HORSEWHIPPING IN CHRISTCHURCH. THE DISPUTED ELECTION.
The following case, tried before the Eesident Magistrates' Court, Christchurch, on Thursday last, is reported in the Press : —
Captain Anderson was charged by Mr J. C. Brooke, of Christchurch, with having assaulted and horsewhipped him, on the 14th inst, in Birdsey's British Hotel. Mr Garrick appeared for the prosecutor. The defendant conducted his own case.
Mr Garrick first called J. C. Brooke, who deposed as follows. On Tuesday last, Car tain Anderson and Mr C. Ollivier called at my house, wishing to see me; I went out and we went down to Birdsey'3 hotel together, and went into ihe side bar. The barmaid, who came in direcly atterwards, was asked to leave, and the front dcor
bolted. Mr Hetherington then came in by the side door, which was immediately closed. Captain Anderson then asked for an apology for some reports derogatory to his character, which h<> said I had circulated. I declined, on the ground that I had said nothing but whst was fair in electioneering. Captain Anderson then offem! me three alternatives, either to give a written apology, to stand an action for libel, or to ni horsewhipped. I asked what I had said. Fie would not tell me, but said it was d<ro.:fit'iry to his character. I then saw IVTr J. Ollivier okinj; through the glars door leading into the Jockfy Club room, and asked him to come in to see fair play. Again Captain Anderson repeated what he had paid to me, and asked for an apology. This I again refuser), saying I had «aid nothing at all derogatory to his character. Mr Woorhouse, who was in the Jockey Club room at the time, then entered the bar, and said I had used language to him, which conveyed to his mind some imputation derogatory to Captain Anderson's moral character. All was repeated again before Mr Moorhouse by Captain Anderson. I asked Mr Moorhouse to send for Mr Duncan. Mr Moorhouse declined, when I complained that they had no right to bring me there and bar the door. I was then piven a bow with a riding whip by Captain Anderson across the face. '
Crots- examined by the Defendant : There was no conversation relative to the matter in hand between Mr Brooke and Captain Anderson whihon their way down to Birdsey's. There wss no one in the bar when we entend it. You asked me to eive you a guarantee that I would stand an action fi-r libel, coupled with an apology. You grave me time to decide. You told me you had heard from more than cne source that I had spread reports about you, and I asked you to brine me before mv accusers. You asked me for a private ex-ianation, for a public one You told me Mr Morrhouse was not your authority, and I 3gain aaked to be brought before my accusers. You told me that you were my accuser, and you looked for an explanation, and I said you had no right to do so ; I cilled Mr ( >)livier into the room. You again repeated the convtrsit : on vetbatim to him. You again Enid that I hai ca-t frightful imputations on your character to no less than eight persons, and I asaiu asked who they were. You said I had made a bkekgunrdly att:ck on your character, and I denied it. Mr Moorhouse then came in and called me a liar. I was sitting on the sofa. I don't know whether you had your coat off cr not. I don't know who opened the door. I went to the counter to get some lemonade I don't rememb°r whether I pot it out of a pale brandy bottle or nnt. I don't remember whether lun wired a cork or not. You once more asked me for an explanation or apology, and a terwards struck me with a whip. Several people were present, among them Messrs Moorhouse. J Ollivier, Innes, and Steriker. You had asked me f)r a private explanation. Wh^n you whipped me I did not strike jou. I did nothing. Mr \V. S Moorhouse was next called and deposed—l know the prosecutor. I shook hinds with him last night, at his particular reque-t. I remember Tuesday last, Captain Anderson called on me that day for professional advice, I was at Birdsey's at three o'clock. I g-> there every day for luncheon. I met Mr Ollivier in the private ro^m behind the bar, where I had ordered lunch. I heard a conversation behind the bar. I knew the voices. I heard Captain Anderson speaking very excitedly and Mr Brooke rejoin similarly. 1 heard Mr Brooke denying a statement he had made to me. I then went out into the bar and a=ked Mr Brooke if it were possible he coald look in my face and deny that he had male the statement in question to me in Mr Duncan's presence. I repeated to him in effect what he had stated to me and Mr Duncan the day before, and he denied having made such a statenunt. What he stated reflected most injuriously upon Captain Anderson's private character. In consequence of Mr Brooke's denial I am sorry to say I called him a liar. I saw the whip now produced in Captain Anderson's hand. When Captain Anderson called uDon me for advice, I advi-ed him not to horsewhip Brooke, but to go Mr Slater or some other solicit ?r and commence an action for damages- This 1 considered the hest means for punishing Mr Brooke and vindicating his own character.
By Captain Anderson: I certainly cannot re member the exict words of the conversation that occurred between nn and Mr Biooke on th? day I and Mr Duncan met him in the street, but Icm give the sub'tance of it. I was walk ing into town with Mr Duncan, and we mH with Mr Br.ioke in the square. We both smiled, conscious of being engaged on opposite sides in politi 's. I asked for Mr. Brooke's votp ; he rejoinel that he was doing all he couhl en the other side. He then went oa to say that he was very sorry to see a man of my position identifying himself with such a mai a* Cantain
nderson. I replied that I thought Captain Anderson was as much a gentleman as myself, and I had great confidence in him. He said something expressive of regret that I should damage ray party by supporting a m >n wao ha i been guilty of disgraceful conduct in Victoria. I asked what conduct. He said, "It's no use saying anything about it. it w^s well known. That he himself was in Melbourre at the time, and knew all about it." I then said to hita very seriously, " Mind "what you ara about, Mr Brooke ; yon are slandering my friend. I shall refur you to Captain Anderson himself. lam convinced of his respectability, and shall stand by him." Then Mr Brooke very earnestly deprecated the imputation of slander, and very excitedly explained that he only referred to Captain Anderson's political unfitness to represent the Avon district. I told him to be more careful what he sail, a* my opinion wns that his remarks had nntnistakeable reference to Captain Anderson's private character. Finally Mr Brooke shook hanrls with Mr Duncan (who joined in the conversation) and myself. He le marked he should like to see his man win, but it would be all the better if CapUin Anderson won. and we parted. I and Mr Duncan agreed that it would be wise to say nothing to Anderson about what hid occurred.
By Mr Garrick : I recommended Captain inderson not to horsewhip Brooke. I thought it was not worth while to stiike such a miserable cur. Captain Anderann's conduct was wrong certainly. I told Captain Anderson^ that the proper person to have done the flogging would have been the public hangman at a cart's tail. I had heard damaging reports nboufc Capt. Anderson previously to th's day, and called upon him for explanation; He gave me the mostsatisfac'ory certificates of character from leading public men in Australia. I do not care to identify myself with blackguards. I am entirely satisfied of Captain Anderson's respectability. An my request, Captain Anderson laid down his whip and
put on hia coat. I thought the affair was endpd, but suddenly, after an exchange of loud words. Captain Anderson gave Brook a horsewhipping, I was Maud ing near the d-wr, which was open. Thpv were at the other end of the room. I had not pvesf nee of mind enough to interfere Brooke took ifc very meekly [Mr Moorhnuse added that iifi'her Mr Dm can. Mr OUivier, or hira^e'f, had any idea ih t ai-yMi'ng of tl»p sort was to occur. He Rlw^ys was at iur<ch at that t'rae J Mr Dur.cin w«s tli" next witness, a*"! having been swum, etated : T ny t the plaintiff when I was walking with Mr Monrhonse in Citbe'.ral Square on Monday morning, between ten and eleven o'clock. Mr Brooke," when asked for his vote, replied that he was sorry to 83e Mr Vfoorhouse and myself identify ourselves with such a f-ilow as Captnin Anderson. He hart been in Melbourne whi'e the defendant was. at the gold field', and he had not that reputable character which a candidate for the Avon should have. When he left us, I remarked to Mr Mcorhonse the insinuations he had thrown out.
Mr Oliiyier was then callfd, and deposed follows: I know tbe plaintiff and defendant in this csse. 1 was present on Tuesday last during • an altercation between plaintiff and Mr Brooke* I was called into the room hy Mr Brooke who saw me through the glass door. I was in the Jockey Club room, in private conference with Mr Moorhousp, on professional business, and hpa &■ loud voices in the front ba r . It was at that time Mr Brook* sw me and called me forward. Capt. Anderson asked MTr Srooke for an apolt-gy, and gave him one of three alternatives, an apology, an action at law. or a flowing. Mr Brooke declined to apologise and said he had never uttered a word derogitcrv to Captain Anderson's cha» ricter. He said he had not done so in Mr Moorhouse's presence. Mr Moorhnuse then came from the private room and paid, ' Dare you say so in ray presence. Xv Brooke V Mr Brooke repeated that he had not done so, when Mr Mcorhouse said. " If you had said as muchof me as you have of Captain Anderson, I would wring your neck." Mr Brooke Ft <ted that Mr Rolleston was tha only person in who c presence he had ever said anything referring to Captain Anderson. Mr Moorhouse proposed that he should see Mr Rolleston and ascertain what had been said. Captain Anderson, who had nreviously taken oS bis coat, resumed it, and unlocked the 6'oor and left the room. He returned soon after. Mr Innes and Mr Steriker had in the interval come in. Mr Brooke continued to provoke Capt. Anderson. He taid that lie was the victim ot a conspiracy to attack him, that he had been broueht down to Birdsey'B for the purpose, end similar ag'-crava'.ions, when Captain Anderson rushed forward and horsew!rpp:d him. I stepped forward and prevented fu<ther violence, I was not excit°d, exer-pt in as far as hearing the pprwinl character of a friend attacked. I toll Mr Biooke he ought toapologise to Captain Anderson, and if Anderson did not justify himself I would never speik to him again. Captain Anderson cstne to me on Sunday to mention the aspersions c.-st upon his character, and showed me afieTwards letters and. papers disproving mo 4 satisfactorily the charges imputed to him. I was sati-fied with them. Mr Brooke wa« severely threshed, hut I saw no blow struck unon his face. Mr B ooke had ample opportunity of defending himsflf had he chosen to do so. I had no previous knowledge of this assault. My presence at BirJsey's wts purely accidental. 1 hid iunched there, as is my custom, and had private business with Mr Moorhous", who was lunching there a!so. I did not interfere until Mr Brookes called upon me to do so. Mr David Innes wa"! next calleJ, and deposed as follows: -I know both Mr Brooke and Captain Ander e on. I was at Bii'd«ev's on Tuesday ii j st. 1 entered the side hnr "with "'r Steriker. You (Andersou^ were speaking to Mr Brooke. I recognise the horsewhip produced. There seemed to be a regular row. You demandpd an apology and whipped him. I raw you whip him He made no reply. I should not like to get a similar whipping.
Thomas Hetherington was next called, and deposed as follows:— I am manager for Mr '•iird^ey. I remembpr Tuesday last I lemember Mr Brooke. Mr C M. Ol'ivier, and myself walking into the side bar with Captain Anderson. Miss vr«flfamara.wa3 requested to leave the room. The door was locked. Capfciin Ander~on then requested Mr Brooke to arjologise for some scurrilous remarks he hid male, o"" receive a horsewhipping or stand an action for libel. £ffcprwarrts Mr J. OJiivier came in. C?ptain Anderson took hU coat off ant] opeued the door. It was no private whipping. Ifc was d.-ne in a crowd.
Cross-examine! : I am manager forMrßird« sey- I never have been an officer ia either the navy or army. I consider it was a severe public thrashing 1 . Captain Anderson saH lie would only call one more witness, and that wa~- Mr Charles Morton OUivier, who deposed as follows : — I know both Captain Anderson and Mr Brooke. On Tuesday, Captain Anderson cilie' oa me, and asked me to act as liis friend ; that a gro«s libel had been spreal abroad about him. and he wished me to see him vindicate himself. We callei at Mr Brooke's hojso at abont 12 o'clock. Sir 3rooke was not in. We left a message aud returned in half an hour. Captain An r ler«on put one foot inside the door, and asked Mr Brooke to come out. We went down to the side bar at Birdsey's. T. Hetherington came in. I remember Mr Brooke sitting down. Captain Anderson charged him with having said some libellous remarks respecting his private character, and gave him the alternatives of an apology, action in the Supreme Court, or a horsewhipping. Mr Brooke asked Mr Hetherington to ca'l Mr J. Ollivier from the next room. Through the day we did not speak to Mr J. Ollivier or Mr Moorhouse about the matter. After the whipping, Mr Brooke stood as though he couldn't help it.
Captain Anderson then addressed the Court in a long and energetic speech, and concluded by asking the Court to look upon the case as one of justifiable rather than unjustifiable assault. Mr Garrick replied, calling upon the Bench to commit the defendant for trial.
The Court was then cleared, and in about a quarter of nn hour it was re-opened. The "Resident Magistrate then said that they could not commit the defendant for trial. The ca«e waß a violent one, and the highest penalty would be irflicted, viz , £5. They hoped defendant would not be guilty of euch violence in future.
The fine of £5 was imme liately paid by one shilling subscriptions, collected outside the Court by a number of the defendant's friends. Weunderstand the defendant has handed the £5, by his private cheque, into the hands of the Treasurer for the Orphan Asylum,
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Otago Witness, Otago Witness, Issue 691, 25 February 1865
HORSEWHIPPING IN CHRISTCHURCH. THE DISPUTED ELECTION. Otago Witness, Issue 691, 25 February 1865
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