POLICE COURT.

Wellington Independent, Volume XXVI, Issue 3321, 17 October 1871, Page 2

POLICE COURT.

Monday, October 16. (Before J. 0. Crawford, Esq. B.M. j and D. Lewis, Esq, J.P.) ASSAULT. Thomas Can* was charged with having as* saulted and beaten Wm. M'Lean on Saturday last;. His Worship : What do you say to thif charge, Mr Carr ? Dr Carr : I admit that I tweaked his nose, but I did not assault and beat him. His Worship : That is a plea of not guilty. We will go on with the case. I William M'Lean, the prosecutor, deposed lam a clothier, in Willis street. About the middle of the week the defendant came into ray shop, and purchased a pair of kid gloves* On Saturday last he returned to the shop, complaing that the gloves were the wrong I size. Saw that he was in a very exoited state j he was greatly excited, and inolined to create a disturbance. He told me I must have made a mistake in the gloves he had purchased ; that I must have given him the wrong size. When he purchased the gloves he asked foff BJ, and I was very careful in giving him the proper size. When he came back ho com» plained that the gloves did not fit him. He said he wanted BJ, the same as his old gloves ; but I saw that the old gloves were 9's. He wanted me to pay for a pair of gloves that he said he would like to buy at another draper's shop. I was very careful what I said to him* I gaye him no cause to become excited ; I did not insult him in the slightest way. He said he would go to law about it, and I told him that was the best thing he could do. He said, " What's that you cay," and immediately grasped at my face, got hold of me by the nose, and forced me against the fixtures at the back of the counter. The vioience of his grip swelled my upper lip. I immediately went; out to look for a policeman, and met the Inspector of Polioe. Inspector Atcheson : Has he ercr threatened you before ? Witness : He had been in my place once before, and said he would call and purchase ft ; pair of gloves during the week. He called again on Saturday when I was out, and used foul and disgraceful language. That was before the assault. Dr Carr : The witness says I used disgrace* ful language, your Worship 5 I must have the exact words. His Worship : Do you wish to ask the wit« ness any question ? Dr Carr (to the witness) : You said I used foul language ; I should like you to Bfcate ex* actly the language I used. Witnoss : • I don't remember the exact words. Dr Carr : When I went to your shop to purchase the gloves did I not ask you for 8J? Witness : Yes, and I gave you a pair th© size you asked for. Dr Carr : Did I not call back to your shop and tell you that they were not the proper sized gloves ? Witness : You did. Dr Carr : Did I not toll you that I had been in the habit of wearing BJ, and that the gloves bought from you should fit me ? Witness : You did. Dr Carr : Did you not say that if the gloves were 8J they would fit me in a day or two? Witness : I don't remember. Dr C&tr : Did I not tell you that the number on the gloves was so obscure that I could not tell what the size of the gloves was ? Witness : No. Dr Carr : Did the gloves seem to fit ? Witness : I cannot say. Dr Carr : Did I have to go to another shop for a pair of olore?J? Witness: I don't know; you wanted to bounce me into paying for another pair. Dr Carr : Did I not ask you to take back the gloves and give me my money P Witness : No. Dr Carr : You say that your lip was swollen? Witness : Yes. Dr Carr : When I nipped you by the nose did the water come into your eyes ? Witness : No. Dr Carr : Of course you deny that you sp >ke to me in a most uncivil manner P Witnees : I did not speak to you in an uncivil manner j on the oontrary, I spoke to you most civilly. Dr Carr : Your Worship, I have nothing more to say to this fellow — this person. William Gray, inspeotor of the post-offioe department, was next examined, and deposed : When I was going home on Saturday last I went into Mr MLoan'a shop to make a purchase. Dr Carr was then at the counter talking to Mr M'Lean. I was under the impreseion that he was making a purchase, bo I went to the other counter to allow him to finish his business, when I discovered that tbere was an altercation going on about a pair of gloves. I heard Mr M'Lean Bay it was all nonsense to talk .'about law, but perhaps it would be the best thing ho could do, and then I saw Dr Carr lean across the counter and pull Mr M'Lean'a nose. Inepector Atoheson : Did you see or hear Mr M'Lean give any provocation ? Witness : Certainly not ; I think Mr M'Lean was very patient under the circum« stances. Inspector Atoheson : Did Dr Carr appear excited ? Witness : I could not cay ; his baolifVfl^ turned to bqd. *■ Inspeotor Atcheson: Did you afterwards see marks on Mr M'Lean's nose? Witness : I saw that his nose was rod. His Worship : Did you hear any previoui conversation P Witness : No } the affair 'was nearly over when I got in. Dr Carr : Were fyou in Mr M'Lean's shop when I went to purchase the pair of gloves f Witness : So. Dr Carr : Did you hear me say that thl gloves would not fit me P His Worship : The witness has already told you that he did ccc the whole of the affair. Dr Carr : I beg your pardon } the asfliul was so quickly done that he must hare bees

in the shop, if ho bhw it at all. [To the witness] Pid I use any foul language ? Witness : I did not hear any ; the dispute ■was nearly over when I went into the shop. Richard White, examined : I remember Saturday last. I waß iv Mr M/Lean'a shop vrhon the defendant came in in an excited Btato, and he and Mr M'Lenu had an altercation about some gloves. Defendant commenced bouncing and swearing. Ho was saying " Damn," and walking about the shop damning ; he spoke so fast that I could not make out what he said. He commenced saying something about law, and Mr M'Lean told him he could go to law if ho liked, when all of a sudden he caught hold of Mr M'Lean and forced him over on the other 6ide of the counter against the clothes. I then saw marks on Mr M'Lean's nose. Dr Carr : Were you present during the whole of the affair ? It is very remarkablo that jou can remember so much in detail against my case, and co much in favor of Mr M'Lean. Can you romctnbor what I said. Witness : Yes ; you came into tho shop in a very bouncing way — your usual way, I believe. Dr Carr : Do you remember whether I made use of any foul language ? Witness : No j I remember nothing of that kind. Dr Carr t Swearing implies vulgarity. I should like you to state to the Court what I did say. Witness : I have already done so. Dr Carr ; Do you remember when I got hold of Mr M'Lean's nose if I tweaked it very hard. Witness : I don't know, but I should not like you to have hold of my nose as you had hold of his. Dr Carr : Did Mr M'Lean seem very much hurt, ? Witness : His lip was swelled up. Dr Carr : Were the marks plainly to be Been? Witness : You could see them yourself if you liked. Dr Carr : What part of tho nose were the marks on ? Witness : Not down at the bottom. Dr Carr : I should like your Worship, as the witness does not seem inclined to describe the marks, to make him do so. Witness : It was in the middle of the nose, of course. Dr Carr : Do you remember that I wont out of the shop to get another pair of gloves ? Witness : I don't know anything about that at all. Dr Carr : Did I beg of Mr M'Lean to give me my money back that I had given him for the gloves ? Witness : I think you did. Dr Carr : Oh, then you have a faint remembrance of my asking him to take tho gloves and return the money P Witness : I cannot say exactly what took place. I heard something about money, but it did not concern me. Dr CaiT, in defence eaid : On Saturday week I bought a pair of gloves from Mr M'Leau, for which I paid sa. About; an hour or two afterwards I called on Mr M'Lean and told him the gloves would not fit me ; that they would only go over tho bar of my hand. Mr M'Leon said they were B|, and I went away. In passing up Cuba street I called upon Mr M'Lean's brother. I asked him what Bize the gloves were, telling him that I had bought them for BJ. He said they were not B£, saying also that the number of tho gloves appeared to have been tampered with. I again called upon Mr M'Lean at his shop, but ho was not at home. I told his assistant to tell him that the gloves were nob 8J ; that they would not fit me at all. I did not call again until Saturday last. There were three or four gentlemen in the shop when I went in. I did not say that he was uncivil ; it was his excessive obsequiousness I objected to. He inBisted upon assuring me that I was wrong about the number of the gloves. I eaid "Mr M'Lean, you will not make me believe these gloves fit me," and he saw they did not. They were like small ladies' gloves, and yet he would insist that the gloves were all rijjht, and that I was wrong. Of course I got excited, because my experience was sufficient to tell me that the gloves were not tho right size. I then said "Mr M'Lean I will go to another shop and get a pair of B^'s, and if they fit me that should bo sufficient to prove to you that your gloves were the wrong size." I then went to another shop and go*; a pair of 8£ and they, fitted me well enough. The number was plain enough on them, B|-, I then went back to Mr M'Lean's shop and showed him the gloves. I put them on and there was plenty of room. His gloves would not fit me, while tho others would, and I inferred from that that he had not given me the proper size. He still insisted that the gloves were ull right, and that I had not taken pains to make them fife. I was so much irritated by this persistency that I committed the assault j that is to say, I tweaked his nose. I appeal to your Worship, if I had used any violence would it nob be perceptible at the present time. Tho shop was bo Email that I could not do him much harm, I did not intend to hurt him, your Worship. If I did wish to do so I ehould have boxed his ears, and I am quite sure you would have seen the mark this morning. Looking at the difference between vs — between a man like him and a strong man like myself, if I had attempted to hurt him I should have huvb him very much. But I expect, when I pay 5s for a pair of gloves, to get a proper pair, especially when Igo to another shop and get a pair that fitted me properly for 4s 6d. I deny that I used any vulgar language. I used an expression to the effect " That it was damned annoying that a man had to pay 5s for a pair of gloves here and then not get a pair to fit him properly." Ido not say that I was justified in using that expression, and I amgsorry that I did use it, but I submit that I received a great amount of provocation. Your Worship will see that a man may provoke another, not by his insolence but by his very insignificance, obsequiousness, his potty impudence. Inspector Atchcaon : I beg to draw the attention of tho Bench to tho fact that Mr M'Lean is one of the most inoffensive, quiet, storekeepers in the town. Dr Carr : I have to complain of the conduct of Mr Atcheson, your Worship. His manner has been most objectionable towards me. I never knew an officer of the court to be permitted such liberties as ho has thought fit to take. His Worship : It is a monstrous thing that a respectable tradesman cannot carry on his business without having his nose tweaked. The assault was not a very violent one, but showed a great want of respect for the usages of society, and was of a character that must be put down. You are fined £5 and costs ; in default of payment to be sentenced to one calendar month. LABCENY, James Walden was charged by William Fraser with having stolen a parcel containing a pair of slippers and a pair of boots, valued at Bs. The prosecutor and the apprehending constable having been examined, the evidence was deemed insufficient to sustain a conviction, and the charge was dismissed. ASSAULTING A CONSTABLE. This case was one arising out of the previous one. Constable Gwynne deposed that after he arrested the prisoner, and took the boots from him, he requested lo be allowed to go to tho rear of tho house. He was allowed to go, and then let loose a big dog and set it on to witness; He then pulled a paling, about five or six feet long, off the fence, and made a blow at witness's head. He received tho blow on his head, and was then suffering from the effects. The prisoner then struck him on fc he shoulder and smashed the paling. Ho had been drinking, but walked steady enough. His Worship said the offence was a very ecioui ono, but for the sake of the prisoner and of his father, un old resident, [the fine would be only 10s and costs.

PUKIOUS RIDING. William Chapman waa fined 40s for this offence. THEEATENINGf- LANGUAGE. Thomas Carr wag again brought up, charged with using threatening language ; the charge in the present case arising out of the circumstances of the former one, in which the defendant and Mr M'Lean were concerned. Mr M'Lean deposed that after he left the Court ho went home, and a minate or two afterwards Dr Carr came in and asked him if he was satisfied. He said witness was a low, mean, hound, a d d hound, a contemptible hound. Witness ordered him out of the shop, and told him he did not want him coming interfering with him at all. In consequence of his threats, witness was afraid he i would receive some bodily harm. There was another person iv the shop at the time, or witness thought ho would have done something to him then. Witness wished to see him bound over to keep the peace. Cross-examined by Mr Travers : Ho used no threat, but I fear that he intends to do me some harm. — Defendant stood in the centre of the shop, witness being in front of the counter. It was merely on account of defendant's exoiteability that ho had that fear. There was no threat made ; merely the abusive language. Ho came to witness' store to create a disturbance, in consequence of which he was in fear of bodily hnrm. The witness White was again examined, and corroborated the evidence of the previous witness. Mr Travers submittod that there was no reason to bind Carr over to keep the peace. Although he' used abusive language, there was nothing to justify M'Lean in adopting the present course. Carr simply appeared angry on account of an action having beon laid against him. A caution to keep his temper would bo sufficient to meofc the casa. His Worship said that considering tho facto of the previous case heard between the par- I ties, the Bench had no alternative but to bind the defendant over to keep tho peace for six months in the sum of £20, and two sureties of £20 each. LARRIKINS. A string of boys, ranging from ten to fourteen years old, were brought up, charged with having conducted themselves in a disorderly j manner in the public streets. Mr J. G. Allen appeared for some of the boys. Sergt. I .Ready said that on the evening of Monday, the 9th instant, about fifteen or twenty boys J were shouting and screaming out. They were pelting a man named Grant, from Maknra. He recognised M'JTane, Hughes, Smith, M'llroy, and Gearey. He had gone after them. All the boys ran away in different directions. Under cross-examination by Mr Allan, the sergeant said he watched them for a quarter of an hour. Tho boys might have been larking, but he called it disorderly conduct. The man whom they were chasing had not laid auy information. He did not cuteh the little ones. He had not tackled the larger ones. Charles Deihl, a boy, identified some of the lads, and said he saw them playing about in Molesworfch street. Parsonage told him he would " warm him" if he told all ho knew. Robert Craig, whe began to cry furiously when he was put in tho box, identified some of the boys as those who had thrown flour and water over a man. In reply to Mr Allan, this witness said he was with them, but he had not thrown any flour — oh no ! James Williamson identified somo of the boys. This witness also said he was with the boys enjoying the fun j he admitted to having thrown water. This was the case. Mr Allan contended that had tho man who had been assaulted laid information he could have understood it, l)ut he did not see what case there was. The boys had been larking and playing. Parsonage, M'Kano, and Geary were fined ten shillings each, costs to be divided among them. The rest of tho boys were dismissed with a caution. GREENFIELD V WELLINGTON MUTUAL INVESTMENT SOCIETY. An action by the trustee of an estate in bankruptcy for the recovery of the value of shares in the company s&ld by the wife of the bankrupt. _ Mr Buckley, for the defendants, took a preliminary objection to the proceedings on tho ground that, as far as the suit waa concerned, there was no such comoany as the Mutual Investment Company. The Building and Land Societies Act of 1866 distinctly laid it down that the treasurer of the society must be sued, under certain conditions, stipulating also that a similar provision must be made with the rules of the society. The 15th section of the rules of the society distinctly set forth that matters of the kind must be settled by arbitration before two Justices of the Peace. Therefore the plaintiff in tho present case was in similar circumttauces. It was open to MiGreenfield to call a meeting of the society or settle the matter by urbitration, and in either case tho defendants were quite willing to abide by the decision arrived at. As the point raised was a new one, the Court took time to consider, the oase being adjourned until Thursday. CIVIL. A number of small debt cases were heard, and the Court adjourned.