POLICE COURT.

Wanganui Herald, Volume XIX, Issue 5489, 8 December 1884, Page 2

POLICE COURT.

(Before R. Ward, Esq., 8.M.) Monday, Deo. B^h, ABVaiYU LANGUAGE Ryan v Morris.— This was a oaae of using abusive language with intent to commit abreach of the peace. The plaintiff is engineer on the lluia, and the defendant was a fireman. Plaintiff, and John Jgo fireman on tho Huia, gave evidence that the accused had gone down into the engine room, the worse of liquor and had used abusive language to the plaintiff. Defendant who did not appear was fined 40s or in default 7 days imprisonment. ' ASSAULT. JR. E, Eearse was charged by W. H, Watt with assaulting him on Monday, the Ist December. Mr J. Watt appeared for the informant, and Mr Barnicoat for the defendant. Mr Watt opened the case by stating that the result had arisen out of certain 'transactions in connection with the purchase of some pigs from a man named John Day, who had been drunk when he sold them to Kearae, W. H. Watt stated that he remembered Monday, Ist December, when he called at the defendant's shop in RWgway Street. He had found John Day in town tipsy, and heard that he had sold pigs to Mr Kearse at less than their vj&lue, and was ÜBing the money for drink. Remonstrated with Kearse for buying from Day when he was drunk, and Kearse aaid he was not drunk, Witnesß said he waa drunk, and Eearse replied that it was a lie, and threatened if the remark was " made again that he would strike witness, and when it was repeated he did 'strike him. Kearse ordered him away out of the shop, and witness went. Witness 'did not oall Eearse a liar, nor,,yet strike him. Ho (witness) was a J.P., and was 65 years of age. . By Mr Barnicoat— Had not known Eearse before. Did not think Eearse was a respectable man, W itness was not warm on the matter, but waß perfest'y cool at the time. Had said that Eearse bought the pig from John Day when he waa drunk, and Kearse threatened to strike him if the assertion was repeated, Witness repeated that it was quite true, a,d Eearse struck him. Day had sold a pig worth £2 for £1. Did not oall Kearee a swindler or scoundrel before ho was struck. Might have said eomethiqg of that sort afterwards. Did not make any offer to strike Eearse at all. . Patrick O'Connor, farmer at Tayfield, knew John Day, and remembered his coming to town some days ago. Day had some pigs on his place, which he (witness) valued at 308. Could not say what Day sold them at, nor yet when he sold them. By Mr Barnicoat — Could not say what the butchers' price for these pigs would have been. Richard Eearse, when called, was objected to by the counsel for the informant, bat the objection was over ruled, R. E. Eearse remembered Monday last, when Mr Watt came to his shop. On the Tuesday before that, he bought a pig from John Day for £1. He usually paid 3d pet lb for pigs, and this one weighed about 9Qlba, and witness gave Day £1 for it. Day was sober then, but came again when drunk to Bell another, which witness refused. On the Ist December Watt came with Day and accused witness of buying a pig from Day when he was drunk. Witness denied that Day was drunk, and Watt said this was a lie, Witness showed him his book, and then Watt said he did not care for the book, that Day was drunk. Told Watt that the least he could do was to be oivil, aa ■ he (witness) did not know what Watt had to do with it. Watt said he would show him that he had something to do with it. Had an argument about the value of the pig, and then ordered Watt out of the shop, telling him that if he (Watt) bad been a younger man he would have thrown him out. With that, Watt called him a liar, swindler, and scoundrel, and struck him on the mouth -with, his fist. Witness then struck Watt, and put him out. Owned to being hasty then, but was sure that he (witness) was struck first by Watt* Had thought of summonsing Watt. By Mr Watt through the Bench— His two men were in the shop, besides John Day, and Mr Campbell was outside the shop.' They could all see and hear what took place. Did not remember putting any of the men aside to get at Watt. Watt refused to go out of the shop at first, and did not go out until witness took him by the shoulders and pushed him out. Could not say whether -Watt's hat fell off or not ; did not see any of his men pick up Watt's hat. Joseph Dickenson, in the employ of- Mr Eearse, remembered Mr Watt going to the shop with Mr Day about five in the after* noon of the lsto Mr Watt found fault with Eearse for buying a pig from a man when he waa drunk. Eearse denied that he was drunk ; Watt said he was ; Eearse denied it again, and Watt said he was a liar, and Eearse then repled that Watt waa the liar. Watt struck Kearse, and Eearse struck back. Watt dropped his keys, and Kearse picked them up, handed them to Watt, and then put him out. Was certain that Watt struck 'first. By Mr Watt — No one was pushed aside whon the accused struck out. Was certain that Watt called Eearse names, and that he struck Eearse, Watt's hat came off, and witness picked it up. John Day remembered going with Mr Watt to Mr Kearae's shop on the Ist December, Had previously sold Eearse a pig for £1* Had been standing outside a saddler's shop when Mr Watt met him, and asked what he was doing in town. Witness told him that he was doing business with Eearse, and Mr Watt took him into Kearse's, and then told Kearse that he had no right to buy a pig from witness because he was drunk. Watt called Eearse a liar and swindler, and struck him. They had some words, and then Watt left the shop. By Mr Watt — Had Bold Kearse a pig for £1. Had received 10s from Kearse on the 25th November, and the balance waa due to Kearse for meat he had received at different times, ■ Had a slight recollection of asking Kearse to buy a second pig, but Kearso re* fused to do so. Did not receive 10s at one time, received 5s on the 25th, and got the amount at different times, Did not pat the date down, but knew he had reoeiyed it. Was not intoxioated when he went with Mr I Watt, but could not remember what night it was. Thomas Keawo oorrobrated the evidence I of Dickenson. By Mr Watt — Was sure he heard Mr Watt oall Eearse a liar and swindler. , ; W. Campbell, plumber, waa opposite Eearße's shop on the first December, when Mr Watt told Eearse that he had not given I fair value for something. Watt repeated | that it was not fair value, and that Mr Kearse was a liar. Mr Watt struok Kearse, and Kearse closed on him and put him out. Watt was excited at the time, and witness considered him the worse for liquor. Watt struck Eearse on the mouth. By Mr Watt— Was sure that he heard I Watt call Kearse a liar ; was on the other side of the street all the time. Kearse ordered Watt out of the shop twice, but he refused to .so, and it was on the second occasion that Watt struck Kearee. Mr Walter Armstrong passed by at the time, and said they were having it hot. Heard Watt tell Kearse he was a liar and a scoundrel, but did not hear Watt use the word swindler. G-, W. Small, farmer, said he had been in Kearse's shop when Day wanted to aril Kearse a pig. Kearse refused to deal with him, as he was not sober. Witness thought that although Day had been drinkipg, he was sober enough to do business. By Mr Watt— This waa on the 29th November, and he supposed this was the seoond pig, as Day Baid he had sold one. Richard Kearse, re-called— The first pig was Tifaaght on Tuesday, the 26th November, nWfe evening. The 10s was made up by allowing for a quantity of meat owing for, and money on aooount. By Mr Watt— Had made entries m his book, as he made Day payments on aooount. Did not pay Mrs Day any money on aooount of John Day, The R.M. considered it a pity the ease had gone into Court, and diimiased the charge. Mr Barnicoat applied for costs of four witnesses and counsel's fee* which were allowed. The Court then adjourned.