MAGISTRATE'S COURT.

Woodville Examiner, Volume XXV, Issue 4355, 9 June 1909, Page 2

MAGISTRATE'S COURT.

MONDAY" AFTERNOON,

(Before Messrs J. Harris and P H. Lynch, Justices).

A couple of our distinguished townsmen were in attendance at the Court on Monday about 3 o’clock for the purpose of explaining matters generally, when Wm. Paterson and Jim Smith were charged with breaking the peace into little bits in Vogel street last Friday morning. Mr Gothard appeared for Smith. Constable Mahoney gave evidence as to there being a row between the two defendants outside Scorgie and Go’s shop. Paterson gave evidence that it was all Smith’s fault, and Smith deposed that he had been as good as gold but that Paterson was worse than bad coppers. W. McCabe deposed that he was talking to Mr Funke on the day in question, and heard Paterson say “that thing”; hoard Smith say, “if you say that again I’ll punch you.” Walked away and saw no quarelling. Thought Paterson was the first cause of the trouble; thought he provoked Smith. Cross-examined by Constable O’Halleran —The only actual threat he heard was bv Smith.

C. H. Funke deposed that Mr McCabe and he were chatting. Mr McCabe said, “perhaps Jimmy is the father,” when Paterson came up and said “that thing.” Witness walked inside and saw no row, but thought Paterson’s language sufficient to provoke Smith.

Cross-examined Smith told Paterson to “go away .and get more brains.” They were both disorderly. Mr Gothard pleaded that Smith had been provoked, and stated that he had never struck Paterson.

The Bench dismissed the charge against Smith, and fined Paterson 5s and costs.