MAGISTERIAL.

Timaru Herald, Volume XC, Issue 13312, 14 June 1907, Page 6

MAGISTERIAL.

TIMARU—THURSDAY, JUNK loth. . (Before Mr C. A. Wray, S.M.) OBSCENE LANGUAGE, Thomas King charged, with using obs:vne language in a public place at Pleas--iiLt Point on June 23rd, pleaded guilty ami ;.:;ked to be dealt with. summarily. _ Constable Hammond stated that about LV o'clock on the night of June ord, he :.!«• accused and another man standing in .the middle of the main road at Pleasant Point, and heard aceuesd using bad kui: cr.age. like? were within the township and th'-re were several persons about. Accused explained that he was arguing with the other man and lost his temper. His Worship warned accused that he was 1 able to a long term of imprisonment for this offence. As it was accused's first offence he would fine him 40s and. costs, in default seven days' imprisonment. ABUSING A STATIONMASTER A resident was charged with on May :05th at M. Andrews, using abusive and insulting language to James Durkin, statiomnaster at St. Andrews. ■_ Mr Raymond appeared on. behalf of ac-

" Sub-Inspector Green said the charge was hi id under the railway by-laws. On May 25th accused.was a passenger to St. Andrews bv tha afternoon train to. Timaru, and on the way lost a parcel. He went to th- stationmaster, and asked him to te.eoraph for it, but refused to pay for the «-ire When the stationmaster refused to -end the message 'unless it was paid for, accused used-abusive language to him. He called . ■ . James Durkin, the complainant, who stated that he was sita'tionmaster. at St. Andrews. Accused arrived at St. Andrews by the 4.39 train from Timaru on May 25th, and told witness that he had left a parcel-in the train. He ask-ed witness to telegraph to the next station for > and witness instructed his cadet to get a descriptor "of the parcel, and telegraph it'as accused, asked: The cadet did so, and then asked for payment of.the wire, Jd, which accused refused to pay. Witness declined to send the wire unless he. paad for it, but offered to write which would cost him'nothing.- Accused then used very insulting-language to witness and his cadet, using one expre-sion about a dozen times. Witness took him bv the arm and led him to the door of his office and told him- to cm home. He would not go, and kept witness'-'till 5.30. . Witness did not think he was. sober. '■■"'' To Mr Raymond: Did not me any abusive language to, accused. Accused did not say .that he was repeating what witness had said.' E. M. Smith, cadet at St. Andrews, gave evidence corroborating that of last witness. . To Mr Raymond: Accused was not repeating what- the stationmaster had said ; the stationmaster did not use any bad language to accused. Did riot hear accused say he would " pay Durkin back in his c,wn words." ,-■ Mr Raymond said that when accused was told lie would have to pay for the telegram lie demurred, as he had not paid in similar oases before. The complainant, according to accused, used the bnd language to liimT-which accused afterwards repeated. The apcusdd.-p.nd his brother, gave evident to | the effect that the expression!? used by accused were merely a repetition of wli.it Din-kin! had said to accused. His Worship said it was evident that accused had iised the bad ■ language, but it had' no.t been proved that the sta.tionma'ter a.h-o us°d bad la.nguaere. He would impose a. fine of £3, and costs £1 9s.