RESIDENT MAGISTRATE'S COURT.

Mataura Ensign, Volume 6, Issue 335, 29 February 1884, Page 2

RESIDENT MAGISTRATE'S COURT.

MATAUBA. Wednesday, 27th February, 1884. (Before H. M'Culloch, Esq., K.M.) Dkunks. Patrick Mc'Jowan, for whom Mr Johnston appeared, was charged on thej information of Contable Leece with having on the 27th of December, at Mataura, been drunk and disorderly. Hugh Cameron deposed to the committal of the offence, which was an aggravated one, and occurred in witness's hotel late in the evening of the day libelled. William Cameron gave evidence corroborative of that of his namesake, as also did Dryden G-rieve. Each swore that, though MeGowan was a prohibited person, he came to Cameron's the worse for liquor, land on being denied drink there he " kicked up a row," and was summarily ejected by the landlord, who, however, did not use unnecessary violence either in ejecting him. or in a struggle that ensued outside. For the defence a man named Coster was called. He deposed that defendant, who was not drunk, after being ejected from ihe hotel had been maltreated by Hugh Cameron and another of _t'f-e crowd round him. His Worship considered it pretty clear that defendant had been drunk and disorderly; but if the last witness' evidence was true he might have been sufficiently punished by the maltreatment he had received. However, he did not say that evidence was true. There seemed to be some doubt about the matter, and he would dismiss the information without co3ts and with a caution to McGowan. Kelly v. Shields. In this case, adjourned for decision from last Court day, defendant was charged with having plied for hire-in the Wyndham Town District without a license. His Worship thought the byelaw under whioh the information was laid was bad^ from uncertainty lecause if given the full geoge^it hpre, ,it. t would be unreasonable. The inJEormatiorT would be dismissed. No Appeabance. A man named Brown was charged on the information of Constable Fretwell with having been drunk while in charge of a horse in Main street, Gore, on Sunday last. Defendant did not appear and his bail of 30s was estreated. Canning v. Simson „.* : I. S. Simson was charged on the information of F. S. Canning with that he did on the 22nd February at a public place— viz., the railway station, Gore— use provoking or insulting language to the complainant, to wit, did call the complainant a•' liat 3} ' and a " scoundrel," and such conduct was, ljkely to be repeated and might tend to provoke a breach of the peace : therefore the complainant was afraid that the said I. S. Simson would do him some grievous hodly harm, and 1 prayed .that the said _J. S. Simson might be required to find sureties to keep the peace towards complainant, who did not make the. . complaint agaiust nor require such sureties from the said I. S, Siinson from |any hatred, ra/il cf;, or iihyill, but merely for the preservation of his life and person from iujury. Mr Fletcher appeared for complainant ; defendant was unrepresented by counsel and conducted his own cape. F. S. Canning deposed i I am an auctioneer, residing at Gpre, and was at the Gore railway staiion on Friday evening, shortly:, after the arrival of the evening train. Mr Simsou was on the platform,' and more than once loudly called me a liar and, a scouudre'l, and added thereto, « There, that's a public insult for you." Am thoroughly satisfied that it was intended as an insult and provocation. A number of people were present it., the time, and some of them told him tfye occurrence was a most scandalous one. From 1 what I know of Mr Simson, I expect this conduct will be repeated, and while I should not be afraid to meet any man in open contest, Simson might meet m« otherwise. Do not lo,ok upon Samson ag a man responsible for h|s 'actions. — To defendant: I swear I did not publicly jnsult you at the laying of the foundation stone of the Gore Town Hall, but I admii having called Constable Fretwell, with the- ulterior object of having you removed from the platform. I introduced that officer to Mr Bldred, whose property the platform was. Simson had previously been requested by the marshal of the Masonio "prboeskion to. leave the platform., and he was afterwards spoken to by three other members of Lodge Harvey and requested in a friendly spirit to remove himself. He gave but one reply, and then I asked him if he would take a friend's advice. He said he vypuld.. 1 9^ked ijim to leave the platform quietly and not make a scene. He distinctly stated that he would not leave till forcibly ejected. huor to 't ! he consecration o£ Lodge Harvey Simson's name hkd been struck off the roll. Defendant ; I neyer was on the roll You're telling a deliberate, falgeh.opd. J am; a member of th ! e Southern Gross' Lodge, In r vercargijl. ' ' '' '' •* ' Witness repeated what he had previously said, and continued : When Mr Fretwell was introduced to the builder he said he could do nothing, but if the builder attempted to put Simson off the platform, and did not sugceed, if called upon he would give him i assistance. SJraspn subsequently left, however, and the ceremony proceeded. These steps were taken, because tb;e man defied the lot of us. " ." : ' ! '' ' Tlje defendant ; Did you not publicly, thrdiigh tHe'MAjpA'u^A' Exsion, invite visiting brethren to attend the ceremony. ? Witness : The Lodge did. " " His Worship : Still the builder ha* a right to turn anyone off ths . platform whose pre • sence was not wished .for. Defendant : What was the cause of this 1 I want ,t,o kno^r >yhy J was to be removed from the platform.' \V itness— lf >you will know the reason, Mr Simson, ' it was this : ' Lodge Harvey \ considered you were unfit to associate with j ; its members ; "thjit as a man' you were an in- ! < suit to Masonry/ • ' ' Ji Defendant — I thank you ; but at the same j time I hive an "utter contempt of your : opinion, . . j

A. B. T son depose-On F.iday evening, when on the Gore railway p! a -form, my attention was directed to Messrs Cannin- and and Simson. The latter cille I the f orm * r a liar and a scoundrel .vevcral times "Mr Canning save no provocation. Had known Simson forsoiuetmie, and from Uic wav he conducted himself on this occasion, supposed he was likely to repeat the offence He had already insulted witness twice. What he said to Canning was said in a hot, anerv tone.— To defendant: I have no animus against you for discharging me as your clerk. In fact, you did not discharge me • 1 went away of my own accord. I am not one oE a ring in Gore whose object is to hound you out of the place. Wm. Douglas— l witnessed the occurrence named in the information, and heard Simson call Canning a liar and a scoundrel. The words were repeated and Mr Canning remarked that it was strong language, or something to that effect. It was language that I would not hare applied to me. Have known Simson for 18 months, and would not be surprised at anything he would do. Apparently he had an uncontrollable temper. At Fletcher recalled F. S. Canning, who deposed that so far from having any animus against Mr Simeon he had recently signed a bail boud for him at his request. This was complainant's case, and on the other side I. S. Simson gave evidence, of which the following is a comprehensive summary : I attended the Masouie ceremony by public invitation through the Mataura ENSIGN. Did not know of the insult that was -to be offered by Canning, but went as a Mason a a townsman, and a large ratepayer. Was never warned in any way not to go to the ceremony. Joined in the procession at the rear, and went on the platform as a visitor from the Southern Cross Lodge, lnvercarjnll. Had no idea I was to be insulted until Canning told me to leave the pla'form, which. I refused to do. Then Eldrei said I would have to leave. I replied that I would not ; that I was there by invitation and would remain. Canning then called tho constable and asked him to remove me. lie said he could not do it, but that if Eldrcd liked 10 try he would assist him. To prevent further interference I left and went away. Felt very much insulted that such an indignity should be offered to me, and next morning went to Invercargill to see the 10-.lge about the matter. On returning in the train I saw a report in the Ensign of a banquet after the ceremony, at which Canning had called me a coward. Lots of people had ■spoken to me about this; thiygaid I w?R no c>\vnrd. On alighting from "the train, I saw; Canning and said to him— " Canning, you called me a eowurcl, and yon are a liar and a scoundrel." I was very much annoyed on seeing what Canning had said. I-.felt I had been deliberately insulted, the truth of it all is this : There is a clique in Gore that is trying to &nnuy me.. They know I haye a bad temper, and they want me to create a breach of the peace. This -is all because I am succeeding in business. I suppose I have the best business in Gore, and it is hard that I should be hounded out of the place by men who are not succeeding in business. Even the Mataura Ensi&n is against me». It says there was suppressed applause when I left the platform,- although I know I had the people with me that day, . I could bring 20_ witnesses to prove that. " I ask your Worship not to subject me to the further indignity -of being bound .over to keep the peace.— To Mr Fletcher : The invitation referred to mentioned where all the parties were -to mcct — in Grant's, •, ! at *1 o'clock." I went there at that ho.ur, and Mr Feldwick said thejra was .some difference amongst the brethren as to* my gwiig ' to 7 f Se Lodge. I told him I did not intend to do that, but that I was going to the ceremony. He said there would be no objection to that. Other visiting brethren -Were present both at" -the Lodge" an I ceremany. That Lodge is- the clique in Gore, against me. If I had been warned not to attend the ceremony I never would have subjected- myself to insult. It jyas.done through spite ; but I do not believe .that v Canning was so much to bldme as some of ,< he others. They put himup/to^do it. He is always ready to oblige people. I bear him no animosity, and would shake hands with him af tor this c ise is concluded. I would a'so agree not to speak even .to. the members of the clique referred to. ' His Worship said it was clear enough that the language used was likely to lead to a breach of toe peace. He could imagine no language more likely to do so. Defendant remarked that on the previous day Mr Canning had given him provocation by calling him a ooward. This Mr Canning denied ; whereupon defendant said he. could adduce evidence to show that somethi ig 1 a great deal worse was said. Wm. Henderson, sworn, said. -that -he had spoken to Canning about the affair. * That gentleman said he did not emply the word "coward," but that he had said something a great deal worse. He did not say what it was. The defendant threw himself on the mercy of the Court, and hoped His Wowaip would not insult him by binding him over. His Worship said his duty was to keep the peace amongst the peopls. He Mr yimsou's temper was not sufficiently ' under command, and to guard against any repetition of the offence he would be r~required to find sureties -self in LfjO attd ; two others in L 25 each — to keep the peace Jfor six months. Messrs ' James Hayi'ind' W. Henderson became sureties; . • -. • ■ . Jtogment Summons.- r i; ; t . ; <n Shanks and Barr v. James Mahen.— Claim, L 27 5s 4d. MrAldridge for plaintiffs,' Ko j appearance jrof defendant. Order made that the amount, with LI 14s. costSj be ; paid before March 13. ......... Undefended Cases. I. W. Raymond v. J. Ashley .-^•Cfeim, LI 7s 3d for timber delivered. Judgment for amount claimed, and 7s .cqsts. Same v. A. Alexander.-^Claiiri, LI 2s 3d for goods. Judgment for amount claimed, and 7$ costs. Possession of Tenement. Alexander .Jenkins was sued by I. S, Simson to recover possession of a tenement near Riversdale. Mr Aldridge appeared for plaintiff and Mr Fletcher for defendant, who held that he was not a tenant and that> plaintiff had no right or title to- the property.— Mr Al^rjdge introduced his oase at some length, and called W< Henderson to produoe the title vesting the property occupied ' by Jenkins in Mr Simson. — The plaintiff was -the next witness, and deposed to his ownership of the section. Was owner on September 18 last. The property was first purchased by Mr Urquhart, from whom witness bought oi on trie 17th. Jenkins, was then in possession, dfthc house, and under an agjeeme,nt in possession. Some time "after Jenkins be^ came bankrupt witness wrote to him placing another man in but agreeing to 'al-. low Mrs Jenkins and the family to. reside p.n the property for a time. La^er on —at the end of December wrote,, demanding possession of the house, and section ' before ifanu.ar.^ 5 ; but they had remained' in possession eve^ since. The annual value of the house was about L2o.— Mr Fletcher, after a short crossexamination of witness, said he proposed to prove that the transfer had been obtained by fraud. That he was prepared to prove, and as heraised the question of title the Court would" have no. jurisdiction, and the parties Woujd require' to go ( to |hq Supreme Court. M Counsel 1 read two letters as' follows : — Gore, September 15th, I§§3. MrA.JßSKii^s - " .-.■•■•- .-_•*_ Dear Sir,— Af tar. seeing you on Thursday 1 though^ it best to go tJ Inveieiirgiirand see Air Urquhatt which I did. Ho did not seem to care about giViiig the extra money. He stuck a long time at' the even money and would not give the extra L3O for putting in tl»e crop, but just before leaving for the train he said that in consideration of your putting in the amount of crop you wrote Mr Dalgleish you intended doing, /a, MQ acj'os oata and 30 acres wheat, and would guanmteq to sow good seed, harrow and roll it, he )( wpuld spring thd extra' L3O for seed which would mate in ftll LIO3IX This is the besfc offer lam likely to get and it; is the best I can do f6r you. Mr' Urquhart says' yo\i can live'on the pldee as long as you liav6 a mind' to until ho sells again, which I suppose will not bo iorsix months. Re Filler's summons : You did not sign con= fession of judgment on the summons, and }t is nq good. You will either have to come down this evening or tomorrow morning and sign them, as tU,e Court »ite W)

Monday at Matairra, and on Monday I want you in meet me in rnvevcarjrill to sign transfer of section to Mr TJrquhart. llenrters'm wants yon to give him a list of all the creditors, as he -will calf the meeting atlnvercarKill on Friday next. You must not neglect to come down either this evenin- or to-morrow morning, a.* I ■wish you to go by the Elbow to Invercargill on llonrtay, so that Pillei- will not see you going: down in the train on Monday morning. — Tours faithfully, I. 8. Simson. GonE, 18th September, 1883. Mr A. JBjntiiffi, . Doar Sir. — "Mr TTrqitTiftrt fia^-not sent the money today, but T ssHT>«:wf» he will send it this erp^inp. Jt" farm : I hipe for my saVe you <vill fli a fair thin p. aid : . try and get a good crop in . Do ' nothnrry too much, ' but make a good job of it, and you will fipfl that I am „- , your friend. lam sending up an agreement for you to •■ 'sfen. which will protect von ai v^ell as the buyer. I -will srpf. two hafri of •■'-a" tped as rfqne^tpd by von, and FthfnTc nerlwiw ife will be better to put all oats in, as that will save yon buyi'i? turnip seed. I think y«u had better meet me at Wantwnod on Thnrsdav at . dinner-time, wh^n T can give you cheque, and tnlk ■■'•' matters over. Kindly sicn and return agreement by return of post. — Yours faithfully, •• ' • ■ I, R. SiMPOyr. The learned gentlemen afterwards pro- ;-> ;-ceeded with his cross-examination of Mr Simson, who deposed that in the month of May of last" year he wis acting- - as agent for Jenkins fnr. t^e Pile of his farm »nd e*ock. The former he sold ■'•■■ on September 17 to Mr "Orcmhnrr, of the Bank, of •Australasia, Tnvercoreill. for T/1030 cash., The .transaction was rondnnf-Rd in the Ttonk parlor, Mr TJrquhart, Mr J'vnkins, and witness hring present, the latter fia Jenkins' ascent. The transfer was siorned in blank, and after Jenkins left TJrqnhart savl he could' have the properly. He took it at - Ll 1.30 on terms, his name was filled in in tho. * blank transfer, and the thing was completed by registration. i=sne of HUe. etc. The money for the farm was handed by Urqnhnrt to Jenkins, who pave it to Simson as his ajrerit. and the whole amount had since been paid to Jenkins, les 1 * some raonpys previously advanced. The whole transaction was perfectly honafide, and witness had not prior to the sale from Jenkins to TJrquhart spoken abont any re-sale. — A number of dates were mentioned in the witness' evidence, but the^e are not reproduced here, a=* our readers would not be able to follow them. — Mr Fletcher contended that there hnd been fraud, inasmuch as Simson had practically bousrht the property while an agent entrusted wi*h its sale. The transfer was siened in blank on the 17th. Mr Jenkins left. Mr Rimson's name was then filled in. and the transfer was recorded next day without any mention of the transaction to U'-qnhart or any stamp duty paid on the additional price, which was a fraud on the revenue, which the Court was bound to protect. An agent „ /vyas not - allowed to sell to himself, and ''"•' this Was" what appeared to have been | done. —At this stage A. Jenkins was called, and denied that TJrquhart paid him for the farm at the time stated by Simson. Ip, the bank room both Simson and TJrquhart *<?reed that he should remain in the house for' Bix months. —This Mr Simson denied, averring .that permission to atop was condi- , tional on the farm being , sold.— His Worship wohtd not say there had been any fraud. Still it was not a prudent thing to do, and „ .opened. the way, for all sorts of inferences. ! 'He would not give his decision till he had looked up the authorities and fully consider ,d the matter. M'LAGGAN v. F. Bbown. 1 .; Claim,- L2O 14s, for work done and money lent, Mr Johnston for defendant, who gave evidence as to partnership proceedings in connection with the Mataura flour mill, and swore that he owed plaintiff nothing ; on the contrary, he considered plaintiff owed him something like p I3QO, . His Worship gave judgment for ! plaintiff 'for L 2 14s, and reduced costs, 7s. The Court. rose at 2.30 p.m.