Resident Magistrate's Court, Foxton.

Manawatu Herald, 9 April 1892, Page 2

Resident Magistrate's Court, Foxton.

(Rofore H. W. Brabant Esq, B.M). Wednesday, 6th April. CRfMI»AIi. Amos Burr \. John Victor Burr. The defendant was charged with using threatening language. Mr Bay appeared for defendant. Amos Burr deposed— A few days before the 28th February last his son asked to see a number of receipts ; he had no right to remove any ; he said he should keep all receipts unless the account book was given up, which he had declined to do, but had sent it up to his solicitor ; on the 28th he noticed his son taking 40 or 50 receipts off the , file in the sitting room ; he rushed to prevent him and succeeded in getting hold of them and his son . took up a spade and threatened to knock him down with it unless he returned the receipts ; this he (plaintiff) did to save bloodshed. By Mr Bay— There was an agreement to pay over the proceeds of some lambs wool to McMillan, Bhod.es & Ob., but it was not carried out ; did not sign an orde"r, but made -a promise in writing ; the money was not handed over to them as they broke their agreement ; it was a few days after the disturbance that his son had told McMillan & Bhodes. were the wool WMy had gooej^ met his sone in sqUpijsr's office last' Saturday to sign a dissolution, of partnershipjjchi* §on about the 25th February *ranted.i» sea the bodfks;? he was told they -were- In safe keeping ; he had taken papers from his youngest son on the 28th as both sons were shifting papers from a large file to a small one ; in the kitchen neither Mordaunt or himself made a rush on defendant ; the moment his son took up a spade he said " here Johnny take the papers}" had once been bound over to keep peaoe over 15 years ago. Henry Mordaunt deposed— he was working for complainant ; he been there three months | cooked for oomplain&nt ! had AlfltauHy in ob»

fcftining food, had done one week pretty short ; on the Sunday he saw complainant fetch papers into kitohen ; the defendant had another large bundle of papers ; complainant had asked witness to pick up .these papers, and defendant threatened to .knock him. and the complainant down with a spade if they touched them; heard no . threat made by complainant ; thijuglit, there was danger for complainant when defendant lifted the spade. By &iv Hay — Complainant never called out to him " come and help take the papers ;" when the defendant went into kitchen witness wont and stood by the fireplace ; only picked up some papers after defendant had left. Mr Ray said the defence was that the facts were not as had been deposed to, also that the case had been brought because of disputes of the parties in partnership matters. John Burr deposed -That he had been unable to see the partnership books ; before the 28th February he had ascertained where the money for the lambs wool was ; his father was annoyed that he had given McMillan the information about the wool; on the Sunday he was in the dining-room trying to find a receipt ; complainant attempted to snatch papers off the table, some fell on the ground, and stooping down to pick them up complainant raised his arm and struck him on the back with his hook ; he further called to Mordaunt to come and help him to take the papers ; walking across the kitchen the complainant snatched the papers and Mordaunt and he made a rush at him ; hp picked up the first thing handy and threatened to knock them down ; had no intention but to defend himself. Sidney Burr deposed— He was in the dining-room looking over the file ; complainant saw this and attempted to take the papers, he called out to Mordaunt to come and help him ; Mordaunt was in the kitchen ; his biother the defendant got out first into the kitchen, the complainant and Mordaunt followed ; defendant then took up the shovel and threatened to knock down the first man who touched him ; as defendant went into the dining room, complainant raised hia . hook but defendant dodged the blow ; complainant told witness it would be a bad day for him in being mixed up in this case Ellen Burr deposed —Her husband on day in question was looking over accounts ; saw him go from the front room to the dining room ; when she returned, her husband was in the kitchen, and she heard complainant call to his man to come and help him take the papers, and her husband threaten to knock them down. John Burr recalled said he was in Palmerston last Saturday ; the complainant offered if witness would accept a second mortgage over the property for his«share of the partnership to forego this charge ; he had not however agreed to this. By B.M.— Had struck his father in defence of his wife ; had merely thrown his arm up when he shook it at her and it had struck him in his face ; the row was because he refused to allow his father to breakfast with them. The R.M. said there seemed to be matters of dispute as to the worki ng of the place, bat ha had only to do with the threatening language said to be lued ; on one hand the complainant and a witness deposed that defendant had threatened to knock them down, on the other hand the defendant and his brother said it was only in self defence ; the defendant had acted in an improper manner in taking up a spade, the complainant had also acted in a violent manner ; he considered that the complainant had no such cause fox- fear ; there was the offer said to have been made in Mr Baker's office to withdraw charge if certain arrangements were made ; he could not find that the defendant was more to blame than the father. The case was dismissed. Mary McGovern v. J. McGovern. This was an application for a prohibition order. Constable Giilespie deposed that McGovern was quite willing that the order should be made against him. and that Mrs McGovevn had made the application. Ordif made, to apply to all licensed houses in Foxton. Police v. Joseph Moran. — The defendant was charged with being drunk and guilty of disorderly behaviour ; he was also charged with refusing to quit the licensed premises of jfohn-R., Stansell when behaving in disorderly manner. : ~ . .The, accused pleaded guilty in both cases ancUthey 'were heard^ together. TJiojnas Winter deposed that on IThuTsttay, 81st ;March, tha accused used abusive language to him; he wanted a drink ; he was refused one, being tight at the time ; he said " if you won't give mo any beer I'll sling this jug at you." He threw the jifg*, ,r-* nearly ful^jindrit went from one bar to another- lie then picked up a chair and threatened ..to break his (witness 1 ) heaA ; witness thin sent for the constable ;. they requested him to leave and he 'refused ;~ tlie constable was going to take him into custody when a friend promised to look after h'm, no that the ooMtabte

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said he would summon him ; this took place in the bar parlour. J. Gillespie deposed that on the evening of tin 31st he saw the ae-' cused there; he asked him to? leave • and he refused ; he had to use violence to put him out* The R.M. convicted the defendant on the first charge and fined him 40s and costs 7s, in default seven days imprisonment with hard labour. The R.M. thought he was sufficiently punished in the first case and dismissed the second. Stanleys tanley Martin was charged with being drunk on the 2nd April, and with using obscene language on the same occasion. The accused pleaded guilty to being drunk. Henry Bradeock deposed that accused was in the circus very drunk and used obscene language to the clown. It caused a disturbance; the language used was in^the hearing of the spectators. A Shadbolt gave corroborative evidence ; he fetched the constable to the circus ; there was a disturbance there ; the accused "was very drunk. The accused said he was too drunk to know what he had done ; it was his first offence and asked for leniency. In reply to the R.M the accused said ho had been in Foxton only a month, and that Mr Austin, flaxmiller, was a friend of his. (The accused was allowed time to produce Mr Austin. On the case being called the accused stated that Mr Austin was away. The R.M. sad he was reluctant to send so young a man to gaol, but he desired it might be understood that the charge was ji, very, serious one and the Bench could only imprison or dismiss a case. He hoped ; ac cused would train himself not to use such language. lie was convicted of drunkenness and fined 5s or 24 hours imprisonment. For obscene lmguage he wou'd, in consideration of his youth, dismiss him. Herman Nelson was charged with being drunk on the 2nd April ; and with using obscene language on that date. W. T. Little deposed that the accased on Saturday evening wai drunk in the Main street, Foxton ; the Salvation Army was there ; the accused used obscene language within their hearing. F. E Jenks gave corroborative evidence ; the accused was quarrelling in front of Hennessy, "Westwood tt Co's store ; he heard bad language once; there were a lot of people there.' P. Hennessy gave evidence to the game effect. The R.M. convicted on the charge of drunkenness and inflicted a fine of 5s or 24 hours imprisonment. On the charge of using obscene language ho was ordered to be imprisoned for three days in Wanganui Gaol.