Untitled

Cromwell Argus, Volume V, Issue 249, 18 August 1874, Page 6

Saturday, August 15,

Tn the case heard last week of Ellen Doyle v. Goodger, the Magistrate said he had considered Mr Cowan's application for plaintiffs expenses, and was of opinion that, Mr Cowan having accepted the money paid into Court as payment in full, had thereby taken the case out of Court. He must therefore refuse the application. In the case of Police v. Wilson, charge of keeping an unregistered dog, Mr Simpson said he would allow the case to be withdrawn. He was firmly of opinion that registration by the Town Clerk of dogs, the owners of which resided outside the municipality, was bad. Sergeant Cassels said the dog was still unregistered, a~d the Magistrate suggested that an exchange of certificates should take place, the Town Clerk handing over the fee he had received to the district collector.

Corse v. Mrs Goodger. —Mr Simpson said he was of opinion that an actual breach or an intent to create a breach must be proved. The question therefore was whether the language used was proof of intent. There was not the slightest evidence of any act en the part of defendant, or any particular manner, which could prove an intent. Reviewing the epithets, he said had they been addressed by one man to another, very probably a breach of the peace ha- 1 been provoked ; but Dr Corse had not conveyed the idea of wishing to strike Mrs Goodger. Had her husband, who was present, interfered, that might have been proof of intent on her part to cause a breach of the peace. The only language which in his opinion came, to a certain degree, within the meaning of the Act, was, ''How dare he put his foot over her threshold." It appeared to be an interrogation. On the whole, thei-e was an intent in accordance with the meaning of the Act. Mr Wilson said he would now, therefore, bring evidence for the defence, and called G. W. Goodger, who stated that the whole dispute occupied only from half to three-quarters of a minute in time. When Mrs Goodger came into the room, she made some remark about Dr Corse having refused medicine. The doctor contradicted her, and this caused her to become somewhat excited. Would swear Mrs Goodger never made use of the words, "d—d scoundrel;" and would deny that she stood on the doorstep abusing Dr Corse. Might have called him an impostor, and did ask him how he dared put his foot over the threshold of her door. To the best of his belief, a "jellybag" was the worst epithet she bestowed on him. Had heard Dr Corse and Mrs Goodger have many a greater row, and nothing ever came of it.

The Magistrate said the case had been made a great deal more of than was necessary; too much of altogether, in fact. The defendant would be fined 205., and costs of Court. No witnesses' expenses would be allowed.