MAGISTRATES' COURTS.

Globe, Volume XXI, Issue 1735, 11 September 1879, Page 2

MAGISTRATES' COURTS.

OHRISTCHTJROH. THURSDAY, SBPTEMBB 11.

TBefore G. L. Mellieh, Bag., R.M., O. G. Parker and F. 0. de Malot, iSaqs., J.P's.] Obscene Language. John Foster was charged with being drunk and disorderly, using obscene language in the public street, and resisting Sergeant Morice in the execution of his duty. All three offences were admitted, the defendant stating it was all owing to the flour. A fine of 20s was inflicted. Inciting to Resist thjh Polios.—Rich. Smith, William Chamberlain,. Thomas Poole, John Toon, and John Calvert were charged with inciting to resist the police in the execution of their duty. Superintendent Broham deposed that when the doors of the Oddfellows' Hall were opened to make preparations for the evening performance of the Opera Company it was rushed by the crowd. The hall being cleared, the crowd commenced to throw stones, and, being dispersed, assembled at the Bank of New Zealand corner, where they again commenced throwing stones and acting in a. riotous manner. John Toon was one of the ringleaders,,and he was arrested and taken to the depot. Constable Trevelyan gave evidence as to his arresting the prisoner Smith about fiVe o'clock in High street for shouting and inciting the crowd to violence. Similar evidence was given as to the conduct of Chamberlain and Poole who were hooting and yelling and inciticg the crowd to resist the police. Constable Cleary said he arrested Thomas Poole in Lichfield street for oryiag out, " Rush the b police, we won't let> him take the prisoner," and enoouraging. the crowd to violence. Inspector Hickson. said that Poole wasone of the foremost in shouting and yelling,, and inciting the crowd to. rescue the first pr;i aoner arrested. He was one of the meet riotous in the crowd, and was very violent when arrested, kicking and resisting the poZiae. Witness waa very surprised at seeing the prisoner behaving himselS in such a manner,, as hitherto ho had. taken, him to be a reapeot;, able citizen. He was not drunk. Sergeant Morice eiated that he never saw anji one behave more violently than Poole did ai't3r he was arre&bad. This.evidence wasjeorrobiwhed by another constable. utterly denied having behaved in a disorderly manner, and laid the blame, on the police whom, he said were stating a series of untruthß. The priBone? Toon, in. hiß defence, said he only regarded what had taken place i s, aa oidii a-y election "lark." Smith stated he had only left his " missus" a few minutes, when he found himself locked up, and Calvert protested his innocence of any participation in the riotous, proceedings. Bia Worship said this was the first occasion on which any serious disturbances had arisen at an election time. Some license was usual on these_ occasions, but it had been far exceeded in this instanoe. Smith, Chamberlain, and Calvert, beyond behaving in a very schoolboyish, foolish sort of way, had not been guilty of any very violent conduct, the circumstances if th» occtiion being considered. Taking a very lenient view of the matter, the charge as against them .would be dismissed. The_pri«oner Toon had "been led away by exoitem'&nt in inoiting the crowd to violence when the stone throwing

commenced. He ought to hare known better, especially when he saw a man knocked down. He would be fined 20s. The Bench characterised the conduct of Poole as the worst of the whole lot. Inspector Hickson, Sergeant Morice, and the other witnesses had satisfactorily prored beyond a doubt that he had been systematically disorderly from the first. He would be fined 40s. Riotous Bbhatioub. —William Burnside, Samuel Faulkner, Richard Smith, William Chamberlain, William Cleary, Charles Prin, John Andrews. Thomas Poole, William Buckley, John Poster, John Toon, and John Calvert were charged with behaving so as to provoke a breach of the peace, whereby a crowd was caused to collect in the public street. The offence was admitted in each instance, with the exception of Burnside and Andrews. The evidence of Sergeant Morice and Constable Q-afney havisg been taken, the Bench took the same lenient view as in the other oases, and the defendants were discharged with a caution.