MAGISTRATE'S COURT

Oamaru Mail, Volume I, Issue 194, 4 December 1876, Page 3

MAGISTRATE'S COURT

TUB BAY. [Before T. W. Parker. F,m\.. R.M.] ,Mptc.r.xsu stusT .sint,. Michael Sheehan was complained against j'the Inspector of Nuisances fcV>r allowing ighfc soil to be spilled in Thames-street u'the morning; of the "!>th alt. Defenant stated that it! was an accident over ■liich he had no control. The Inspector gave evidence that, when died upon, Sheehnn had done what he mild to abate the nuisance, and thy Court Jjoumed the case until to-morrow momit; bo allow ox tha defendant paying the ipeuses incurved. ABPMVM CAN! KTAI J-IS. Arthur Toms was charged by Henry Ifhelch' with usin£ abusive' and insulting manage, calculated to provoke a breach t'fclie peace. IVlr. Balrner appeared for complainant, ml Mr. O' Meagher defended. Henry Whelch deposed : On the I'itfv luvamber last,. Arthur Toms and Peter Wey brought a horse on to the section i my occupation in Torridge-street. I ijucted, and ordered them to take the lunat away, but Arthur Toms to I'd onley to leave it there, and to bring as any more as he wished. I said the auo was virtually mine as long as- I nted it, and he called me a liar, and id it was not. ' He further called me'a —d foot, and said " if I would go to in ha would take it out of me." .He was m on the section. I have been in oeeuition of the house for about three onfchs, having first rented it From Mr. nlbraith. Mr. Galbrattb said when I ok it that there was. half an acre of mind attached, t paid the rent to Mr. illiiim Aitfcen. About four days after I itj|ijvfeey I first knew that Mr. Toms Ji-i-. wted with the property, fnever * any notice until the- day of the aburo language' that I had not full control the section. I never authorised Mr. ooley or any person etse to place horses i»eisu When th© horse was first placed l the ground it was on the portion on liich the house stands. The two sections to within one fence. When he used the imilting Tanguage E told hint I should wmnon him. Dootey said that if the ureo was an annoyance he would take it way, bttf. lotas would not let him, and I hun said I would set the animal loose. I in afraid of a repetition of the language, mlaalc.JiQat defendant be bound over to oep'TJne peace. Gross-examined by Mr. O'Meagher : Jr.. Toms has lent me money. I am not ifttiid that fie wilt repeat that annoyance. ile ordered me to remove goods from my top, but I don't remember the polk? aving.tocompel mo to-do so>. He annoyed »o in another manner, but t don't wish i» mention the matter. Since the atFair Wttrejl 1 have spoken- to a good many wsonst, Inspector M'Ctuskey amongst the »st. He advised me to take the present rocoediogs. lie called at the shop and I Jplained matters. When the row took 'lswe my rent was in arrear, and he told io he would put in the bailiffs, which he id. I still swear that on the day of the tcurrence I told Toms I would summon im. Mr. M'Ctuskey said it was a mean etiwu to put in a distress warrant, and I to (juite right in taking proceedings jainst him for putting in the horse. He ill not speak in yoniplimstitary terms tout the Inspector, but £aid it would be Moll better tf Toms minded the duties *f which he was paid. After I had esminil the house I went to _Mt. Gatbraith »il told him I would take it. That was to day after I lltid received the key from im. "When I heard that Toms had ought the house, I. went to Mr. Galfaith, and.asked htiwii to collect the rent, si had a dislike to Toms. I am positive fr. Galbraith told me there was half an »W'of "ground to the house. J?«tiu' Bootey, deposed : I am a liveryW)Io (jasper, residing in Oamarn. I relomber going with) Mr. Tcwna, in the Beaming of last week to the section upon •liiclt the house of Mr. Whelch stands. 1 *aa about to tether the horse on the inxmd, when Mr. Whelch came out and *iii he would not allow us to do so, as we *il no right. Toms said he had, and "Hihl leave the animal. We were tetherH the horse at the top end. Cross-examined : I did not hear him 5 Whelch any names, nor threaten to tote it otxt of him." I did not hear a *"U mentioned about a summons on that *y ■, thai 1 am pojjitive of. Jjijs closed the complainant's case,

[ Mr. OTMeagher addressed the Court for the defence, and pointed out that the : question of tethering the horse was entirety outside the question. The charge i was for instating language, hut the evi- ! denee entirely failed to p-ovo the rate, for although the complainant .-iwoivtoi the use ! of certain language, an inip«vtiai witness who was present during tho whole occurI rence, fatted to hear any such expressions. ! Counsel then spoke in very strong terms ! of the conduct of the Inspector of Police, who, in his opinion, was the moving spirit in the present proceedings. After reviewing the evidence, the Magistrate decided that the conduct and language complained of was not of sufficient gravity to call for the binding over of defendant, and dismissed the charge.