RESIDENT MAGISTRATE'S COURT, BLENHEIM.

Marlborough Daily Times, Volume II, Issue 117, 4 May 1880, Page 3

RESIDENT MAGISTRATE'S COURT, BLENHEIM.

Monday, May 3rd. (Before H. Mclntire, Esq., R.M.] INSULTING LANGUAGE. William Benjamin Earll, contractor, etc., was charged with using insulting language towards Robert Register, a carter in the employ of Mr Riley, by calling him ‘a liar,’ putting bis thumb to bis nose, and saying • take it out of that.’ Mr Sinclair appeared in support of the information. Mr Earll said I plead guilty to calling the man a liar, which be is, and to putting my hand to my nose, but not guilty to the other words, said to have been made use Of,

Robert Register, a carter in the employ of Mr Riley, stated that on Friday hist, he ■went to Fell’s wharf to letch goods for Mr Falconer. Mr Morrison, the storeman, pointed out a case which witness took ami put into his cart with others. Hctlien went on board the Napier, and when ho came back to the wharf he found that Mr Kuril bad got Mr Falconer’s goods on his dray. Witness objected to tins, saying lie was carting for Sir Falconer. Mr Kuril said—“lt's not often I call a man liar, but you are one. They had some further words in Market Street, in front of Mr Falconer's place, and in his presence. Mr Falconer said both had been carting for linn. V'* it* nesa said to Mr Kuril that he had of late usually carted for Mr Falconer. He (Mr Earl 1) repeated that witness was a liar, put his thumb to his nose, and said “ take it out of that.”

By Mr Sinclair—l liad not given Mr Kuril any provocation. Mr Earll cross-examined the witness ns to the position in which the parties stood when the conversation took place, and as to what took place on the wharf, admitting that he called complainant a liar, which ho added “ was the truth.”

Mr Hennessy, hairdresser, etc., Market Street, deposed to seeing and hearing the parties disputing in the street. Heard Mr. Register say to Mr Earll—“ You called me a liar.” Saw Mr Earll put his hand to his nose.” Heard Mr Register say—“ You’ll have to apologise for that or pay for it.” Could not say whether Mr Earll said “ take it out of that,” or “ apologise that.” Both appeared in earnest, and were pretty white over it.

Mr Strake:, a telegraph operator, deposed to hearing the altercation on Fell’s wharf between the parties about the carriage of some goods for Mr Falconer. Mr Earll call cd Mr Register a liar. Some father conversation took place near Mr Falconer’s. Mr Earll aged called Mr Register a liar, and putting his hand to his nose saying—“take it out of that.”

Mr Earll at his own request was placed in the box and gave his version of the matter. He stated that he had always carted for Mr Falconer and had the consignees’ letter for these things—gilt mouldings—and lie placed the things alongside the cart. As he was about to put the things on the cart “ Bob ” came up and said, “ I’ll take that.” Witness said, “ No you don’t.” lie saiil, “ Yes I do. I’ve always carted for Mr Falconer.” Witness said, “If you say that you are a liar.” Witness also said to him in Market-street, “ You must ho a liar.” He said, “ You'll have to apologise.” Witness replied, “1 apologise that,” and put his hand to his nose like Colley Cibber.

Mr Fell stated that both parties had carted goods for Mr Falconer. He corroborated what Mr Earll stated took place on the wharf. Mr Morrison, storeman at Messrs Fells' gave similar evidence. Cornelius Ryan was also called, but said he did not remember much of what took place. Mr W. 8. Falconer stated that he had not made any arrangements with any carter about the carriage of these particular goods. lie received goods from both parties. He heard the word “ liar ” used by both parties. Mr Earll addressed the Court for the defence, saying lie considered this was a most trumpery case which no man who had his head screwed on right would have brought into Court. He did call the ma.i a liar which was true, but there was no likelihood of a breach of the peace resultihg from the matter, lie admitted he callRegister a liar, and the latter returned the compliment. They knew each other very well for years and Register had been in his (KarU’s) ‘employ. He had called on Register on Saturday and asked him to settle the matter between themselves without going to lawyers over it, but lie would not listen to reason ; so here they were with one lawyer between them.

The Resident Magistrate quoted the section of the Act under which the information was laid and considered the evidence supported it. Taking the surrounding circumstances of the case into consideration and the causes of the quarrel, he was of opinion that he should be justified in dismissing the case, but might mention to Mr Earll that whether a man was a liar or not the law did not allow another man to call him so, because it was language tending to create a breach of the peace. Mr Earll said he would be more careful in future, and would not call a man a liar but supposed ke might think so all the same. The case was accordingly dismissed.

The following undefended cases were disposed of by judgment being given for the plaintiffs :— Wymond v. Booker, £<s 14s 10d for goods sold and delivered, to be paid by monthly instalments of 10s or in default three weeks’ imprisonment.—A. Dillon v. D. Henderson, £ls. Litchfieid and Son v. Kellor, £4 ISs 2d. The following case was struck out for non-appearance of the parties concerned : —W. J. R. Robinson v. Hargraves, £1 10s.