Mansford v. Stephen. This was a case of alleged assault.

Otago Witness, Issue 36, 24 January 1852, Page 2

Mansford v. Stephen. This was a case of alleged assault.

Mr. Mansford being duly sworn, stated, — I am a storekeeper at Port Chalmers. On Monday afternoon last I was in Mr. M'Glashan's office settling some private business with him, when his Honour Mr. Justice Stephen came in. He shook his fist in my face, and called me a lying scoundrel. He shook his fist in my face a second time, and said he would beat my brains out, and break every bone in my body.

By the Court. — He said I had been circulating all kinds of slanderous reports about him, and that he would indict me for a conspiracy. I told his Honour that if I had injured him he had the law to protect him, and that it was very undignified for a man in his position to threaten me in the way he did. Ido not recollect that he said anything more. No conversation occurred between us before he behaved in that manner. Cross-examined by Defendants— On your entering

the office you might have said, — I understand that you have been circulating reports against me. Ido not remember your having said anything to the effect that I had been doing so, thinking I had only injured a female, and that I was quite safe. I will not swear that such was not said, but I have not the slightest recollection of it. You did not say words to the effect, — If you circulate slanderous reports against me I will break every bone in your body. I cannot swear that these were or were not the ■words used at the time you held up your hand in my face ; you were excited at the time. I will not swear that you either did or did not use words to the above effect on every occasion you held up your fist to me. I know Malcolm Graham ; on Wednesday or Thursday last I said to him that you deserved to be horsewhipped through the town.

Mr. E. M'Glashan being sworn, said, — I am Registrar of the Supreme Court. I remember that the Plaintiff was in my office on Monday afternoon last. Mr. Stephen came in when Mr. Mansford and Miss Graham were in the office. I went to the door thinking he required to say something to me on business. Mr. Stephen addressed me in these words : When \ think of the first time I saw that unfortunate girl, pointing to Miss Graham ; that I should be treated in such an ungrateful way after the kindness I have shown her. He said, alluding to Miss Graham, that she was abase ungrateful wretch. He then came in to the side of the room and addressed Mr. Mansford. He made some remarks to him about slanderous reports that he was circulating, and told him he was a lying scoundrel, holding up his fist in Mr. Mansford's face, saying, that if he caught him making such remarks again he would break every bone in his body. Mr. Mansford then said to him that he was forgetting his position, that if he felt himself aggrieved he had the remedy of the law. I felt a little excited at the time from the peculiar circumstances I was placed in. I saw him put his fist in Mr. Mansford's face twice, and the same words were repeated each time

By the Defendant. — i think you made some remark to the effect that he thought himself safe in slandering a woman, but that if he (Mansford) used any more slanderous expressions about you, that you would break every bone in his body.

By the Court.— Mr. Mansford was not excited at the time; he was very calm. Mr. Stephen was excited.

By the Defendant.— You sat down and wrote an affidavit in my office, which you took to the Resident Magistrate's Court, in order to obtain a summons for a conspiracy. _On your first coming into the office you stated, that you heard that parties had been making a declaration containing slanderous matter against you, or words to the same effect. By the Court. — Mr. Stephen and Mr. Mansford were close together. Mr. Stephen held his fist close J to Mr. Mansford's face. This closed the Complainant's case. The.Defendant then quoted from " Starkie's Law of Evidence 1 ' several passages to show that the worth of" a witness' evidence might be judged of by the method and manner of delivery, as by the words themselves ; and went on to remark that the Complainer's statements were, from the reluctant manner of delivery, unworthy of credit. He then referred to a discrepancy in the evidence of the other witness. (This witness appealed to the Bench, that his evidence was being misquoted ; and an altercation ensued between the witness and the Defendant.) He further said that the Complainant stated he came to Mr. M'Glashan's office on private business ; what was his own private business must have been concealed; what private business could he have with the woman there on that very same day and at that very same time he had come there to get the declaration taken. He was there upon no private business. His evidence was nothing but an attempt to deceive the Bench ; he did not tell the whole truth, because that was a most important fact in this conspiracy against him. The provocation he received was most overpowering ; no human nature could have borne that provocation ; none but a Spartan could have borne it. The Complainant had gone about in a cowardly clandestine manner to circulate reports injurious to his (Defendant's) character. He had endeavoured to find some one who would give him information of those reports, but he could not succeed. He thought he might obtain it from a gentleman in the Complainant's confidence, who might have been consulted as his legal adviser ; but he could not get any information. Under these circumstances could he (Defendant) wait for the slow and tardy proceeding of the law ? could he endure all this and not have his feelings ruffled ? With these remarks he would leave the case in the hands of the Bench.

The Magistrates retired ; and after an absence of about an hour, delivered the following decision : — The Bench are of opinion that no assault has been committed by the Defendant on the Complainant, and that therefore the case must be dismissed. Had the Complainant applied to the Bench to preserve the peace, his application would have been duly considered.

Dr. Purdie then addressed the Defendant, and said, — On behalf of the minority of the Bench, he must express the opinion, that they deeply regretted to see the Judge of the Supreme Court in the position in which he had placed himself, and more especially that he should have expressed such a sentiment as— that he could not wait for the slow and tardy administration of the law.

THE CASE OF STEPHEN v. MANSFORD, &c. We understand that many persons present at the hearing of the case of Stephen v. Mansford, Webb, and Graham, are determined that the Defendants shall not suffer oppression from want of means, and that a public meeting is to be held to consider the subject. The sum of £35 has been placed at the disposal of the Defendants.

LAUNCH OF THE " BON ACCORD." We had much, pleasure in witnessing, on the 22d instant, the launch of a sailing barge, " Bon Accord," built by Mr. James Adam, ship-builder, Dunedin, for Messrs. J. Macandrew and Company. The barge is 50 feet long, and will carry 40 tons dead weight in any weather. She is constructed on a model quite new to us, and some doubts were entertained of her success ; but we understand she has realized the highest expectations of the builder. She will be a great convenience to the public, and is intended to trade between Dunedin and the Port One of her chief advantages is the facility she will offer for landing cattle or sheep. We understand that Mr. Adam is laying down a vessel of 50 tons on the model of the Aberdeen clippers, which we doubt not will turn out an equally creditable job. s*~ ■ >*_ -