RESIDENT MAGISTRATE’S COURT.

Marlborough Daily Times, Volume II, Issue 139, 20 July 1880, Page 3

RESIDENT MAGISTRATE’S COURT.

Blenheim, Monday, July 19. (Before H. Mclntire, Esq., B.M.] THREATEN IN Cl LANGUAGE. Winsor Soper, of Spring Creek, was charged by William Robinson, of Grove Town, with using threatening, abusive, and insulting language towards him in a public place, namely in the bar of the Grovetown Hotel, and in the public street outside. Mr McNab appeared for the complainant, and Mr Sinclair for the defendant, who pleaded not guilty.

Mr MeNab asked to have the information amended by striking out the words “ in the public street.” Mr Sinclair asked that the words “ liar of the Grove town hotel,” should be struck out.

Ultimately all the words after public place were struck out. Mr McNab in opening the case said there had been frequent squabbles between the parties. On a former occasion Mr Kol.iuson had conclusively proved that lie could punch Mr Winsor Soper's bead, and had done so, but being a man of peace, lie (Mi Robinson) did not wish to fight, but as Mr Soper kept annoying and aggravating him, he came to this Court.

The information was amended by confining the charge to 11 using abusive words with intent to provoke a breach of the peace.” William Robinson, the complainant, deposed that on Tuesday last defendant came to the Grove Hotel, in the afternoon. \\ itness was acting as barman at the time. About three weeks ago witness bad a disturbance with defendant. There was a failstand up fight between us. Defendant was the first to begin. Witness is not a fighting mail, but bad to protect himself. On the afternoon in question defendant came in and referred to the previous disturbance, saying they’d better have it out again. Witness declined the invitation, and defendant then called him a d cur, a crawler, and otherjjabnsive epithets, which he repeated outside. When in the bar, lie tried to catch bold of witness and provoke him to fight. By Mr Sinclair —We had two fights on the previous occasion. When I would not serve him with liquor, lie went to the butcher’s shop, there was a wedding on there, and got some beer there. He gave in on that occasion. He struck me, kicked me, and pulled out a handful of iny whiskers. Mr Chceseinan, the butcher, was giving away beer all that evening. Oil the afternoon in question, Mr Herd came in with witness. Defendant was excited but not drunk. Witness fought fairly on the occasion referred to, and did not knock Soper’s head against the stones in the road. Alexander Herd, blacksmith, Grovetown deposed that onthe afternoon in question, he accompanied Mr Soper to the G rovetown Hotel, where they had drinks. Defendant alluded to a previous dispute, and told Robinson he’d better come out and have it out, and that it was a long lane that had no turning. Complainant declined invitation, and said he did not want to fight, but would settle the matter in Blenheim. Thomas C. Lamb, settler, Grovetown, deposed to being at the hotel at the time in question. He heard Mr Soper abuse Mr Robinson, because the latter would not come out and fight. Soper called Robinson a c | cur, and some other words. which witness did not hear, being rather deaf.

By Mr Sinclair—From defendant’s tone and countenance I should not think the words made use of by Soper towards Robinson, were blessings. Mr Soper was excited, but did not appear to be drunk. Witness has seen Soper take oft his coat on former occasions. He generally kicks up a row when lie comes to Grovetown.

Henry Worthylake, storekeeper, Grove Town, stated that lie knows complainant and defendant, and was at the hotel on the day in question. Soper said to Robinson, “ Now come out and fight ; I’m your Mores.” This closed complainant’s case. Mr Sinclair said the defence was a pointblank denial of the charge. He should call two witnesses. Mr McNab said before this evidence was called he would make an offer to the other side. His client desired peace and was willing to lie bound over if Mr Soper was. Mr Sinclair said his client was willing to agree to this. The Resident Magistrate said lie thought this was a very proper course to be pursued. The information was then withdrawn, each party to pay his own costs, and enter into a boiid of £SO to keep the peace for six months. The following Civil business was then disposed of : J. HORNBY V. T. O’SULLIVAN. Mr Mi. Nab applied for immediate execution in this case for which judgment had been confessed, for £O7 17s lOd, on a dishonored promissoiy note. The Court granted the application. LAWRENCE. V. BARKER. This was a claim by Mr Lawrence as assignee of the book debts of Messrs Horne and Cleghorn, for £1 4s 6d for medicine, &c. The defendant admitted the debt, but said he wanted time for payment. The Court crave judgment for the amount claimed and costs, to be paid by weekly instalments of 2s fid. SAME V. W. BRIGHT. This was a similar claim for £3 ss. Defendant did not appear, and plaintiff having proved the debt, obtained judgment for the amount claimed and costs.

Mr Lawrence applied for immediate execution, which was granted. KDWAHIIS & C'O. V. RODERICK M’IVOR. This was a claim for £1 10s for half a ton of coals. Defendant did not appear, and Mr Clouston (clerk in Messrs Edwards and Co’s office) having proved the debt obtained judgment for the amount claimed and costs. Mr Sinclair appeared for plaintiffs. TRUSTEES IN CUNDY’s ESTATE V. V. 0. VENNIMORE. This was a claim for £1 8s for stabling, See. Mr Sinclair appeared for the plaintiff. There was no appearance on the part of defendant. After some discussion as to whether this debt could be proved from entries in the books only the ease was withdrawn, Mr Slenhouse, the trustee, not appearing. There were several other cases on the list which were settled out of Court.