RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 457, 16 October 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Jicfore T. W. Parkicr, Km|., K.M.) Michael Collins was fined os. for allow ing a cow to be at large. DRUNK AND DISORDERLY. Patrick M'Cusker, for being drunk and disorderly, was fined 305., with the alternative of six days' imprisonment. DISORDERLY CONDUCT. Robert Keenan was charged with having, on the 12th inst., allowed disorderly conduct in his house, wherein refreshments are consumed. Sub-Inspector Smith prosecuted, and

Mr, Calmer appeared for the defend' who denied the charge. ' ' Sergeant Bcattie gave cvidenc tn t}l() effect that ho had known the r for about four months and bcu«" jVch j j lO a sort of refreshment hop „ e " Tiwn) Wflß dancing on almost every m vi,t ( an ,i { \ lu general character of t* tii \ IoUHO Wilß j )a j. Mr. lialmer to ln j H kiml of evidence. The i\olj 00 N i„ m ) ( i ()li \ y K ; vo evidence on tlK 0 ~„ m tter with which the accused was clVa,-^,!, Sub-Inspector Smith .said the evidence was perfectly fair, as the police only wished to tdunv the general diameter of I the man und the house, which was a nui«inc« and a disgrace to the town. The I Section of tlie Act clearly allowed bucli | evidence to bo given. His Worship agreed with the Inspector.

The witness continued: The dancing carried on in the house was very rowdy, and respectable people were compelled to walk on the opposite side of the street to avoid the nuisance. About half-past 10 on Friday night, in consequence of it being reported to him that there was a row going on at Keenan's, he went to the house and found from to to '2O men standing about the place. He went inside of the house, and the gas having been turned off, he obtained a piece of candle and a lit it. Keenan came up and wanted to know where he got the candle, and what business lie had in the hoUHC. Witness cautioned the accused, and said lie had a right to be in the house. He went into a room in which there were from 20 to .'lO men. The tables, form*, and chairs were all knocked about, as if there had been a scuttle in the room. Ho was told that a man had been seriounly injured. Keenan had a black eye, and had apparently been washing his face-. The men in the house appeared to have been drinking. The whole of the persons who were in the house did not live there. Mr. Ihdinev did not cross-examine the witness.

Countable .Smith gave corroborative evidence.

Thomas Murphy, a hawker, said ho knew Keenan, and w;i« in his liouhc on the night of the 12th inst. There wan a tiddler ami a number of females there. He wont into the house about !> o'clock, ami saw the defendant there. There were about .'<o or 40 people present, ami dancing was going on. About 20 minutoN past 10, he heard Keenan way something to a man named («rey—that he would not have him there smoking ; and («rey said, "Do I owe you anything I" Keeiiuii replied, " You have been loafing on mo for 12 months ; this is a private house, and 1 will have you here no longer." (Jrey said, " It is very private when you have a dance here every night, and sell drinks." Keenan said, " I have sold you no drinks ; you are travelling for an hotel, and want to have inc." After some further disputing, Keenan struck (Jrey, and a rowtook place, which two other nun joined in. The room then became very disorderly, and witness opened the window to let the females get out, and left by the same means himself.

To Mr. Maimer : Witness could Dot Hay who tlio females were ; but he had neon tlu-ui at Keenan's frequently. Before the dispute took place between Keenan and Grey, there was nothing disorderly in the house except the dancing. The row continued for 20 minutes.

To Sub-rnspeetor Smith : There wub nu charge made for admission to the dancing ; anyone can go in if lie is not a policeman in uniform.

Mr. liahner objected, and said a man had aright to have dancing in his hoiiHuif he liked.

Sub-Inspector Smith said respectable people were not in the habit of providing dancing every night in the week open to every ragaiiiuihn. Witness <o his Worship : The women who were dancing in the house were young women.

.lames (irey deposed that dancing wan regularly carried on in the defendant's house. He had been present at these dances, but could not mention the names of those who attended these dances, which were open to anyone. Ho was present on the 12lh instant, and saw the defendant there. He was in the private bar some portion of time. lit; saw people drinking in the house. After they had finished a dance the defendant went up to witness and paid, " Vou seem to be flash, smoking a cigar and spitting on the Hour of my dance-room, Do you think 1 can afford to pay for gas for yon to come hero dancing ; you never spend any money in my house." He (witness) replied that he had frequently spent money in the house. After some further disputing, Keenan struck witness, and witness " had ago at him." After u few rounds, Keenan said ho had had enough, and witness then put down his hands. Keenan then hit at him again, and they renewed the light. While they were ho engaged one or two other Ih/hls also took place, and there was great disturbance, during w".:ich one of the tables was broken.

To his Worship : Thero wero four " ladies" present. To Mr. liiilnicr : I suppose Kecnan d.d not vi.di mo to bo in his house because 1 was " rather dry," and did not spend enough money. I did not consider it impudent to remain in the house after being requested to leave, as 1 thought I had as much there as anybody else. Tins dancing biforu the row was very rough, the company pulling one another about.

To Sub-Inspector Smith : T have scon several of these dancing houscn, and Keenan's iH about as rough a place as I have ever seen.

To his Worship : No invitation* njf) issued for these dances ; they arc open tv the public, and anyone can go in, and M , long as they spend plenty of money, it u all right.

TM3 v Wasr the case for the prosecution. Mr. Balmer said he would not call any Tritne'sses. He would, however, ask his Worship if the defendant was guilty under the clause. He maintained that there had been no disorderly conduct until the defendant had been drawn into a fight under exasperating circumstances. The defendant had been forced into the fight jii self-defence. He would call the. attention of the Bench to the defendant's face, which bore striking proof that he had already been severely punished. His Worship said he would give his decision on Thursday.