RESIDENT MAGISTRATE’S COURT.

Hawke's Bay Times, Volume IX, Issue 453, 14 February 1867, Page 2

RESIDENT MAGISTRATE’S COURT.

Friday, Btu February. ' [Before John Curling, Esq., R.M., H. S. Tifi fen, Esq., J.P.,aud G. S. Cooper, Esq., RM.J ! abusive language. Edward Lystee Green made application ttiat J. 13. Buchanan should be bound over to keep the peace. He deposedOn Saturday afternoon last 1 seut a policcmaa to flirs. Frances paddocit to get my horse. lie returned without it, aud said Mrs. France refused to give it up unless she received £•>. I went to the Spit, where I inspector Rcnllv and asked his advice. _ lie said 1« knew Mrs. France very well, and that he would explain [matters, and was quite sure^ he would get the horse- I accompanied him to Mr*. France’s house, ami remained behind him. while he knocked. Mrs. France came to the door. Inspector bculhv explained the object of his visit, and gave her hi* word of honor that the money would be paid to her. I went to the door to speak to her myselfi, and was confronted by Captain Buchanan, in his shirt sleeves. He came to the door more like a madman than a sane being. Mr. Buchanan; That is scarcely evidence, yourWorship. The Bench considered that Major Green wasquite able to judge. ... Witness continued - Defendant first flew at Inspector Scully, using the' most offensive lau—guage. Mr. Buchanan : State the language. Witness: With an oath, he said, “ You, Serjeant Scully, you have come here under the cloak of duty to bully this poor woman into giving up property which she has every right to defend. 11l take good care I don’t allow it to go.’* Mrs. France went away, aud I tried to reason with Captain Buchanan. He replied, “ No, I’ll see you ; you came here with a Serjeant of police to bully this woman into giving up her property.” I denied that Inspector Scully had come for any such purpose, and told him that what he said was Use. He told me that 1 lied, keeping two paces inside the house at the same time. An altercation then took place, which was ended by Captain Buchanan slamming the door in our faces, saying to me at the same time, “ You are a liar; you may go to to get your property.” I don’t wish him bound over takeep the peace. The Court; That was what you applied for. What do you want ? Witness: I wish the Court to take steps to expose his conduct. The Court: Do you wish a penalty to be inflicted?

The 'witness, after some hesitation, replied, No,, I wish him bound over to keep the peace. The Court; You don’t seem to brow your own mind. Are you afraid of a repetition of such conduct. Witness: No. Tire Court: Then why did yon apply for hitrn to he hound over ?

Witness : Because I felt certain that, should I meet liira again, he w ould abuse me-in-a similar manner.

Mr. Buchanan:; What time did the altercationoccupy P Witness: From 20 to 25 minutes. 1 cannot swear to the time, but that is a near appro\ima j| tion. V

Inspector Scully deposed : On Saturday afternoon I saw .Major Green, and he told me that liehad a horse in .Mrs. France’s paddock, winch she would not let him have.. I said I knew Mrs.. France, and would persuade her to let him have it.. We went to her house, knocked at the door; and she came. She told me she would not give it up without I gave her £2. 1 offered to he responsible for the money, and was about to go and get the horse, when Mr. Buchanan appeared. He told Major Green that he had come with the Serjeant of I’olice to bully Mrs. France out of the horse. He afterwards culled Major Green a liar. The last thing lie did was to slam the door in our faces, saving to Major Green, “You he Mr. Buchanan; How long did the altercation last ? Witness; From two to four minutes, certainly not more. Mr. Buchanan: Did I cross the threshold? Witness: Yon pressed forward. Mr. Buchanan-: Did I use any threatening, gesture P Witness : Indeed you did. Mr. Buchanan ; What was-it ? The witness imitated the threatening gesture., Mr. Buchanan ; This case has arisen out of those unfortunate differences which have taken place between Mr. and Mrs. France. There harm been base and disreputable insinuations made which, under cover of the character of a witness in that Court

The Court: If you use such language vve shall put a stop to your speaking. Base and disreputable insinuations are not terms to apply to evidence taken in this Court.

Mr. Buchanan : And which no one would have dared to make in any other. The sheet of evidence which lies on that table is a disgrace to any man who professes to have won a pair- of spurs m Her Majesty’s service. After sending a policeman to the house, this person- brought the Inspector at Police, and was it not a natural inference that ho had brought him to overawe and intimidate ? The Inspector did not say he had come in a private capacity—did not strip himself of his official character. I heard him say, “Oh, Mrs. Prance, I have come about the horse ; you have no right to detain it you know. Major Green is a gentleman, and will pay you.” I said, “ A pretty gentleman yon are, to come with the Inspector of Police to. bully a woman.” He said, “It is false.” I said, “If you say that, you are a liar.” These were nearly all the words that were spoken. Inspector Scully has truthfully stated the time as from two to four minutes—three, I think was the utmost; bat to say that the altercation occupied from 2 O to 25 minutes is a falsehood as black as

The Court: You can go no further : suoti language is disgraceful. If you were to use it before Mr. Justice Johnston you would be put in jail at once. The Bench will not listen to anything further you may have to say. You are bound over in the sum of £3O, and must find two sureties in the sum of £ls each, to keep the peace towards Major Green for six months.

Mr. Buchanan gave notice of appeal at the Supreme Court on Monday, and the Court rose.