EXTRAORDINARY SCENE—A BAILIE COURT IN BATHGATE.

New Zealand Herald, Volume I, Issue 309, 8 November 1864, Page 6

EXTRAORDINARY SCENE—A BAILIE COURT IN BATHGATE.

A MAGISTRATE I':N'EI) IS TWIiKTY SHII.t.TXaS. Tlio following as been handed to us for publication. To the Editor of the New Z'isai.anii Huhald. Sik, —Wee're n;t sa bud after :i. Gin thae feactious ebiels, the reporters, wnclmi gie ilkiv' hot word that's drappit, owre quick may be sometimes, Auckland baillies wadna cut a bad iiguru alangsiile thorn o' tlio 'auld country. Just prent this, Mr. Editor, and oblige, Yours, A Glasgow Laud in. A scene, which only can he equalled by a meeting of the Belfast Town Council, and one which you will in vain search for a parallel in any court, of justice, was enacted before two ot our magistrates, in the Burgh Court-room here, on "Wednesday last. Foi some tune past the merchants in our burgh have been in the habit of exposing goods of all kinns or the footpaths in front of their premises, in diroel contravention 01 the Burgh Act, and to the obstrue tion ol the footpaths and annoyance of the lieges . To such an extent, has this been dom>, that Mr. Gardner, Procul ator-Fiscal, saw it lo be hisduty to prose cute the offenders eradicate this increasing nui . sauce. To this cndlie issued letters to the defaulter: under tile statute, but, apparently, without any ell'ec Ural result. More strenuous measures wer* 1 'eonse quently had recourse to ; und on Wednesday last James Carlaw, grocer, Engine-street, and Hailii Lamb, also grocer there, were brought before tin Court, charged with the oH'cnce of having, on tin sth inst., exposed goods or merchandise in front o , their shops in said street, lo the obstruction of th footpath, and hindering ami preventing the fre> passage thereof, in contravention of sec. 32 of th Burcli Act 5 Geo. IV., cap. 128, and had thcreb' rendered themselves liable in the penalties thereii , provided. Bailies Johnftoue and .Robertson pre sided, and the eases passed to trial. 'J he Clerk riad over the charges pre/erred agains Messrs. Carlaw and Lamb. 1-r. Carlaw sent a medical certilicate of his ina . bility to attend, and the Magistrates agreed to dela his case forfaither hearing till the 17th curt. Bailie Lamb appeared in answer to the charge, am took his s at in tront of the bench. Bailie Johnson (addressing BaUie Lamb). —It's fine day. Bailie Lamb—lt is. Otlieer of Court.—Silence, gentlemen. Bailie Johnson.—Bailie Lamb, do you plea guilty or not guilty. Bailie Lamb. Before T plead, T have to rctjues that the clear the court ami remove that littl dog, which is a nuisance (referring to the Procurato Fiscal's dog\. r lhe request not having been complied with, th dog was kicked by Bailie Lamb. Procurator-Fiscal.—Such conduct on the part c Bailie Lamb is Mn'gentlenianly in ill-u?in» the do" and if lie is Very anxious to kick out all the dogs," thiak your Honours wuuld be justified in kiekintr o". all the lamhx. (Laughter.) ' , ' Bailie Johnson—Do you guiltv or no guilty ? ~ Bailie Lund) —Not guilty ; and 1 wish the case t go to proof, i certainly find myself in rather a pecu liar situation, in that i should,' as a Bailie, be callei upon to appear before my superiors for such ui oil'ence, as I certainly—and more so than any presen —have the interest and welfare of the burgh at heart But I will now state my defence. MV lirst objectioi is that this complaint- is nt the instance of Mr. Gai diner as Procurator-Fiscal. I hove no ill-will to .Air Gardner. I believe him to be a talented youn< man, and one who is likely to rise in his profession and who is already illustrious as a curler and ; bowler; but according to the Burgh Act, despite hi qualifications, he can't hold the ollice of Procurator Fiscal and that of Councillor in the Burgh, ho can' hold two offices, as he would thereby have the powe of voting for his own salary, and might get it macli £5 or £10 ; he can't be a servant to the Council am an Independent Councillor at the same time, and deny that iic is Procurator-Fiscal. S'ceondiy, At 1-is Council meeting he stated that lie stopped "working alter he saw he was not to be paid, he stopped work mg— lie ceased to be Procurator-Fiscal. '1 hirdly That he fraudulently obtained payment of .£3 3s. alleged to be for his salary from Die treasurer, lie ha: thus been fraudulently robbing the Burgh, and he i< not the Fiscal. Bailie Robertson—l can't allow cu'ch a defence Bailie Lamb; it is far too personal; I really can't allow it, and call you to order. At this juncture Bailio Lamb rose and again kickec the Fiscal's dog (hisses), which was standing ii rather close proximity to the seat of this redoubtabh Magistrate. Procurator-Fiscal—Bailie Lamb, if you do thai again I'll do something to you. (Cheers.) Officer of Court—Silence ; I'll have to put you all out. (Great laughter.) Bailie Lamb, proceeding with his defence. Fourthly, This complaint has only been si.'ned by one Bailie. Perhaps this is not a legal objection ; but I think it should hav<_ been signed by a man ol common sense. (Great sensation.) Now, that ha" not been done, as it is signed by a man utterly devoid of common sense, and is intended to cramp the commerce of the Burgh. Procurator-Fiscal—l have to request your honors to call Bailie Lamb to order; he is not making ii defence, he is only disparaging your honors and me, j and ought to be committed for contempt of Court! (Cheers.) Bailio Robertson—You must stick to the case that won't do. Bailie Lamb—Certainly. As I was just sayinoattention, Bailie Johnstou! you are not hearing'me (laughter)—my objections are :—There is uo Pro-curator-Fiscal ; it is not signed by a competent Bailie, at least not by one possessing common sense (cries of order") ; there is no clause of the Act founded on ; there is not one that bears on the point. lam only charged with putting goods on the footpath in front ot my shop, which is no offence under the Act, and not of selling goods. Mr. Dick, Clerk—Has Bnilie Lamb pled fuiltr or not guilty ? ' a J Badie Lamb—ls that a' the length ye'r yet? ( ( .|! U = er ;A 1 P led ,10t guilty- Now, 110 faces r<ifi reat lau ghter.) [At this juncture, the ,- r s'tting apparently in a brown study, with h.s mouth in the shape of tlio letter '< O."] I can't go on with my defence if the Clork makes such h 'T 5 , 13 »'e completely off. (Kenewed otlSr.) g ' UUd Cl ' ieS ° f " s ''enee" from the it i!f : ,w lCk ' rlT k i~ YolU ' lr ° nor3 > 1 w °n't stand this ; it is contemptibleJ • Bailie Lamb—My last objection is, that I hold no o/lence has been committed by my exposing goods at my door, as it is the market place. lliis concluded Bailie Jjumb's defence. Proeu ator-Fiseal—Bailio Lamb, in the commencement, stateß how ho has the welfare of the Burnh at heart j tlut if he had, ho would not persistently

have kept tho footpaths cViolced up heing requested not to do no. I, h'AVo been asked repeatedly to bring up Initio Lamb iw, the greatest offender 1111, he town. . People going to and from the train have been annoyed by potatoes and herring barrels obstructing the foot] rath; and there was no end of complaints. As to the objection of my holding two ollices, that is a question which has lonu since been decided by t.lio most eminent counsel in Edinburgh. As to fraudulently obtaining ti 'salary, I deny it; and n« regards my stopping working, I was told not to go 011 writing letters, but to see the Bailies, and arrange as to a salary. Partiler, the J'l'ovost told the Treasurer to jY&y my salary, and he called at my office and "paid mo. As to the summons being only nig'hed by one Bailie is an objection which only shows 13ailio Lamb's ignornnco. ft is unnecessary that an offence should b'6 stilted in the summons, as the exposing of goods is by see. 34 of the Act a fault, and has a penalty thereto attached; and I have now to request your I Tenors to hear the proof Bailie Lamb comes here as a merrynian, and attempts to turn the Court into ridicule. Bailie Lamb—Am I not to l>o iillowed to speak any more ? Procurator-Fiscal—After lam done. (Laughter.) The witnosses were then called. The first witness was, . . Peter Waugli, cattle driver, ite., who, being sworn and interrogated, deposed—l im forty-five years of ago, a cattle driver, Jfcc., and reside in Buthgato. Baiiie Lamb —T object to that witness, as on the day in question lie. was drunk. (Laughter.) And I can prove that he is now drunk. Wnugh—When you can prove it, then I am drunlc, and if I am drunk just now 1 am always drunk. (Laughter.) Bailie Lamb—Tod hear the witness say himself he is never sober. Waugh—l don't say sc. The Clerk—Hold your tongue, Wuugh. Waugh—What would I hold my tongue for ? (Excitement.) Order being restored, Procurator-Fiscal—Do you know Bailie Lamb's premises in Engine-street? Bailie Lamb —Is the wipiess sworn in ? Mr. Dielc—Yes. Bailie Lamb—Better swear liini again. Witness—Neither you, Bailie Lamb, nor liny other man Would swear mu again. . ilailio Lamb—-Do you know tho naturo of an oath r Witness—l ken an oath as weel as you. (Laughter.) The witness deposed to having seen, on the day ill question, potatoes and herring bands, also scales for weighing potatoes, standing on tho footpath ; also n large box taking up all tho footpath. By the Court —The potatoes were in bag The weights for weighing were standing on the footpath. By Mr Lamb—l saw no boxes on Friday. Tt was on Saturday I saw the box. It was on tho footpath 1 saw hairs of potatoes, some on tin: footpath and sonu on the side of the street. Bailie I.amb—lt, would h.ive been more creditable to the Biir'gh if ihev had brought a person fit t< answer questions. (Addressing the Witness) —Did 1 not fee yon holding on by Carlaw's corner on Fri (lay, and playing at the " bools" with 6omo children Scene in Court 2 in front of Peter Sinclair's !' \\ itness—You never saw me lift a " bool" in youi life. (Laughter.) Wnugh—The man's gano gyto ' tTohn Arthur was the next witness called. Bailie Lamb—l object to Jock being a witness ;h( is the burgh otlicer, and a servant, aiul is ten time: worse than the last witness ; ho is drunk night ant day—(hisses)—imd before swearing him in, lie sholik be put through the ordeal of stanclhtgoii one leg fo: three minutes, to show that he is sober. (Laughter, •lock o what !- Na, rai ! 'the witness was then sworn hv Bailie Johnston. Bailie l.amb (addressing the witness) —Say " S help nie Cod." sir. (Laughter.) .lock—To be sure. .lohn Arthur deponed that he was t >\vn drummer Tie knew Bailie Lamb, and had ol'tt ii seen potatoes herring barrfls, potato scales, and other articles oh strutting the footpath, in front of l.is premises, am especially on Friday Just. Pr Bailie Lamb—John, when were, you sum moned A\ itness never was summoned. Bailie Lamb —T object to this witiiess, as ho ha not been summoned. (Laughter.) Procurator-Fiscal—That is no objection. Jock—Cer'ainly not. Bailie Lamb to witness—When did you hear o the case A\ itness—T never heard of it till about an hour ago Bailie Lamb—What did they tell vou to sav " Witness—They never told me to say anything. Bailie Lamb—Would you be a witness lor me ? Witness—To be sure. (Laughter.) Bailie Lamb —Were the potato-bags obstructing the footpath Could you not get pa.-t 'i Bailie Lainb—You could .'get through weel enougl although you were half drunk '•> Witness—To be sure. j 110 "I'struction—T did not. j Bailie Lamb—l ou saw the bags standing with tin tickets in them, "Cheap potatoes Witness—To be sure. Lailie Lumb Do you not like to see tho potatce. ti"Knled np at a cheap price ? Witness -To be sure, and bur them too. (Quietly) F-ne tiling a " tatfie!" ' Lailie l.amb M el], Jock, thev w-an 3 0l] put awai tl e e ticket 3 and the cheap " taties" if let then gam this ease. (Laughter.) Jock—To he fure ; certainly. his closed the proof for the Fiscal. | TheClork-llave you any witness," Bailie Lamb) | Bailie Lamb None but those 'who have been al I ready examiner! ; but J have something to say ret. I J rocunitor-Fiscal— rising—Alter lam done.' Youi Uonors, J brought this complaint at mv own instance and m doing so the hearts of the people went witl me at least their wishes. I have been frequently asked to do so, , !s the greatest existing nuisance wa'i Bailie s shop, and I have proved this caso most uitisfantorily to your Lordships. (A laugh.) Mr, \ augh is ;l sober man, and lias proved a most satisfactory witness, and from his employment haw every opportunity of seeing what is going on. and often spendshalf a day at or near Br,-. L al „h's premises. John Arthur is also a good witness, lie is always going up and down the town posting bills and following Ins vocation of town drummer, and no one has a better opportunity of observing what transpires. I think Thau; fully proved t!, ( -case, and have to reon C R iHr r' VO, V T or ' S wil ! in ' liet t' lo highest penaltv on B.ulio Lumb, not so much on account of the offcnce as for the contempt lie has shown lor your Honors and also to find him liable in the expenses. Bailie Lamb—Mr.Gardner says that, in raising the summons he earned the hearts, or at least the wi.-hes, of the general public with him. He miVht have the wishes of a few interested individuals, but never ol the genera! public. Perhaps Mr. Stewart, of the Commercial Hotel, would wish the 'bus belonging to Baihe Robertson, which goes rattlim' un and down our streets six times a day to the station, ill, nobody m it, put: a slop to, as a nuisance ; but fmniTr f » C 'n d*° bj U,c I,ublit "' ( Cries ft oi l Mr. Stewart.: '"That's too bad yer honours.") (Laughter ) lam only charged with putting goods on tlie toot path, and ,t is far better to see goods in ront of the shop than to show the shutters on— , re la "° proof that I have exposed goods for sale And so long as railways and carriers exist, and bu*iV™"' (h , C /" e " mst bu eonds laid down on the .ti cel. You can t expect a man to carry in a r^s™fv I,i,b f Bk v i den - T t,,nt ,h " F^ 0,. n i rocurator Fiscal : You may as well s. }le sherill is not the sheriff)—and that I was onl_ v exposing my goods in tho market place- and Iro° 7 P M OV r tl l '- v two dnlnk en witnesses that I had goods on the footpath. Now, Mr Dick von Mr Lick (m wrath) .- I won't stand that 1 I 3feS i<m of u,e Court! Sudl conduct is liailie Lamb: Well, don't make faces. lUi-JJick : 1 was making no faces, sir either of a3uv made'it f,lce is »« God the Court? (Lau-hter) Ul ° l )rotcatlon of self. (Cheer'sO SUpUl ' iol ' S ' " lul J'ourrt.e gLera'rbSt oflnufetn 1 111

Bailee Lamb i My li "wKen the clerk turns lif3 buck Upon me. (Renewed laugliter.) Bdilie Lamb (continuing liis defence): I hold that, as I said before—(Pay atteution, Bailio Johnston ; vou'ro not hearing me. No faces, Mr. Dick.) (Laughter ami confusion.) Bailio Kobertson : I can't allow this to go Oil. Luilie Lamb I hold that the. suiiihlons is incompetent ; that Mr. Gardner ift not.the Fiscal, as he can't have tho power of "sitting as an independont.Councillor, and also acting as a Bervant to tho Council, as iu tliat case ho would liavo the jiower of fixing liis own salary, but. perhaps your legal advieer can inform you. No faces Mr. Dick. Mr. Dick (with his back still turued) —Mr. Gardner is Procurator-Fiscal. Bailio Johnson—Arc you finished yet f Bailie Lamb—l am not well beguii) and tis t dm not charge;! under liny specific el.-tUao of tho Act, it is necessary, I think-, ibr my information, and tliat of your Honours, tliat I should read the whole Act. • Bailio Johnston and Robinson—No, no. Bailie Lamb—l think it would be better. Can you you lend me your " specks," jamio t— uddießsitig !i gentleman in tho court. [Having got the " specks," lie was preparing to t'viid tlic whole Act, when the Procuititor-I'iscal called him to order.] Procurator-Fiscal—Your Honours, I think you must see tliat Baillie Lamb is out of order, and you should at once decern and allow him no opportunity of bringing further ridicule on tho court. Bailie Johnson—The decision of tho Court'is— Bailio Lamb —Without any more speechifying. Bailie Johnson-—ls—that you be fined in the sum of— Bailie Lamb—Silence, gontleincn, the Ha!Hi is pronouncing judgment. (Laughter.) . Bailio Johnson—ln tho sum of £1, ■without oxpen so. Bailio Lamb—No expenses ! Thank you. Bailie Johnson—As you were warned once or twice to desist. Bailie Lamb—l was only warned once, although vour l'iscal says three times; but he always tells u lie faster than the truth. And would you, Sir. Dick, just minute that I entirely dissent from the judgment of their Honours, and appeal against it. Mr. Dick—The Act provides a remedy. I liaye nothing to do with it. The Colirt then adjourned. In reference to the above ease the following lettei litis been received by the publisher :— " Mu. L.uyso.N. " Dear Bin,- —Since writing you this morning about tlie Bailie Court proceedings —Gardner, P.F. rt'r.siis Lamb—which took place here yesterday, 3 have seen the Glasgow llcrairf of this morning iu ■which a long rigmarole account of that day's ivorli appears, and in which I am introduced us makintj fairs to Bailie Lamb, so as to disturb his equanimity and disable him from stating his defence. I have tc request the favour of inserting this m your paper ol Saturday, whereih 1 now "what is attributed to me, as above referred to, is a i/ra/iiitons, malicious and malignant falsehood. The author is well known as a /iiu- of 'the Jirst water ; and it is much to bi lamented tliat any respectable paper inserts his horrid trash.—Yours truly, "Thomas Dick, Town Clerk. "lltli August, 180J-."—From the Aitdrie Ail-rcrfisi-r.