RESIDENT MAGISTRATE’S COURT, NELSON.

Marlborough Daily Times, Volume II, Issue 114, 23 April 1880, Page 4

RESIDENT MAGISTRATE’S COURT, NELSON.

THE TRAFALGAR STREET SCANDAL,

Tii«3 charges against Messrs Percy B. Adams, Langley Adams. C. De Vore'leschinaker, and C. Bunny, for behaving so as to cause a breach of the peace, was to have been heard yesterday afternoon at 2 o’clock, but at that hour Lowther Broad, Esq., R.M., was sitting in his capacity of District Court Judge, and the case was adjourned to Wednesday next, to the apparent disappointment of the large number of the public who were present in Court. However, at a later hour, the business of the District Court having terminated soonerthan was ex pected, an arrangement was made by which the above charges should be held at four o’clock; and at that hour the Justices above named took their seat on the bench, and the Chairman asked each of the defendants if he were satisfied that the charges should be heard then. Then having respectively expressed their willingness, in the order above-named each was charged for that on the 15th April he did behave so as to cause a breach of the peace. Mr Percy Adams admitted the charge, and so did Mr Langley Adams, hut MrTeschemakerand Mr Bunny pleaded not guilty. Inspector Acheson conducted the prosecution, and the Chairman remarked upon the charges having been laid under the almost obsolete Constabulary Ordinance. Die Inspector then called P.C. Fairs, who deposed he was on duty in Trafalgar street on the evening of Thursday last, the 15th inst, at about five minutes to 5, when he saw a crowd in front of the Club. He found Mr Teschemaker and Mr Langley Adams fighting, and having separated them and spoken to Mr Teschemaker for a moment, he heard a noise behind him, and looking round saw Mr Percy Adams and Mr Bunny fighting. He went over to them and spoke to Mr Bunny and asked him not to commit more disturbance, and he went away. This closed the case for the prosecution. Mr Percy Adams then said it appeared that he was responsible for all that had taken place, and he wished that the charge against the other defendants might be withdrawn. The whole of the row was in consequence of his having assaulted Mr Bunny and as to his own action he wished to say that from Thomas’ evidence given on the day of the assault, it appeared to him plain that the action in the Resident Magistrate’s Court was a sham one, ami had been brought at the instigation of Mr Bunny. His Worship said that no personal cause could give excuse for the offence, which was against the public. Mr Percy Adams said he wished to explain hi 3 conduct, and said it appeared to him that it was Mr Bunny’s wish that all the lawyers in the place should be retained against them, and had endeavored to retain Mr Fell, without instructions from Thomas; and he had also been told that had it not been for Mr Bunny, Thomas would have brought a civil action instead of a criminal charge. Some persons had said that he was egged on by his brother, but he wished to say that that was false and that his brother was not present, nor had anything to do with it. He considered that Mr Bunny had been actuated by spite. _ He again asked the Bench to consider his proposition, that he only was responsible for the disturbance, and be asked their Worships to exonerate the other three.

His Worship said that thiswas an offence against the law-abiding citizens of the place, and the Bench wished to know the whole of the facts.

Mr Pitt, at this stage, said he was instructed to appear for Mr Teschemaker, and say that Mr Teschemaker disclaimed that he was actuated by any such motives as those charged, or any that could bear such a construction. His client saw the commencement of the fray, and he was simply doing his utmost to prevent a breach of the peace, and he thought lie should be able to show that when Mr Langley Adams turned on him it was merely in self-defence that he struck him. He called

Donald Williamson Irvine, who deposed that on Thursday last he saw Mr Teschemaker in Trafalgar-street and saw Mr Percy Adams and Mr Bunny having an altercation. He first saw Mr Percy Adams striking Mr Bunny with a whip, and he then dropped the whip and they began fighting in the road. Mr Teschemaker then tried to separate them, and tried to get betweeu them. He heard Mr Langley Adams use some words of encouragement to his brother. He said, “Go it Percy,” or something to that effect. Mr Teschemaker then ran to separate them, when Mr Langley Adams took hold of Mr Teschemaker, and he struck at him, and it resolved itself into a fight. By Mr Bunny • He saw Mr Percy Adams strike Mr Bunny on the shoulders with the whip, and also on the hemlet, (Mr Percy Adams that must have been a stray one]. At the request of Mr Langley Adams the witness stated that at the time Mr Langley Adams touched Mr Teschamaker the latter was trying.to seperate the others. Walter Livingstone Learmonth deposed : He saw Percy Adams walk up to Mr Bunny, and he had a few words with him, which witness hid not hear, and then he knocked the books out of Mr Bunny’s hands, and struck him with the riding whip. Langley Adams said “Go it Percy,” and Mr Teschemaker rushed forward to seperate them. He did not see Langley Adams take hold of Mr Teschemaker. Mr Teschmaker rushed forward evidently with the intention of seperating them, and he did not strike either.

Jobu Oldham deposed that he was coming out of the Club with Mr. Langley Adams, whom he was about to drive up to his house, when looking up the road, he saw Mr Percy Adams walk up to Mr Bunny, and he spoke a' few words ; the next he saw was Mr Percy Adams strike Mr Bunny twice over the shoulder. As soon as Mr Bunny could get clear of him, he defended himself, which he was perfectly able to do, he thought. He saw Mr Teschemaker go forward and catch hold of Mr Percy Adams as though to separate them. He looked back for a moment, and then he was surprised to see Mr Teschemalter and Mr Langley Adams fighting. He was sure Mr Langley Adams had not the slightest idea that the row was going to take place, aud he felt certain that he thought his brother was going to be put upon, aud that ho merely went to take his part.

Mr Bunny said he should not have thought it worth his while to say anything but for a letter which appeared in Saturday- night’s Mail, signed by Mr Percy Adams ; and as to who was telling _ _ie truth, he should leave the public to decide. On leaving the Court on Thursday last, lie walked down Hardy-street with Mr Pitt and Mr Moore, and having left them at the corner, was walking under the verandah by Mr Milner’s, when Mr Percy Adams came up to him, and said he wished to say a few private words to him, and he then said that his (Mr Bunny’s) conduct bad been either blackguardly or contemptible (he could no'; remember which), and he caught hold of his coat by the left hand and struck him over the head with the other. (He produced his helmet hat, showing the dint.) He had had no personal quarrel with Mr Percy Adams at all, and he looked upon him simply as the junior counsel on the other side. When he came up to him he had no idea of anything of the sort occurring. The cause of his offending amounted to this, that he had acted for Thomas in the late prosecution, and lie wished to state publicly that he had not brought the recent proceedings until after he had taken counsel’s opinion. He called Edmund Walter Thomas, who deposed : He laid the information for perjury against Mr Acton Adams. He had heard Mr Percy Adams just before, and regarding what he said about a civil action, whoever spread that report, he (witness) said it was untruth. Before the information was laid Mr Bunny told him he would do nothing without consulting Mr Pitt. Mr Bunny then stated that his consultations with Mr Atkinson were regarding liia own position, and also, Mr Pitt thinking he would prefer not to appear against Mr Adams on account of his being his colleague in the House, and also because he had engaged his \V ellington partner. Mr Conolly, about retaining Mr Fell, and those were the only two consultations he had with Mr Atkinson. Mr Langley Adams said that on leaving the Club with Mr Oldham last Thursday, he saw his brother and Mr Bunny fighting. He did not stir off the Club steps till lie saw Mr Teschemaker holding his brother, and lie did not appear to him as though he wished to separate them. He was holding Percy Adams whilst Mr Bunny struck him. He thereupon put his hand on Mr Teschemaker, and was remonstrating, when Mr Teschemaker struck him in the face, and after that he did the best he could to him. He asked the Bench to allow him to state this on oath.

The Chairman said that he thought that was unnecessary. The Bench believed that the defendant though as he stated, although may be he was mistaken. Their Worships then adjourned for a little more then ten minutes, and on their return, the Chairman said they proposed to deal with Mr Teschemaker’s case first. It was quite evident that he was altogether free from blame. They were quite satisfied from the evidence that Mr Teschemaker had simply performed bis duties as a good citizen and a magistrate in endeavoring to maintain peace, and for so doing he entitled to their thanks. The charge would he dismissed. The decision was received with applause which was speedily checked.

To Mr Bunny the Chairman said that he, too, was altogether blameless; the charge was that of behaviour calculated to cause a breach of the peace, but so far as this defendant was concerned, all he did was to protect himself, and the charge against him would therefore be dismissed. This decision too was received with applause Mr Langley Adms, the Chairman said, had made an excuse. He said, he throught Mr Teschemaker was holding his brother, whilst Mr Bunny struck him. The Bench must express its surprise that, even in the excitement of the moment, ho could have though that any one could have been guilty of so base, so cowardly an action, but they believed his word. But supposing even that had been true, it did not justify his conduct in aggravating the breach of the peace, and, moreover, lie had pleaded guilty. Under the circumstances the Bench fined him £1 and costs Gs 6d.

Addressing Mr Percy B. Adams, his Worship said that, r.s he had admitted, he was the head and front of the offending. He (the Chxirmai) was at a loss to know why the police had not proceeded in this matter under the Vagrant Act Amendment Act 1869 instead of laying the information under the almost obsolete Constabulary ordinance, the maximum penalty under which was £2. Looking at the position of the defendant as a solicitor, and the duty he owed to the public, they felt bound to inflict the full penalty of 40s, and costs Gs 6d. They would have gladly stopped there had he expressed any regret for his action. They were not considering his offence as against Mr Bunny but as against the law adiding citizens of the place, and they felt bonnd to exercise their full powers as they feared that he having expressed no regret, might no some future occasion again take the law into his ov/n hands, and commit a further outrage upon the good order of the Town, and they felt bound therefore to restrain him. They therefore should bind him over the to keep the peace towards all Her Majesty’s liege subjects for six months himself in £SO and two of Sureties £25 each.— Colonist.

A Formidable Plough.—A Chicago journal gives an account of the largest plough ever made. It was recently turned out by an Illinois firm of agricultural machinery makers, for use on the St. Louis Iron Mountain and Southern railway. It is calculated to cut a ditch 30 inches wide and 2 feet deep, and is worked by attaching it to a platform car of a construction train by means of timbers framed and extending out, so that the plough cuts its ditch a sufficient distance from the track. It cuts a furrow 8 inches deep each time, requiring three of them to reach the proper depth, and it will make one mile of ditch, 8 feet deep and 3 feet wide, every four hours, thus doing the work of 1000 men. The beam is made of swamp oak, and is 8 inches by 14 inches, the land side being made of bar iron 8 inches wide and 1£ thick, which had to be forged expressly for the purpose. Its total weight is 17001bs. The use of this plough will mark an era in all ditching work, especially in connection with railways, and will go far to supersede the navvy. ‘Wanted to Know. —Whether false ringlets can be properly described as ‘curls of smoke’?’—Whether a row in the rookery deserves the definition of ‘caws and effect?, —Whether the sailor who wanted to know what time it was has gone to sea?—Whether, misnaming a baby at a christening may be called turning a rite into a wrong? —Whether the plainest woman alive, when she reaches the age of 77, will be a pretty old one?—Whether it is not preferable to fall out with your banker than to lose your balance with him?—Whether when a horse takes his meals he has them at his table?—Whether sweepstakes are sootable food for sweeps?—Whether, when you give a child a bat it will be likely to give you a bawl?—Whether a dumb man always keeps his word? —And lastly, but notleastly, Whether ‘high tide’ is not the very best remedy for ‘low' water aud low spirits?’