CITY POLICE COURT.

Evening Star, Issue 3214, 9 June 1873, Page 2

CITY POLICE COURT.

Monday, June 9. (Before his Worship the Mayor.)

AMUSING- ASSAULT CASE.

Breach of the Peace.— Jas. Henry Clayton appeared to answer an laid by John Graham, charging him with using threatening language in a public place, viz , in the Star newspaper office, with intent to provoke a breach of the peace. Mr Joyce defended. The following evidence was taken John Graham: On the nomination day I made some comments on the Star office, for refusing to insert an advertisement relative to some of my manuscripts, while they took some eight “ wanteda” from me at the same time. I commented pretty strongly on this conduct while at the hustings, my, 1

think any one is allowed to speak the tru|Ji at a public meeting,—His Worship ; will please confine yourself to the d&y time of the assault, and not hinge on dthpr matters.—Complainant: On the evening J went to the Star office and wanted to buyb paper, and there were a lot of runflers injb 3 shop at the time. Mesrgs Jago and Clayton were both there at the time, and he (P*®*' ing to Clayton) tbeqssifi, “You to speak about me and' this office, at the same time lifting Ms hand to strike m*. Jago then said something to him, and as I have a good temper when I know I can resort to the law, I went outside, so as not to provoke a breach of the peace. Subsequently I took legal advice on the subject, and, with the assistance of the clerk, looked up the— His Worship ; You must conHne yourself to the case. We cannot have the time of the Court wasted away in this manner. Graham : Well, I know that; I took out a summons and also a subpoena for Jago. —His Worship: That has nothing to do with the facts of the case.—Graham : Yes it has, your Worship; the clerk told me to deliver the subpoena myself.—His Worship: I do not want to know about delivering the subpoena.—Graham : It is requisite, your Worship, to show what was done. I went up to the office and asked if Jago was in, when he (referring to Clayton) again threatened to strike me, and 1 have therefore just cause to ask that he should be bound over to keep the peace towards all Her Majesty’sliege subjects. (Loud laughter.) That is exactly what was done.— Hig Worship: Did he shake his fist ia your face 7—Witness : Yes, your Worship. —By Mr Joyce: Are you a gentleman ? I believe I am ; I am standing for the Supe-in-tendency at all events.—(Laughter.)—Who were you referring to in your evidence, when you continually said he ? —I meant the gentleman there (pointing to the defendant.) —You have given your evidence gracefully; how did the quarrel origitmte?—lt origiby my going up with a penny and asking for a Star —We’ll go hick a day or two. —I was .there a day or two before with an advertisement which he refused to put ia. It was then taken to the Daily Times and' it was put in next morning. It Was as follows : “Wanted the Star to deliver at once, Mr Graham’s Manuscript, before steps are taken to recover." I then went to the Star office, and gave them this “ Wanted,” which they took “ Wanted known—See Graham’s peculiar ‘ Wanted ’ in the Times to-morrow.” I pai l for this, and got a receipt.—Then you got all you wanted ?—No ; I did not get my manuscript.—Did you t not, while at the hustings, say “that wee Jago and that thing of a clerk ?”—I did not refer to Jago, as 1 always treat him as a gentleman; but I may have said “that thing of a clerk.”—Who did, you refer to as “ that thing of a clerk ?”—I know a number of clerks I referred to defendant.—J. W. Jago, on being called, said he claimed.his expenses—His Worship : How much doyou claim?—-Haifa guinea?— Plaintiff: Is that the .usual fee ?—His Worship ; I don’t know. Mr Jago is a professional gentleman, and I should think he is entitled to 20s.—Plaintiff: Well, I know that when I was called on as a witness I was only paid 7s, and now I am an editor and a proprietor of a newspaper, and Jago is only a clerk and manager.—His Worship : It is no matter for mo to decide, witness wishes 10« fid expenses to be paid.—Witness : Then I request that it be pufc infco the poor-box.- He Was then examined by plaintiff as follows : You remember me calling at the Star office on the' ■night in question ?—I do -—Did I ask ;fdr a' pennyworth of knowledge? (laughter).— T do not think ■ you didl did not hear you. What was my object in coming .to the office?—l-do not know. Ara lin the habit of comingup for a pennyworth ’—You are in the habit of inserting advertisements. Did'this gentleman (meaning defendant) say anything to me!— Yes, something in reference to what had transpired that afternoon. I could not state what it was. Would you swear that .be did not attempt to strike me ?—I would not swear that he did; I believe he, called you a wretch ; I believe he lifted the counter to get at' you. What then did Ido ’—You ran back as far as you" could, ' I showed the white feather.—(Laughter.) 7 1 did not wish to mix myself with such proceedings, your Worship ; I depended upon-the justice of the Court. Would there not have been a row if I had not cleared out?—No; I would nob have, allowed it, This closed the plaintiff's case.—Mr Joyce said he would ask for a dismissal because there was no case to answer. The information should be dismissed, as the insulting words were not made use of in either a public City, place, or thoroughfare: it occurred in .the Star office.—Plaintiff: Well then I hold the Star office a public place in the sense of thei Act.—His Worship :I am inclined to think that a public place means ft place where anyone can enter without being refused admittance, for instance a publichouse ; but a newspaper office is not a public place. The case must fall on this ground.— Plaintiff: Are professional costs allowed. — His Worship: Do you apply for coats ?—Mr Joyce ; I do, your Worship.—The case was dismissed with professional costs (21s) and costs oi Court,

Drunkenness.— Jas. Henry was fined ss, With the usual alternative; Elizabeth Gray, 40s, or twenty-four hours*; Peter Chas. Adair, not appearing, was fined in’ the amount of his bail (40s), with the option of twenty-four hours’ imprisonment; Margaret Robinson was discharged with a caution. Fighting.— Alfred Graham, a Brogdenite, Was fined 20s ; in default of payment, fortyeight hours’ imprisonment with hard labor.