Magistrate’s Court.

Wairarapa Standard, Volume XIX, Issue 1907, 26 November 1886, Page 2

Magistrate’s Court.

QREYTOWN—WEDNESDAY. (Before Mr Yon Stunner, 8.M., and Mr F. H. Wood. Esq., J.P.) Babbit Case. Orbell, Babbit Inspector v. J. Tolly, Breach of the Babbit Act. Charge of allowing rabbits to increase on defendant’s run in the Lower Valley. After hearing considerable evidence for the complainant, much of which was merely a repetition of evidence given in a former case beard some time ago ; the Bench said that they had no other resource bnt to fine defendant iu the sum of £2O and costs, as the Act would not allow el any mitigation of the penalty. Mr Buuny appeared in this case to prosecute and Mr Beard defended. Chaboe of Assault and Using Obscene Language. J. Marchant Fraser v. E. H. Buckeridge. Before the commencement of this case Mr J. Tally took his seat on the Bench. Mr Beard appeared for the defendant and the informer conducted his own case. The informer was tho late schoolmaster of Belvedere School, and of late has been asistaut to the Secretary of the Wairarapa Jockey Club. The first witness called lor the support of tho information was John Jones, a jockey, and he testified as follows ; To Fraser—l believe you are the informant in this case. Wheu Buckeridge first asked me if you threatened to kick him I denied it, simply because I wished to avoid a quarrel. 1 told a lie to Buckeridge to save you ; bnt you did say that you would kick him. I did not see Buckeridge back up against you and say, Now kick me. Fraser here made a remark to the effect that the witness was equivocating. The B.M. said that the prosecutor had no tight to assume that his owu witness was committing perjury without he (prosecutor) was in a position to prove it. Mr Beatd—“ Especially from a man like the informant.” Mr Beard then cross examined the witness, who still adhered to his statement that Fraser said he would kick Buckeridge. Albert Uoskins was next called by the informant, and said that be was a jockey and trainer, and saw the defendant Buckeridge on the ground ; Buckeridge was jolly. The Bench here asked the witness if he did not consider that persons generally resor. ted to race courses to make themselves jolly, comfortable and happy. The witness replied he believed they did. To Fraser—When I first saw Buckeridge was while in your company ; he and aome friends were trundling a spinning jinny, or wheel of fortune ; when it oame near yon by accident you said that Buckeridge wanted kicking. To Mr Beard—Told Buckeridge to take care, as Fraser had threatened to kick him. 1 cautioned the defendant, as 1 was desirous of avoiding a quarrel. To Mr Beard—Mr Buckeridge and I have had no subsequent conversation relating to this case. Balph B. Armstrong said—l am a saddler and Secretary to the Wairarapa Jockey Club. Bemember the 10th Nov. About 6 pm I was going out of the steward's room with a judge’s book in my baud; saw the defendant; he said I am not afraid of Armstrong or Fraser either. Several people were holding defendant, who said “ Let me get at Fraser.” He said he did not care for the stewards and that Fraser was a thief. To Fraser—Everyone was amazed at the way Buckeridge was carrying on. He was nsing fearful language. To the Bench—l never saw a disturbance in the steward’s room before, but I have perhaps seen rows ou race courses. I know that there was bad feeling between the defendant and Fraser. John Marchant Fraser, sworn—l am a schoolmaster by profession. On the 10th of Nov. I was on the Oreytown Racecourse in the employ of the Wairarapa Jockey Ulab. In the afternoon at about 5 in crossing the lawn to get refreshment I met Hoskins, who asked me where I got it; I shewed him ; then came across Buckeridge (the defendant) and his friends, who were larrikinising in the booth, and defendant deliberately bowled a spinning jenny at me, and had I not have stepped out of the way in time it would have struck me. Buckeridge, soon after, called a thing, He then asked Jones, who was with me, if 1 threatened to kick him. Jones denied it; Buckeridge tried to soft soap Jones over to get him to say I said so ; be then backed Aip to me and said now kick me, and swore at me. Mr Armstrong could have heard him call me a rogue ; a crowd of Buckeridgo's satellites crowded into the steward’s room ; Dollar, Giles, and Seed were there too, and two of the Tally's, and they all assisted to take Buckeridge away. I said to Debar that 1 never spoke to defendant, or of him. I know defendant would concoct anything that might tend to seriously injurs me. Buckeridge followed me into the Stewards’ room, and some of the stewards cautioned him as to his behaviour. (Here the Beach insisted that the informer should oon* fine himself in his questions to what occurred on the racecourse, and not introduce matters foreign to faia case). To Mr Beard—l mads a remark to Mr Beckett that this would cost Buckeridge L2O. I did not say that Jones and Hoskins heard | defendant say that he called me a thief. To Mr Beard—When 1 laid an information ' against Constable Darby some time ago the . Bench dismissed it. Mr Beard, for the defendant, said there wars two informations, one for assault and one lor »btuiv# language. Without going any

further be woul 1 ask the Bench to dismiss toe R“sau:t case, az :.a u tit.'. evidence had been taken iu support < f i'. The Bench hut- (iisun»id the cast for assault. Mr Beard then said as regarded the tutormation the provocation justified the defendant’s natural irritation beyond a degree, and there was not sufficient grounds for asking the oonrt to bind the defendant over to keep the peace. He called G. W. Dellar, who ssid on the 10th November he wae on the Greytown racecourse ; saw informer and defendant on the lawn ; some friends and I, among whom was defendant, were amusing ourselves by trundling a wheel; the wheel passed close to Fraser ; it was not intentional on the part of defendant to annoy Fraser with the wheel: I thought the affair so trivial that I took no notice of it at the time. Fraser appeared to me as if he wished to place himself in Buckeridge's way. Never knew Bnckeridge to pick a quarrel with anyone, although ho was impulsive at times. C. H. Giles swore that the defendant and Mr Dollar and himself went towards the Stewards' room about five o'clock on the 10th inst ; heard Buokendge ask Fraser if he threatened to kick him ; I stepped between them and defendant did not raise hia hand. The Complainant here made some remarks, when the R.M. said the Court could not allow him to draw inferences ; they mutt heat facts. In dismissing the charge the Court said it wished to state that the complainant brought the indignation of the defendant and consequences thereof npon himself by the provoking words and attitude he bad assumed towards the defendant. Each party would pay bis own costs. Window Breouno. W. Burch was charged by J. Hebley with malicious injury to property by amoahing the windows of bis shop, on Main street, Greytown. Defendant, who pleaded guilty, was fined in the sum of £1 and costs, and was admonished by the Bench as to the gravity of the offence. Neighbors’ Quarrel. W. Pole and Annie Pole were respectively charged by Priscilla Richardson with using abnsive language towards her. The parties are next door neighbors, and appear to agree to differ, end much unsavoury language bod apparently been used on both sides. The Bench bound over the defendants, each in the snm of £6, to keep the peace for the next six months. The Court then adjourned until next sitting.