MAYOR'S COURT. Saturday, 18th February. (Before I. N, Watt, Esq., J.P.) THE SCENE IN PRINCES STREET.

Otago Witness, Volume 25, Issue 1004, 25 February 1871, Page 3

MAYOR'S COURT. Saturday, 18th February. (Before I. N, Watt, Esq., J.P.) THE SCENE IN PRINCES STREET.

Isaao v. Maogregor.— His Worship remarked that as the litigants had taken great interest in the present politioal oontest for the Superintendenoy, and as it was well known that he had espoused the cause of one of the candidates, he had deemed it desirable, with a view of preventing any imputations being circulated hereafter, to ask another fentleman to adjudicate upon this case. Mr . N. Watt had consented to aot for him, and that gentleman would now take his place on the Bench.

His Worship then left the Bench and Mr Watt took hia seat.

The defendant, Alexander Maogregor, hotelkeeper, George street, was charged with having, on the 15th inst., used .profane and indecent language toward Barnard Isaao, chemist and druggist, Princes street, to wit : " iou , if you come outside I will punoh your head." Mr W. D. Stewart for complainant, Mr Harris for defendant.

Mr Hams said that before the case w*a proceeded wi>b, he wished to mention that another summons had been served upon the defendant, and he therefore wanted to know whether the defendant would be expeoted to answer both, ohargea. The second summons appeared to refer to the same case. The Clerk : It is a second charge. Mr Harris : Then it is a sort of cumulative offence?

Mr Stewart called Alexander M'Leod, a witness, but as he did not appear, it was agreed to proceed with the other case.

The second information charged the defendant with having, on the 15th inst., used threatening language toward the complainant, to wit : " Come outside and I will smash your head."

Mr Stewart, having stated the complainant's case, called

Job Wain, junr., who said : I recollect that a meeting of the Licensed Victuallers' Association took place recently. I was present.

Mr Stewart : Who was in the chair ?

Mr Harris : I object to the question. It has nothing whatever to do with the case. It cannot be evidence.

The Magistrate : Not of a direct infraction of the law, but it might or might not be evidenoe of animus.

Mr Stewart here read a copy of the placard which appeared in the complainant's window on the 15th inst., as follows : — "To the citizens of Dunedin. The Licensed Victuallers' Association met on Tuesday night and resolved : Resolution — ' That in the opinion of this meeting it is desirable that the members of the Association support .Mr James Macandrew.'" [Here followed the names of the members present.] " Will the oitizens of Dunedin be dictated to by fourteen publicans ? Vote for Reid." The witness (Mr Wain) : Mr Walter was in the chair as President of the Association. Defendant was present at the meeting, and I think that all those gentlemen whose names appearon the placard worealso present. I saw defendant on the following evening in Manse street between half-past seven and eight o'clock. I remember going to complainant's shop. Defendantwaspresent. Noarrangement was entered into before we went there. Defendant had previously offered to bet nobblers that I was not game to go to Isaac's shop and see the bills. We went out at the back of my house to the shop. I went into the shop with defendant. There was a orowd at the shop-door, as has been the case

for some time past. Defendant purchased some pills ; he had not previously stated that he had any other object in going to the shop. Defendant merely stated that he Had been told in George street about the bills being in complainant's shop window, and said that he wanted to see them. Defendant paid 'com* plainant 1b 6d for the pills, and told complainant " that if he did not take his name off the placa-ds, or the placards off the window, he would break his head into as many pieoeo, or as small as, the pills for whioh he had paid him one and sixpence." I think we asked complainant who authorised him to print the bills, and I then went outside the shop. I did not hear defendant say that "he belonged to the clan of the Macgregors, and would brand complainant with the brand of the Maogregors." I did hear defendant said something to this effect : " That there was no law in the country he came from, and that people who acted as complainant had done were disposed of, without law, right off."

Cross-examined : Mr Harris — tapping his own head, and looking at complainant significantly—said to witness : Do you think he is all right here?— (Laughter.)

Mr Stewart : I submit that that is not a proper question. The Magistrate concurred, intimating that if the defence. intended to proceed in that way medical testimony must oe produced.

Mr Harris Baid that the acquaintances of a man were sometimes better able to speak on such a point than even a medical man.

Cross-examination continued (Mr Wain): When the placards were taken down defendant appeared satisfied. I felt somewhat annoyed to find that my name was attached to the placards. Barnard Isaac (complainant) said: On Wednesday evening last about half-past seven o'clock the defendant, followed by Mr Wain, came into my shop. They were followed by several other persons. I believe there were present Mr Edward Levy, Mr Shepperd, and others. They came down the Bteps of Wain's hotel in a mob ; there were twelve or fourteen of them. The defendant purchased some pills, and in reply to his question I told him that he had got to pay Is 6d. Ec handed me the money, and then said, " What right had you to put my name on the placard outside the wiudow." I replied, "I did it from information received." Defendant Baid , ' ' Take it off immediately. " Mr Stewart here intimated that he had agreed with his learned friend to take both cases together. Examination continued (Mr Isaac) : In reply to defendant's demand that I should take his name off the placard immediately, I said, " I am a business man in the town ; although I am taking an active part in politics, I don't wish to offend anyone, and if I have given offence to you, I will take the bills down." Defendant then flew into a great rage, and said that he would smash my head as small as the pills he had purchased. " I'll murder you," said he, " even if I am bound over to keep the peaoe, and I'll put the mark of the Macgregors upon you !"— (Laughter.) Mr Harris : Did he explain what that was? Witness : No, he did not ; he became violent, and said, "You , if you come outside I'll punch your head." I think the words could have been heard by persons passing along the street. He insisted upon my going outside to fight, and politely intimated that if I did go outside he would smash my 'head. — (Laughter). "I won't take the law against you," said he, " I am a poor man, and don't want to pay law expenses, but I'll have it out of you one way or another." "Come outside," he repeated, and take off those bills." I said "my boy is doing so, and therefore I shall not come." Defendant then said in & very foroible manner, '• Come ontside yourself." Mr Harris : Did you go ? Witness (apparently surprised at the question) : "Go outside ? Oh dear no j I have seen too many of the Ballarat riots to do that, and I don't want to see any more." — (Laughter.) I afterwards sent for a policeman to protect — (Counsel : Yourself ?) Witness : Me? no; the shop. — (Laughter.) I sent for a policeman because the mob was accumulating. Cross-examined : I did not refuse to take down the offensive bill. I did refuse to tell how I got it. Mr Harris : How did you get it. Witness (emphatically) : I deoline to answer that question. Mr Harris : Did yon get it from Mr Reid's Committee ?

Witness (shrugging his shoulders) : I also decline to answer that question. Mr Harris : Did M'Leod give it to you 1 Witness (more shrugging) : Mr Harris, I decline to say. — (Laughter.) Mr Harris : You know M'Leod ?

Witness (confidently) : Know him, of course I do ! I didn't see M'Leod there. I have subpoenaed him for reasons whioh will be shown hereafter. I subpoenaed him because I was informed he could give evidonce in the case. Mr Wain, as well as other persons, tore the bills down. The window was pretty well placarded with bills having reference to the present election, in which 1 have, and still take, a great interest. It is not unusual for eight or nine persons to be standing in front of my shop window at the same time. I decline to say who printed the placards. Arthur Webb waa present. Did you aak who is Arthur Webb ? Well I dare aay that if I went into partioulara as to generations I could explain. Mr Harris : You are not asked to do that.

Witness : Well, Mr Arthur Webb Is engaged at the establishment of Messrs Oliver and Ulph. My lad, Charles Stewart, was also present. I am a quiet, peaceable man

when not insulted ; if t should bo Insulted, I know how to take my dwn part. Defendant did not say,, when I said "I would take the bills down," that "he was satisfied." He did not say, "If you 'don't pull them down, I'll smash you into pills." What he said was that he Would nave vengeance on me some time. Defendant is a dangerous man when he is non compos mentis. Not being a Scotchman, I don't know the nature of the "mark of the Maogregors." — I don't know that I have got into any serious trouble lately. I believe I have been summoned for smashing an old hat in defence of my property. That was in connection with the eleotion. Mr Nathan was tearing down my bills. I ran after him, and his hat fell off. I have only got to pay for that. I did ask a policeman to see me home on the night in question, because I was afraid of the infuriated mob. It is also true that I asked the policeman to go with me whilst I had a glass of grog.— (Laughter*) Mr Stewart : You were apprehensive of danger ? Witness : I was. Mr Stewart t What was the defendant's manner?

Witness: His manner? Why, his manner was infuriated.— -(Laughter.) Alexander M'Leod deposed that on Wednesday evening, the 16th host, he saw 20 or 30 persons standing near complainant's shop, and he heard defendant say to complainant, " You , if you come outside I will punch your head," cross-examined : lam oooupied on behalf of one of the candidates for the Superintend denoy. I did not supply complainant with the placards. He does not get them from Mr Reid's Committee room. I have not the slightest idea who supplied complainant with the placard in question. I never saw it until I saw it in his window. Political agency is not my only occupation. Arthur Matthew Webb said he was not at complainant's shop when defendant first went in on the night in question. Defendant threatened that if complainant did not take the bills down, he would make his head about the size of some pills he had purchased,

James Curie said : My shop adjoins that of Isaac's. On Wednesday evening last I saw defendant in Isaao's shop. I heard him cay he would smash Isaac's head as small as the pills in the box. He also called Isaac a d old Jew, and said he would make it a caution to him for putting his name on the placard. Cross-examined t I did not see defendant go into the shop. I did not hear the defendant make use of the (indecent) expression you refer to. If it had been used I must have heard it. I saw defendant, Wain, and Shepperd leave the shop together. Charles Stewart, assistant to Mr Isaac, said that on Wednesday evening defendant, Wain, and Shepperd came into Isaao's shop. He heard defendant threaten to " smash Isaac's head aa small as pills if he put the bills outside with his name on." Defendant also asked Isaac to go to Wain's and have a drink, adding that he would smash him there as he did not want to do it in the shop. Defendant then said, " I don't want to take the law against you, bat I'll take the law of my forefathers." Defendant, when outside the shop, asked Isaac to come outside, saying that he would then punch his head for him. Witness at that time was washing a bill off the window. Defendant was greatly excited, but Isaac was quite calm. Mr Harris addressed the Court for the defendant, urging that the threat of the defendant could only be regarded as a mere waste of words ; it merely referred to the contingent behaviour of the complainant, and it was evident that the only object the defendant bad was to get the cause of offence removed. When that was done he was satisfied. It also appeared that the only persons who would say they heard defendant use the indecent language were the complainant and Mr M 'Lecd, both of whom were supporting the same candidate. He thought that under the circumstances of the case nothing more than a nominal fine should be inflicted,

Mr Stewart said that on behalf of the complainant he should be willing to accept a nominal fine.

Mr Harris would be oontent to leave the matter in the hands of the Court. After a pause, Mr Harris said that Mr Stewart had agreed to withdraw one of the cases— the case in whioh the most objectionable words were used.

Mr Stewart : Of course Mr Harris consents to a nominal fine,

The Magistrate said he did not think he waa in a position to deal with the matter merely as a civil case between two -parties. He thought that on publio grounds he must exercise some discretion in regard to the question as to whether any fine should be inflicted for an infringement of the Act. He could not be a party entirely to the withdrawal of the information. He merely stated so muoh in case Mr Harris might wish to proceed further.

Mr Harris said that the only witness he would call was Mr Shepperd.

R, W. Shepperd, of the Supreme Court Hotel, said : On Wednesday, the 15th insb., I went down the back stairs attached to Wain's Hotel, accompanied by the defendant and Mr Wain, junr. I think there were five or seven of us altogether. I did not go into complainant's shop at that time. I remained outside. I went into the shop with defendant about a quarter of an hour afterwards. I did not go to Wain's on that evening with any particular objeob. I and others had drinks at Wain's, We oame outside soon afterwards, and seeing defendant ooming along the street, I said, "Here comes the British lion, "—(Laughter.) As

soon as defendant came tip we .treat into Wain's and had another drink. Ultimately defendant said : " Oh, by the way, I havfe heard something about my. name being atuoß up in Bob Isaac's shop ;" and I think fed also said "that he generally bought pill* and medicine there." I think defendant said, " I'll bet yon nobblers my name is not posted there." Somebody said, "I hay* seen it." "So have I," said L " and wrote on one of the documents that Dr Hulme had allowed him (meaning complainant) to go oat half-an-hour before the moon rose."—* (Laughter.) The bet was for seven drink*, and when [defendant saw the bills he gaicL " Then I have lost the drinks." He seemed to look npon the matter as a joke. We all regarded the matter as a joke. i Counsel: Who was there? Witness : 1 cannot tell ; nearly all Prinwi street; Tom, Diok, and Harry. i Counsel : You did not create any disturbance yourself ? Witness : Oh dear, no j the police were there, and therefore if I had it would have very soon been made known. I caw some body tearing the placards off the window. I also saw Isaao's boy washing them off, and throwing a bucket of water on the side walk* as if with the intention of washing away all remembrance of what had taken place. Mr Harris : Did you hear whether defendant took his pills ? Witness t No, I did not. I said, " What pills did you buy, Mao?" and Mao replied, " Jayne's Carminatives."— (Laughter.) Mr Harris here said he did net propose to offer any further evidence. — (Laughter.) The Magistrate did not think the charge of using the very offensive words referred to in one of the informations had been sue* tamed, but the remainder might be regarded as proved. The use of the words by defen* dant when outside the shop, to the effect "that if complainant would come outside, he would punoh his head," looked very muoh like an attempt to provoke a breach of the peace. Taking into consideration, however, that during an eleotion contest these squab* bles were not looked npon in so unfavourable a light as under other circumstances they would be, and considering the defendant's position, he thought the justice of the case would be met by fining the defendant 20a. Subsequently the Court decided to reduce the penalty to ss, with costs,