RESIDENT MAGISTRATES COURT.
John Buchanan appeared to answer a charge, that he did on Wednesday the 28th. of June 1865, say to one Edward Spencer Curling, certain words, with intent to provoke the said Edward Spencer' Cualing to fight a duel with the said John.,Buchauan. The, Court expressed a wish that a compromise might be made. Mr Curling said that he did not speak the words that were the origin of the matter to Mr Buchanan. Mr Buchanan said that he had heard them, they could not be divested of a political aspectbeing almost apart of Council proceedings. The compromise not being effectad, the case wns allowed to proceed. E. S Curling said that on the evening in .questinu he in speaking to Mr Colenso of a recent public meeting, had used the word disgraceful, and had refused to explain his meaning to Mr Buchanan, wherupon that gentleman had challenged him to fight, using amongst other offensive words those of officer, militia, and pistols. Mr C’s statement was* (Oerr borated by Mr Tiffen, hy Capt. Carter except as to the word .pistols, by Mr Richardson and Mr Dolbel except as to the words, Officer and pistols.
Eor the defence, Mr Buchanan called Mr ■Colenso-who said he considered the fault to bo on Mr Curlings side, and that Mr B. had nojiutention of fighting, Mr B. did not use either of .the words, pistols, militia, or officer, Mr C’s statement was corroborated by Mr Stuart, and by Mr Edwards, each of whom must have heard the words, if they had been used, and who believed that the affair was hut a noisy altercation without any intention of provoking to fight. The Court Laving r. tired for twenty minutes, did not think the charge sustained, nor that any jury would i&nd -s verdict for the pluintitf,Hhe.case was consequently dismissed, Very great interest was taken in the case by the public, and the announcement was the signal for loud cheering.
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Hawke's Bay Times, Volume 6, Issue 2, 3 July 1865, Page 3
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327RESIDENT MAGISTRATES COURT. Hawke's Bay Times, Volume 6, Issue 2, 3 July 1865, Page 3
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