RESIDENT MAGISTRATE COURT.

Westport Times, Volume III, Issue 495, 24 April 1869, Page 2

RESIDENT MAGISTRATE COURT.

Friday, April 23. (Before J. Giles, Esq., R.M.) Robert M'Farlane v. Anne Kelly. In this case the plaintiff sought that the defendant be bound over to keep the peace towards himself and all her Majesty's subjects. Mr Tyler appeared for tbe plaintiff. On Saturday evening the defendant entered plaintiff's house, and there made use of bad language towards his wife. Plaintiff handed defendant out at the back door, when she remained quiet for some time, but on Sunday morning came to plaintiff's door, and there indulged in obscene and disgusting language towards plaintiff's wife, and storeman, besides pitching stones, buckets, tins, logs of wood, &c, into the store from 7 to 12 o'clock on Sunday morning. Robert MeFarlane said he had to put defendant out of his premises on Saturday evening. He heard her fighting with her husband all night, and was unable to rest iu consequence of the uproar. She came to the back door on Sunday morning, and said her husband cave her a beating in consequence of not getting money from him which she allowed to be due for attendance on his wife during her illness. He had then to go round to the front door where he heard stones coming in, when he came to the door he saw her throw insja stone, he thentold her he would tie her np, to prevent her from throwing stones &c, but no one would help him. During this time she was using i obscene and disgusting language towards his wife, the residents were looking out of their doors at her, and he did not interfere with her again, but told her he would send for a constable. "When she saw the horse going for the constable she became quiet. She was the worse for drink. D sfendant: Were you not drunk on Saturday evening, and did you not kick me out? Plaintiff: No.

Jno. Walker, storeman to plaintiff, c;ave evidence, and said when lie heard her in the kitchen on Saturday he went for Mr M'Farlane, who told her she had best leave the house altogether, and took her hy the arm when she went nut quietly. She came hack after that and told him that he knew ahont her bill and used bad and disgusting language and threw stones at him. He opened the store on Sunday morning at 8 o'clock, when she came, and he told her to go away ; she commenced flinging stones, tins, buckets, and a los? of wood, which smashed a keg of butter. He threw a bucket of water over her, and thought it would make her better as she was under the influence of drink. Defendant said there was some acid in this water and that it burned her dress. Thomas "Warder and Alexander Tompson corroborated the testimony of the former witnesses. Herman London was examined for the defence but his evidence in a great measure went to prove the plaintiff's case. Defendant said she was the mother of three children, and that this was cot up to keep her out of the money she alleged to be due to her, and that she took out a subpoena for Dr Bi uen but it had been served on Mr Bruun of the Caledonian.

The Magistrate said he did not see how that could affect the case; if he thought so he would adjourn it. He would not be doing his duty if he did not bind defendant over to keep the peace for three months, in two sureties of £2O each, with costs of the case.