RESIDENT MAGISTRATE'S COURT.

West Coast Times, Issue 3809, 23 June 1881, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before Dr Giles, R.M-, and His Worship the Mayor.)

Wednesday, June 22. ASSAULT.

Jaraet Kerr, was charged on information with assaulting August Bernard. Mr Purkiss for the defendant, stated that the case had been settled, which statement was corroborated by the complainant. Case struck out. EEVELL STBEET NEIGHBORS. Moss Levy was charged on the information of Alexauder Sargison, with having, on the 14th June insr, exhibited an offensive writing and object for the purpose of annoying the informant, who asked that defendant might be bound over to keep the peace. Mr Purkiss appeared for the complainant and Mr South for defendant. Two cross-informations were laid by Moss Levy against Alexander Sargison, in the first of which, Sargison was charged with using language calculated to provoke a breach of the peace, he having said to a third party, " that he wondered that any respectable people associated with Jew larrikins." The second informntion charged Sargison with using a threat with respect to Moss Levy, in a letter which he sent to Henry Levy, brother of the informant. The words complained of were " Your brother will curse the day that he meddled with me." By content, it was agreed to take the informations together. Mr Purkiss said that Mr Sargison had laid the information under the 87th section of the Justice of the Peace Act. He was instructed that the informant was constantly annoyed, and that his business was actually prejudiced. The annoyance was so much that respectable people were precluded from visiting that part of the town. BeiDg a confectioner, it would be understood that well-to-do persons were Mr Sargiaon'a chief customers, and also that the continued annoyance of the defendant, injured his business. On the 14th instant, the defendant drew up and placarded an offensive delineation referring to the complainant. Complainant

had been a member of llio Hospital Committee. While a member he had undertaken to perform cortaiu work in connection with some pig?, for the committee. This got to the knowledge of defendant who exhibited offensive placards througout Revell street, and drew a crowd of the lowest class around them. Ho would call A. Sargison who said, — I am a confectioner; know Moss La vy the defendant ; remember the 14th inst- On that day I saw Levy opposite my door. Saw a piece of paper pasted opposite my door with a large pig drawn on it. There was also a pig drawa on another cird with the figure of a man, with my initials underneath. Moss Levy called the attention of pas3ers by to the card. I saw Levy bring out more cards and nail them up (card produced). Saw Levy piintiug to my shop, aud heard him calling out, "pies, flies, hot coffee &c," then saw him point to the placards. Am satisfied iho placards referred to me. H. Levy and youag Bock also ridiculed me. I did no hing but for the benefit of the hospital. Did not get paid for anything I did to the pigs. Am constantly annoyed by the defendant. Defendant and his friends are constantly engaged in blackguard joking, and " in takin? rises " out of people. By Mr South— l have been in the habit of subscribing to the hospital for years. Mv charge for work done was in lieu of a subscription. I have known Moaa Levy about three years. Am not fond of writing poetry. Never wrote or dictated any. Cannot say whether the writing produced is my son's. Do not think it is. I was annoyed at the placards. The placard would not have the effect of increasing my business. I consider the placards blackguardly and indecent. I was not in a s^ate of great excitement on the day of the election. (Mr South then read the following doggerel lines) ;— - The Reply to the Pig. I am a pi?, which you plainly see, Bat the author of this don't eat me ; If you want his name, it is Mr Levy. Who cut the pig is no matter to me (or you) But the proposer of it is a swindling Jew. He la a regular dowuright brute and scorner, In fact, he would make a good informer. In all rows and ructions you can hear his feet, And people move to aoother street. Chords. Ba, ba, ba ; bu, bu, bu, The author is a big fat Jew. (Laughter.) Witness continued— l never heard of or saw these lines before. The letter produced was written by me. (Letter read as follows:) Jane 15,1881. Mr H. Levy, — It appears you interested youraelf on my behalf yesterday. Very kind of you, no doubt ; bat the next time you meddle with other people's business mind you do not misrepresent them, as you hare done me. Always speak the truth. I cannot make out what I have done to you that you should do me an injury ; but remember, I intend to take action in this matter, and I think you will hare cause to remember Tuesday, the 14th June. Allso, your brother will curse the hour that he meddled with me, and that before many hours are over his head. A. Sargison. Witness said I did not feel my defeat acutely, when I was a candidate for elect'on to the Hospital Committee. I wrote the letter UDder annoyance from Moss Levy. The threat at the cad means that I intended to take proceedings against him. A. Somerville, Secretary to the Hospital Comm'ttee, said that on the 14'h inst, he saw cards like those produced, nailed up on the Hospital Committee Booms; pulled them down and was asked by MO3S Levy why he did so. For the defence Mr South called, Moss Levy, who said— l recollect the 14th Juno, saw Mr Sargisou on the mornicg about nine o'clock and bid him goodday. Saw him come out of his front door several times. The verses produced, and just read in Court were stuck up on my father's shop by young Sargison. I never quarrelled with Mr Sargison, in fact I have always been friendly with and assisted him. Never spoke to or quarrelled with Mi' Sargison since the election. Mr Sargison has a very violent temper and is vindictive. Had to hold him back from striking a person. By Mr Furkisa — I put up two of the placards. Ido not know anything about one of the three placards. Decline to say anything about the third one. Do not know exactly why I put the pig 9up opposite Sargison's shop. Picked up the cards opposite the Hospital Committee rooms. I thought there was some " lark " and wanted to be in it. Had heard about some pias. After I stuck the placards up, I heard that they referred to Mr Sargison. Mr Purkiss applied to have the first information laid by Moss Levy against Sargison, struck out, as it wa3 not contemplated that language used to a third party would cause a breach of the peace. The Bench concurred, and that information was withdrawn. The Bench thought that the Court bad been occupied quite long enough time over these charges, and therefore there would not be an elaborate judgment. One point was whether the writing was offensive under the Act, and the other was, whether the conduct was likely to be repeated aud was of such importance that the defendant should be bound over to keep the peace. The Bench thought the writing was offensive, and that the defendant had brought himself literally under the clause. The placards were intended to place the complainant in a ridiculous light. So far the thing was annoying and offensive. But it was probably done thoughtlessly, and on the day of election. Seeing that it was on an election day, it was not likely the offence would be repeated. The defendant must be cautioned that such acts were unlawful and calculated to lead to a breach of the peace. But the Bench did not think there was cause for interference, aad the information would be dismissed. As to the summons against Mr Sargison, it was clear that the alleged threat in the letter referred to bringing the matter into Court. That summons would also be dismissed. The Court then adjourned.