RESIDENT MAGISTRATE’S COURT.

New Zealand Mail, Issue 777, 21 January 1887, Page 17

RESIDENT MAGISTRATE’S COURT.

Thursday, January 20. (Before Mr H. S. Wardell, R.M.) THREATENING A SOLICITOR. John Peate was charged on the information of Edward George Jellicoe, that he did, on the 7th of January, make use of threatening language, as follows :—“ I will go down to his office and give him a good physical thrashing,” and also that he did follow the complainant in a threatening manner, having in [his possession a large sharply-pointed sheath knife, whereby the complainant applied that he should be bound over to keep the peace. Inspector Browne conducted the prosecution, the accused, who pleaded not guilty, being undefended. The defendant objected to the manner in which the charge was laid. It said that he had used threatening language to a Mr E. G. Jellicoe, but did not state who he was. Mr E. G. Jellicoe might be well known in Wellington, and then again he might not. Inspector Browne pointed out that there was only one “E. G. Jellicoe” in Wellington. The accused farther stated that the police had not given him an opportunity of defending himself, and he asked that the words in the charge, “ he having in his possession a large, sharply-pointed sheath knife,” should be struck out. His Worship said he could not strike the words out. Henry Gordon, chief bailiff, deposed that he arrested the defendant on the 7th for debt, and took him to the Terrace Gaol. On the way up he had some conversation with the defendant in connection with a case of his (Peate’s) coming on a t the Supreme Court. Peate said that he intended to conduct his own case, as he wanted, to have a good fight with Mr Jellicoe, and that he would give him a good verbal licking, and if he did not succeed, in that he would go to his office and give him a physical thrashing. When the defendant was searched at the gaol a large sheath knife was found strapped to hi 3 back. Crossexamined by the accused : Peate’s condnct on the way to the prison led witness to believe that he was either drank or deranged. Thought the defendant meant what he had said about Mr Jellicoe, and would not have felt easy himself if he had known that he had a weapon about him. Witness thought it was hia duty to inform Mr Jellicoe of Peate’s threat when he found that the accused had a knife in his possession, otherwise he would have taken no notice of the threat. The defendant behaved in a most extraordinary manner on the way to the gaol. He knocked several ladies’ urnbrellas over with his stick, and generally conducted himself as if he was a lunatic or half drunk. Witness had an idea he was a little of both. Did not think much of the accused’s threat until he saw the knife. The threat was made use of on the Friday, but witness did not inform Mr Jellicoe till the Monday. Did not tell Mr Jellicoe before, because he knew Peate could not get out of prison without witness knowing. The accused : How do you know ? I might have got a writ of habeas corpus. Witness : Yon might. I am only a bailiff and you are a lawyer. Mr E. G. Jellicoe, solicitor, stated that he saw the accused on the 7th. He was on the opposite side of the road, and “ glared ” at witness. Witntess thought the man was insane. Peate crossed the road and stood within a foot of the witness, who was conversing with a gentleman, and “ glared ” at him. He stood for three or four seconds, and then followed him into his office. As witness went upstairs, he saw Peate at the bottom of the stairs. The defendant had on two previous occasions visited his office, and the witness had ordered him not to come there again. Witness wa3 afraid that the accused meant to do him some bodily harm. He had not the slightest ill-feeling toward the accused—on the contrary, he was sorry to see him in this condition. Cross-examined by the ae--1 oused ; The witness stated that he did not

care to give the defendant in charge. George Cecil Russell and Robert John Stavely also gave evidence. His Worship ordered the accused to find two sureties of L 25 each that he would keep the peace for a period of three months. *