RESIDENT MAGISTRATE'S COURT,

North Otago Times, Volume XXXI, Issue 6019, 5 April 1886, Page 3

RESIDENT MAGISTRATE'S COURT,

SATURDAY. (Before H. W. Robinaon, Esq., R.M., and D. Sutherland, Esq., J.F.) CREATING A DISTURBANCE. James Devlin was brought up on a charge of having disturbed the Salvation Army meeting, on the previous evening. Accuied pleaded not guilty. Inspector Thompson conducted the pro* seoutiop, and called the captain, lieutenant;, and a member of the Salvation Army, who each gave evidence to the effect thai the accused had walked into the Burracks while the meeting was progressing, nnd had asked in a loud tone of voice to be supplied with a hymn book. He was told there were none. Ho again asked for it, •nd the captain told accused if he waß going to remain he would have to keep quiet. Accused stil w»nt on talking, and he was asked to leave the building, which he refused to do, and said it was a public meeting, and he had a right to be thero. A constable was sent for, but before he came accused left. In defence accused stated that he had met the captain that evening, and they began to talk about salvation. The captain told him if he would go to tho Barracks they could discuss the subject tbere. He went in, and on getting up to ask if the subject 'would be discussed then, he was told that if ho was not quiet he would have to go out. Hii Worship remarked that tho Court could not pass over the matter without inflicting a penalty. It would not be a ■evere one, as they were willing to believe that no gross disturbance had taken place. At the aame time he pointed out that any person going to a properly constituted meeting had either to obey the person or persona in authority, or leave tho building. It was no business of the Court to distinguish between any religious body, so long as there waß a properly appointed phairman. Tho highest penalty for this offence was LQ, but the fine of 10a only would be imposed. ASHAT7LT. James Devlin was further charged with assaulting Sergeant Beatty when in the oxeoutlon of hia duty the previous ovening. Accused pleaded guilty. Inspector Thompson called Sergeant Beatty, who stated that when he was passing the {Salvation Army barrackß the previous evening ho saw the captain speaking to the accused. On telling the latter to go away, he did so, but after going a few paces ho returned, and struck witness several times in the face. Accused ran away and witness followed him. He eluded witness, but later on witness went to Shaw's boarding-house and arrested accuaed. Tho latter knew what he was doing. He was not drunk. He advised him twice to go away from the barracks.

Inspector Thompson said he had a disinterested witness to call, and aoked if the Bench would hear htm. £[!■ said they would. It vras belter that they rhould fully understand the case, as so wide a discretion was given to the Bench in the matter of puniahpient. Jacob Bbrimaki stated (hat he saw the accused being prevented from going into the meeting. Sergt. Boatty then spoke to the •ccuied in a kindly wbv, when he turned round and struck the sergeant several blows. Witneßß did not see any provocation whatever given, and the sergeant told acpuaed in a moat kindly manner to go away. His Worship, in giving judgment, said that thin case was of so gross a natnre that it was scarcely to be understood how a young man, apparently so well informed and respectable, could so far forget himself ac to etriko a constable n pniform. The Bench considered it to be quite opt of the question to impose other than a severe penalty. He wob fined L 7, in default 21 days* imprisonment with hard labor. Accuaed asked the Bench to reduce the fine, as he had only just come into town, and waa under the influence of liquor at the time.

Ills Worship said the penalty was made ob lenient as possible under the pircumatancea.