RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1541, 5 August 1886, Page 2

RESIDENT MAGISTRATE'S COURT.

Temctea— Wednesday, AvtUsT 4, 1816.

(Before A. M. Clark and D. Inwood, Esq., J.P.’a.) DRUNKENNISS.

Michael O'Connor pleaded gulltyto • charge of drunkenness. Constable Morton said the defendant was under a prohibition order in. Timara and the Levels district, bat it bad net been extended to Temuka. He asked to have the defendant remanded for a wiek for medical treatment. - The defendant asked to be let go as he had taken some land for cropping, and his horses would be idle. He would-pro* mise never to taste drink again. Mr Clark said the Court could , not grant a remand, but would issue a prohibition order against him. Defendant; On my honor, air, I had only three beers. I promlae 1 will never again drink. It ia not neoaaaary to take any more trouble with me.' A prohibition order lor the Temuka and Geraldine district wa« granted, ncnrmfo in a rmro mci. ,

W. Whitehead and W. Dyson were charged with having on the 81st of Jnly last created a disturbenoe by fighting in a public place. 5 Mr Toss will appeared for the accused, who pleaded not guilty. George Levans! On Saturday night last 1 was in the Royal Hotel. Dyson remonstrated with Whitehead .About kicking the furniture, and Whitebeadaaid, " What is that to you ! Do you went anything?” Dyson said, ‘‘ but I went you to behave yourself." “With that Whitehead hit Dyspii In theneck. There was a bit of a scuffle, and Dyson went out, and I saw no mPrebf It, Whitehead went out after him; To Mr Toss will: This was in a private room, where you could have, a drink on the quiet. Constable .Guerin ; At 10.48 on Satnr> day evening, saw the two accused fighting about 20 yards from the'main street. Thera was a lot of people about; Tgot a hold of Dyson and while ho’ding him Whitehead struck him; • < ToMrTosswill; The place is a righLoftray. 1 do not know that Lt|sj>arto( the property, of the executors of lhe late \ Mr Mend el son. It is the right-of- way between the hotel end Jackson's shop. It is a iegnla#- footpath-lor the public. Saw thera figbtlng and; there was a crowd present. . Constable Morton ; At 10.45 on Satur-

dap night heard a noise, and saw a rush go the footpath at the .Royal Hotel, and heard dome one say ‘'Fair play. Show them fair play.” Went over to where the two were fighting. Guerin arreited Whitehead and I arrested Dyson. . Dyson was quite sober, but .Whitehead was under the influence of drink. To Mr Tosswill: They Were" not 20 yards off the street. I do not knew whether the place is prirate property or not. It is a right-of-way into the back of the hotel. It has be»n a common thoroughfare for tbe last five years. Mr Tosswill held that the place was prirate property, and the police' had no right to interfere with them.. The informations were laid under sub-section 29 of section 3 of the Police Offerices Act. The interpretation of the words 'V public place ” was a place opened to and used by the public as of a right. The public had no right on the place where the accused were fighting, and the cases ought to be dismissed. To prore this he^ called J. J. Heap: I know the righ’t-nf-way. It belongs to the executors of the late Mr Mendelson. The place is used by the people. We hare nine feet of it right through by ,the sample room. *‘Mr In wood ; Is this ,in riew of the a street. Constable Morton : Yes, YanrWorship. Mr Tosswill said that Mr Heap bad said that neither be nor any of his customers bad a right there. If it had been used for 20 years it would constitute a right-of-way. . He argued that unless it could be prored that ths place was use' l as a right-of-way by right tbe case must be . dismissed. It had not been shown that it was a public place, buthe had shown IV was prirate" property and would ask the case to be dismissed.

The Court was about giving its decision in the matter when Mr Tosewill asked tave to call witnesses as follows

W. Dyson: On last Saturday I was In the hotel, Asked Whitehead to behars himself, and he said “ What has that to do with you V' and he hit me. I went out, and he followed me. We were net on the right-of-way, but at the baok of the boot-shop.

To Constable Morton : When I eras at the corner of the hotel be hit me. Ido not know what my. reason for going, behind the boot shop was. -Tl William Whitehead : I was taken to the lock-np for fighting. It was at the back of the tin . plase near the Royal that we were fighting. We naver went on the street. Dyson asked me to go outside, and I went. Mr Tosswill again repeated his argument that the fight took place on private property, and urged that it ought to be .X. dismissed.

Mr Clark : Could they be seen from the street!

Constable Morton: There was too largo a crowd, but if there were no.people presoot they could be seen. Mr in wood : Did you sou them, fighting f Constable Morton: Gonstablo Qusrio could tell more about them,

Constable Guerin re called : Thvy were On the right-of-way. Whitehead struck Dyson. Could not say whether they Were within nine feet of the building. It was dark at the time. Mr Clark said the Bench did not consider that Mr Tosswill had proved his ease. Defendants had not given their •videncs satisfactorily, while the evidence on the other side was satisfactorily given. Whitehead would be find £2, and cost* 7s, and Dysort £l, *nd costs 7s. The Court then rose.