THE "SCENE" IN THE MAGISTRATE'S COURT AT GORE.

Otago Witness, Issue 1893, 2 March 1888, Page 14

THE "SCENE" IN THE MAGISTRATE'S COURT AT GORE.

In our last issue we gave a telegraphed report of an "Extraordinary Scene in a Police Court at Gore." The following is a detailed report of the whole occurrence by our special correspondent : —

On Friday last, the 17th inst., at 11 a.m., at the Magistrate's Court, Gore, Hugh Borland, alias Hugh Brown, was charged with being drunk in the main street of Gore on the previous day. One justice of the peace sitting alone could deal with such a case, and as it was Mr Simson's turn on the rota of justices to sit on the bench the police had asked him to sit, which he did. Accused pleaded Guilty, and Mr Simson said that as it was accused's first offence he would be convicted and discharged. Accused proceeded to give his sincere thanks to Mr Sirasou. After Mr Simson had left the bench and Borland was outside the door, the latter was rcarrested by the police on a charge of obtaining 2s by false pretences. It must be explained that a charge of this nature must be heard before Wo justices, and it was therefore impossible to go on with the hearing at once before Mr Simson, and the clerk of the court accordingly summoned for 3 o'clock the same day the two justices whose names stood next upon the rota after Mr Simson's. The two justices summoned were Messrs Souness and Mac Gibbon.

In the afternoon, shortly before 3 o'clock, a message was sent to the clerk of the court that neither of the justices summoned to attend could attend till half-past 3 owing to prior business engagements. Precisely at 3 o'clock, however, Mr Simson reappeared, although not summoned to attend, and took his seat on the middle chair of the three chairs placed on the dais of the court room for the use of the magistrates. The clerk explained to him that two J.P's. were necessary to try the case, aud that the two J.P's. that were summoned to attend could not come till half-past 3. Upon this Mr Simson adjourned tho court till that time, but did not leave the courthouse himself, aud just before the half-hour again took possession of the middle chair. Exactly at the half-hour tho two justices who had been summoned arrived, and seeing Mr Simson sitting in the middle chair, informed the clerk that they declined to sit on the bench unless they could sit together without having Mr Simson between them. With the object of preventing a repetition of the deadlock which occurred some weeks age by the refusal of the justices to sit with Mr Simson, the clerk of the court lifted the chair on Mr Simson's right, took it round and placed it at the left end of the dais, after which Messrs Souness and MacGibbou (the two J.P's. summoned) entered the courtroom and took the two vacant chairs — Mr Souness taking the chair next to Mr Simson, and Mr Mac Gibbon taking the outside seat next to Mr Souness ; Mr Simson's chair, of course, remaining at the middle of the desk,]with the two justices on nis left and no one on his right. By this time a large audience had filled the seats in the body of the courthouse in evident expectation of a scene.

The Clerk having read over the charge to the accused, who pleaded Guilty, laid the Criminal Record book open on the desk in front of Mr Simson. Instantly the book was seized, apparently by all three occupants of the bench simultaneously, but it was impossible to see exactly what occurred from the body of the court. However it was soon clearly to be seen that Mr Simson and Mr Souness had hold of opposite pages of the book and that eaoh was tugging at it, both parties excitedly claiming possession of it. Mr Simson was heard exclaiming, "I am chairman of the bench. Mr Souness replyiuc, " You are not " ; " That shows your ignorauce ): ; and then as both were calling out at once a regular jargon ensued.

The struggle lasted apparently for a minute or two, the crowd in great excitement standing up and watching the disgraceful scene, the police and bailiff frequently shouting «• Silence," " Sit down there," and so on. At last the two combatants let go of the book (which now shows plentiful finger marks and a couple of loose pages), and Mr Souness announced that the bench had decided to sentence accused to seven days' imprisonment in the Invercargiil gaol.

Mr Simson excitedly exclaimed ; " That is not my decision. I am' chairman of this court, as j mayof, and anything that you wish to say must I be said through me. Messrs Sounes3 and MacGibbon are a disgrace to this town," Here one of the Constables remarked that prisoner was an old offender, whereupon Mr Simson said : " I understand he isj and as chairman I give him one month's imprisonment with hard labour in Invercargill gaol. He shouldn't be allowed to be at large. I won't be insulted in m^ official capacity by these men." Mr Souness, ignoring Mr Simson's remark, told the clerk that if that was all the business the court would be adjourned. The clerk pointed out that the sentence had not been entered in the book, which was at that moment lying open in front of Mr Simson. Mr Souness then stood up and reached in front of Mr Simson to take the book. Another tussle took place,both men glaring at each other, and a regular fight Beemed imminent. Mr Simeon, while clutching the side of the book next him, excitedly addressed the crowd in court, saying,' "I call your attention to the treatment I am receiving at the hands of these men. They are more fit to be in a prisoner's dock than on the bench " ; and then addressing the clerk of the court : "Mr Palmer, my decision is a month." Mr Souness then said : "Mr Palmer, the decision of the majority of the court is that the accused be imprisoned for a week." Mr Simson retorted that as chairman he would not allovf that verdict to be entered. The clerk of the Court (who was standing up and had been obviously watching for an opportunity to get in a word to stop the disgraceful scene) here called the attention of the bench to the fact that if there was any difference of opinion between justices, it was usual for them to consider the matter in their private rocm, and that the decision of the majority must be announced by the chairman whether he acquiesced in the decision or not. By this time Mr Souness had got the book in front of him and had entered anil signed the sentence whilst Mr Simson was addressing the crowd. Mr Mac Gibbon had also signed it ; and that being done, Mr Souness declared the court adjourned, and both he and Mr Mac Gibbon rose to leave tho court.

Mr Simson, left sitting alone, exclaimed as the two justices were retiring : " This court is not adjourned. You can leave tho bench, but I will try the case myself, and I will report your disgraceful conduct to the Minister of Justice." The Clerk thereupon pointed out to Mr Simson that he could not hear the ense himself, there must be two justices, and that the case had already been disposed of. Mr Simson exclaimed that Messrs Souness and Mac Gibbon came there with the deliberate intention of insulting him in his official capacity as mayor, and of insulting the ratepayers who had placed him there. The decision they had given was a miscarriage of justice by allowing a man like accused to escape with a week's imprisonment. He objected to the sentence which had been entered ; it was not tho decision of the court.

The Clerk, on being appealed to by Mr Simsou, again pointed out that the decision had been given by the majority of the bench, the case had been disposed of, and he advised Mr Simson to adjourn the court formally. Mr Simson angrily replied that the clerk had helped Messrs Souness and Mac Gibbon to insult him by permitting them to seize the book and sign it, and that the prisoner's last conviction was for two years, and he was a dangerous man. The clerk at once repudiated having acted improperly in any way whatever. The constable* here handed Mr Simson a telegram from Inspector Buckley stating that the accused (Borland) had a bad record ; had served a sentence of two years, and was only released on the 15th inst. affcer serving two sentences of six months concurrently for fraudulent pretences. Mr Simson again repeated a great deal of what he had said before, and again accused the clerk of the court of giving the book to the other justices when he knew that he (Mr Sirason) was chairman. Mr Simson then asked the clerk why he had given the book to the other magistrates, and intimated that a plot had been prepared. The clerk said he took the verdict from the magistrate who gave it; he believed his Worship was only chairman by courtesy, and had no legal right to tho position. Mr Simson replied that the clerk was to blame for taking Mr Souness' word as gospel. The clerk denied tbi3, and Mr Simson went on to say that he had come at 3 o'clock to hear the case, and had adjourned it. He was the nominee of the ratepayers. The proceedings were a disgrace to the town. Messrs Souness and Mac Gibbon had benaved in a mo9t irreverent manner. It was a disgrace to justice the way they acted. Here an unfortunate member of tho audience, who was evidently only partly sober, shouted •' Hear, hear ! " and another gentleman who had made the easy mistake of forgetting that this was not a rowdy political meeting, yelled "Chair." The drunken offender was instantly collared and run out by the constable and bailiff, and put iuto the police cell. This fresh disturbance over, and "Silence" being repeatedly proclaimed, Mr Simson asked Mr Henderson, a solicitor, who happened to be present, to advise him whether he could not adjourn the court till 10 o'clock the next morning, as he must have seen the way in which Messrs Souness and Mac Gibbon had behaved themselves ; they deserved to be in the place of the prisoner instead of on the bench, Mr Henderson not making any audible reply, the constable asked Mr Simson which decision he was to take — a week or a month's imprisonment, — but no reply was heard by the reporters. Mr Simson again remarked that the whole thing was a plot got up by somebody to ruin him. He should see to the bottom of it, and bring the whole matter before the Minister of Justice. The court would be adjourned until the next day, and in the meanwhile he would see about it.

Mr Simson then left the bench, and the proceedings closed.

The following morning the man who had shouted " Hear, hear ! " was charged before Mr Simson with being drunk and disorderly the previous day in the court house. Accused pleaded guilty, and was fined 5s and costs (2s).

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