RESIDENT MAGISTRATE'S COURT. AHAURA.

Grey River Argus, Volume XII, Issue 1307, 7 October 1872, Page 2

RESIDENT MAGISTRATE'S COURT. AHAURA.

Fbiday, October 4. (Before C. Whitefoord, Esq., 8.M.) J. D. Pinkerton and John Macdonald were, on three separate complaints, sum moned for breaches of the Police Ordinance. Mr Staite appeared for the defendant Pinkerton ; there was no appearance of M'Donald. The informations were laid by Constable T. Ollivierj who said that on the 2nd October, between. 9 and 10 o'clock, a disturbance took place at the bar of the Star Hotel, of which one of the defendants is the landlord. The defendants had some words about a raffle for a nugget, and Pinkerton or-; dered Macdonald out of the , house. Macdonald went out and said something about fighting, when Pinkerton said, "If you want a fight, I'll fight you," and went out, after taking off his coat, "to where Macdonald was standing in the street. The Witness said he went between the parties to prevent a breach of the peace. Pinkerton went into his house, and Macdonald was taken away by his friends. In cross-examination by ; Sergeant Goodall, the witness said that Macdonald did not seem anxious to fight until Pinkerton used language calculated to provoke him. Pinkerton did not call upon the witness. to eject Macdonald. This was the groundwork of the principal charge of being guilty of language and behaviour in a public place calculated to provoke a breach of the peace. The con- ; stable continued, and said that after thedisturbance the defendant Pinkerton used, the words complained of in the second count of the indictment in one of the sitting-rooms of the hotel. An argument, took place as to whether this room was & "-public place" within the meaning of the Act. The Bench ruled that, as the language could be heard by persons passing i in the street, the ".private room" was a public place. The constable said the, defendant called him a "skunk" aud •other opprobrious epithets. The other: charge was that both defendants were intoxicated. ' In cross-examination by Mr Staite, the constable said that; he wasaware that Pinkerton had lodged—certain charges against him with his superior officer. Macdonald's dress was not in'an indecent condition when the disturbance took place. Pinkerton asked him <to arrest Macdonald, but he declined to do so unless the man was given in charge by the landlord. If Macdonald had been acting indecently or misbehaving himself . he would have taken him in charge. Part of the language charged against Pinkerton was usedj because he (the witness) would not arrest Macdonald. Would swear Pinkerton was drunk when he took off his coat to fight M'Donald. Dr Phillips said he was in the sittingroom with Constable Ollivier when the. disturbance took place at the bar. Heard Pinkerton say he was not going to be insulted in his, own house. Pinkerton came into the room with his coat off, and requested Ollivier to take a man. in charge. Heard Mrs Pinkerton ask the constable to remove M'Donald. Pinkerton was excited, but not drunk. In answer to a question by the Bench, the witness said he could not remember any of the language used on the occasion, and that he was perfectly clear about the ■de-'j fendant (Pinkerton) being sober. John Rankin was called, but his evidence did Tior»iecii"tne:cpe~Tnrcross^exaurtnation r this witness said he saw Pinkerton before and after the disturbance, and he was perfectly sober. On being, pressed by Sergeant Goodall as to his de&nition of sobriety, the witness- said, he played billiards, with Pinkerton on that evening, and he (Pinkerton) was sober enough then to "lamb him down," which he did. ' The evidence of . David Mackay, Edward Clarke, and John Davidson was taken for the prosecution. l The last witness said he saw the quarrel from Hamilton's corner ; he heard M'Donald call Pinkerton "a cur," arid challenge him to fight; Pinkerton said he would fight, and . took off his coat. He also heard Pinkerton ask the constable to take the man in charge. Sergeant Goodall said the charges against the defendant Piukerton were not brought in consequence of his having .reported .Constable' Ollivier for neglect of duty. The summonses were made out, but not served,' before the charges against the constable were made. The defence for Pinkerton was a total denial of the charge of drunkenness, and an allegation that he called upon the constable to remove the man frqtn his house, after he had misconducted himself. The constable refused to do so, and if he (the defendant) committed himself afterwards it was while performing the constable's duty. Tl»es evidence of H. Wick; George Harrison, James Milne, Robert Russell, Hugh Allison, Robert Pownall, was taken. These witnesses saw Pinkerton at intervals from seven o'clock in the evening till three* o'clock on the. following monjng, and they all denied that the defendant was the worse for $quqr. The Magistrate, in giving judgment, said the charge of drunkenness would be dismissed. . The second charge, which depended a good deal on the technical definition of what constituted a public place, was not'sustained and would be dismissed. The pharge qf using insulting words— behaviour calculated to provoke a breaqh of . the peacer-was Btrongly supported by the evidence. The witness Davidson saw the affair from a distance, and he was apparently a disinterested witness. \t was nqceasary that holders of publican licenses should at all times keep the peace, and if the constable failed to perform' his duty, his superior officer should be applied to. Each of the defendants would be fined 40a, and pay the costs between them. A warrant was ordered to issue for . the arrest of M'Donald. : William Dargan was charged with being of unsound mind. Dr. Phillips said he examined the accused the day before, and from the result of his examination and prpvious professional knowledge of the accused, he was qf opinion he was not fit to be at large. Mr Staite requested the Court to direct Dr. Phillips to examine , the man again before any further proceedings were taken. Sergeant Goodall said the accused could not be incjncipd'tq comja into, Court, and it would require force to bring him there. Dr Phillips, on being recalled, said he had again seen the - accused, and he was still of opinion that it was necessary to place him under restraint/ The accused was remanded to Greymoufch for further medical evidence.