RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 1980, 10 May 1875, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY,

Before W. Fjbasbb, Esq., E.M. DISORDERLY BEHAVIOUR.

Isaac Cairn was charged with haying been guilty of disorderly behaviour in a public place, to wit, in - Brown-street, Grahamstown, on the Bth instant, with intent to provoke a breach of the peace. Defendant pleaded guilty. Mr Bullen said the case was brought under the 2nd section of the Vagrant Act, 1869. He had two witne»ses ia attendance who could speak to the nature of defendant's conduct. The assault, as they could tell, was most aggravated and unprovoked, the man assaulted being his own father, who was also up on a charge of drunkenness. So cowardly was the conduct of prisoner considered, that the crowd who were present would have taken summary vengeance upon defendant, had it not been for the iatervention of a Mr Harris.

His Worship decided to hear the evidence. r , . Phillip Harris deposed—l am a miner. I was in Brown-street on Saturday afternoon. Saw the prisoner there .with, his father. I saw prisoner strike the old man and knock him to the ground. When he was going to get up prisoner knocked him down again. Saw, after the old man was lifted up, that he had. a cut on his eye. I could not saywhether it was from the blow. I was on the opposite side of the street. Some men were going to meddle with the prisoner when I interfered. Thomas Baird deposed—l recollect seeing the occurrence. The first I saw was the old man lying on the street, with the young man standing over him. When the old man a 4.tempted to get up the young one knocked him down again. By defendant—l[don't \know what was the cause of your striking him. You hit him as he was getting up. V 7 / His Worship (to defendant) —Can you not account for your conduct ? To me it seems a most-cowardly assault, particularly when committed on your own father, whatever his faults may be. Is there nothing you can say in extenuation of the offence. ! , Defendant said. lie had never hifc his father in his life that he knew of. He was trying to get his; father home. Both of them had been drinking, and he had taken as much as his father. ;".

Mr Bullen said the defendant had been convicted of a grave assault upon a man named Gibbs'in the month of September, 1873, for which he was sent to prison for a month. On this occasion he was quite sober. Defendant—l wasn't half sober. I drank as much as he did, glass for glass. His Worship— You seem to think that improves your position. Mr Bullen: His father would not prosecute, your Worship. ■ William Cam (defendant's father) said: I do not know, your.Worship^whether he did or did not strike me, but if he did, it was the first time he. ever lifted his hand to me in his life. He has been a good boy to me, and we were thinking of clearing for the bush together to-day. His Worship: You seem to have more consideration for your son than he has for you. I see by the minutes of the Court that you (to defendant) were convicted of an assault in September, 1873, and that the case was hear^fbefore me. 1 sentenced you to one month's imprisonment, and I must have thought it a very i hard case indeed when I gave you a month, without the option of a fine. I Defendant said he had not been to blame on the occasion referred to by His Worship. His Worship remarked' to defendant that he seemed to be quite an innocent party. He had also protested that he did not strike his father in face of the evidence given by two respectable men that he not only struck him^ but that he struck him when in the act of rising from the ground, to which he had been forced by the first blow. ■ > Defendant wanted to know why he had not been arrested then. He was arrested afterwards when he was in the bar.

Mr Bullen: Your father was. taken away first, and you were taken immediately after. Defendant: They did not take me; they said they wanted me. His Worship : And they did want you. Somebody else will want you directly, and I hope they will make good use of you when they got you. I will fine you £10, or tvromonths' imprisonment. lam very sorry that tho Act will not permit me to make the imprisonment unconditional. If I had my way I would not give "you the option of a fine. Defendant was conducted to the lock-up. • DHUNKENNESB. William Cairn was charged with having been drunk and incapable in Albert street, Grahamstown on the Bth inst. 1 Defendant pleaded guilty. : . . Mr Bulleu said he would withdraw tho charge if His Worship would allow him, as defendant had been locked, up since Saturday. His Worship said, he had no objection since the police wished it, and told defendent he might go. This being all the business, the Court adjourned.