MAGISTRATE'S COURT.

Nelson Evening Mail, Volume XV, Issue 94, 20 April 1880, Page 4

MAGISTRATE'S COURT.

YESTERDAY. [Before L. Beoad, Esq., E.M, A"." J. Richmonp, A. Jones, W. Oedham, and T. Maokay, Esqs., JJ. P.] ' The. TBArAro-AB Stbket Scandal The charges against Messrs Percy B. Adatrs, Langley Adams, C. De Vere Teschemuker, and O. Bunny for behaving so ns to cause a breach of the peace was to havo been hoard yesterday afternoon at 2 o'clock; but at that nour Lowther Broad, Esq., tho 11.M., was sitting in his capacity of District Court Judge, and the ease was adjourned till Wednesday next, to (he apparent disappointment of tho large number of the public who were present io. Court. However, at a later hour, the business of tbo District Court bavjng terminated soorjer than was expected, an arrangement was made by which tha abore charges should be beard at 4 o'clock ; and at- that hour the Justices above named took their seat on the Bench, and the Chairman aßked each of tbe defendants if he were satisfied that the charges should be heard then. They having respectively expressed their willingness, in tho ordor abovo named each, was charged for that on tbe 15th" April ho did behavo so as toeau3o a breach df tho peace. Mr Percy Adams admitted the charge, and so did Mr Lnngley Adams, but Mr Teschemaker and Mr Bunny both pleaded not guilty. Inspeotor Acheson conducted tho pro?ecutiou, and thb Chairman remarked upon tho charges having been laid under the almost obsolete Constabulary ordinance. Tho Inspector then called P.O. Fairs, 'who deposed that he was on duty in Trafalgar etreet on the evoning of Thursday last, the 15th inst., at about five minutes to 5, when he saw a crowd in front of the Club. Ha found Mr Teschemaker and Mr Langley Adams fighting, and having separated tbem and spoken to Mr Teschemaker for a moment, ho heard a noise behind him, and looking round saw Mr Percy Adam? and Mr Bunny fighting. Ho went over to them and spoko to Mr Bunny and usked him not to commit more disturbance, and ho went away. This closed the case for the prosecution. Mr Percy Adams then said it appeared that he waa responsible for'all that had ta''en plnce, and ho wished that tho charges against the other defendants might be withdrawn. The whole of tho row was in consequence of his having assaulted Mr Bunny, and as to his own action ho wished to say that from Thomas's evidence given on the day of tho assault it appeared to him plain that tho action in the R.M. 'Court was a' sham one, and had been brought at the instigation of Mr Bunny. Hia Wobship said that no pr-rsonal cause could give excuse for the offence, which was against the public. Mr Percy Adams said he wished to explain his conduct, and said ib appeared to him that' it was Mr Bunny's wish that all tho lawyers in tho place should be retained against them, and -had endeavored to retain Mr Fell, without instructions frorn^ Thomas ; and ho "had also been told tbat hid it not beoa for Mr" Bunny, Thomas would have brought a civil action instead of'the criminal charge. Some persons had said Hiafc ho wqs egged on by bis brother, bufc ho wishsd to say that that was false, and that his brother was not proBent, nor had he anything to do w ; fch ifc. Ho considered that Mr Bunny had been actuated by spite. He again asked tho Bench to eon''der his proposition that he only waa responsible for the disturbance, and he asUed thsir VVorships to exonerato tho other three. His Wobship said that this was an offence against tbe law-abiding citizens of the place, and the Bench wished . to know tho whole of tho fact's. ?

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, anfl ho was simply doing his utmost to prevaut a brench of the {peace, and he thought he should bo able to show tbat 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 ho saw Mr Teschemaker ia Trafalgar street, and he saw Mr Percy Adams and Mr Bunny having an altercation. He first caw Mr Percy Adams striking Mr Bunny with a whip, and ho then dropped the whip and they began fighting in the road. Mr Teschemaker then tried to separate them, and tried to get between them. He heard Mr Langley Adams use some words of encouragement to his brother. He said "Go it Peroy," or something to that effect. Mr Tesqbemaker then ran to separate them, when Langley Adams took hold of Mr Teschemaker, and ho struck at him, and it resolved itself into a fight. By Mr Bunny : Ho saw Mr Percy Adams strike Mr Bunny on tho shoulders with the whip, and also on tho helmet. [Mr Percy Adams that must have beon a stray one.3 At the request of Mr Langley Adams the witness stated that ut the time Mr Langley Adams touched Mr Teachemaker tho latter was trying to separate the others. Walter Livingstone Learmonth deposed ! Ho caw Percy Adams walk up to Mr Bunny, and he had a few words with him, whioh witness did not hoar, and then he knooked tho 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 separate them. Ho did not Boe Langley Adams take hold of Mr Teschemaker. Mr Teschemaker rushed forward evidently with tho intention of separating tbem, and ho did not strike cither. John Oldham, deposed that he wai coming out of the Club with Mr Langley Adams, whom ho was about, to drive up to his bouse, whan, looking up the road, he saw Mr Percy A lams walk up to Mr Bunny, and ho spoke a few words ; tho next lie saw was Mr Percy Adams strike Mr Bunny twice over the shoulder, - As soon as Mr Bunny could get - clear of him, ho defended himself, wliieh he was perfectly able to do, ho thought. He saw Mr Teschemaker go forward and catch hold of M r Percj Adams as though to separate them. He looked back for a' moment, and then he waa surprised to sco Mr Teschemaker and Mr Langley Adams light ing. Ho was sure Mr Langley Adems had not the slightest idea that t- c row was going to take place, and he folt certain that he thought his brother was going to ba put. upon, and thut he merely went to take bis part. Mr Bunny taid le should not have thought ife worth his whi c to say anything but for a letter which appeared in Saturday night's Mail, signed by Mr Percy Adams 5 and as to who was c ling the truth," he should loave thu publio / to decide. On leaving tho Court on Thursday last, he walked down Hardy street with Mr Pitt and Mr Mooro, and, having left thorn at tho corner, was walking under tho verandah by Mr Milner's, when Mr Percy Adams came up io him, and said he wished to say a few private words to him, and he then said that his (Mr Bunny's) conduct had beon either blackguardly cr con» temptible (he could not remember which), and ho conght hold of his coat by the left hand and struck him over the head with tho other. (Ho produced hi? helmet hat, showing 1 the dint.) He had had no personal quarrel with Mr Percy Adams at all, and ho looked npon him simply as the junior counsel on the other side. When bo came up to him, he had no idea of anjthing of the sort occurring.

The cause of his offending amounted feo this, that he had aoted for Thomas in the late prosecution, and be wished to state publicly tbat be had not brought the recent proceedings until after be had taken counsel's opinion. He called Edmund Walter Thomas, who deposed : Ho laid the information for perjury against Mr Acton Adams. Ho had heard Mr Percy Adams speak 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 his own position, and also, Mr Pitt thinking he would prefer not to appear against Mr Adams on account of his heing his colleague in the House, and also because he had engaged his Wellington 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 tho Club steps till he saw Mr Teschemaker holding his brother, and he 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 tbat he did the best he could to him. He asked the Bench to allow him to state this on oath. The Chairman said that ho thought that was unnecessary. The Bench believed that the defendant thought as ho stated, although may he he was mistaken. Then- Wokships then adjourned for a little more than 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 wore quite satisfied from the evidence that Mr Teschemaker had simply performed his duties as a good Citizen and a magistrate in endeavoring to maintain peace, and for so doing ho was entitled to their thanks. Ths charge would be dismissed. The decision was received with applause which was speedily cheeked. 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, hut so far as this defendant was concernned, all he did was to protect himself, and the charge against him would therefore bo dismissed. This decision too was received with applause Mr Langley Adams, the Chairman said, had made an excuse. Ho said ho thought 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, lie could have thought that any one could have been guilty of so base, so cowardly an action, but they believed his word. But supposing even that that had been true, it did not justify his conduct in aggravating the breach of the peace, and, moreover, he had pleaded guilty. Under the circumstances the Bench fined him £1 and costs 6s Gd. Addressing Mr Peicy B. Adams, hia Wohship said tbat, os he had admitted, lie. waa the head and front of the offending. Ho (the Chairman) was at a losi to know why the police hed not proceeded in this matter under the Vagrant Act Amendoiont Act ISG9 instead of laying the information under the almost obsolete Constabulary ordinance, the maximum penalty under whioh was £2. Looking afc the position of the defendant as a solicitor, and the duty ho owed lo tho public, they felt bound to inflict the full poualty of 40s, und costs 6a Gd. Tbey would have gladly stopped there had he expressed any regret for

.his action. They wera not considering his offence ss against Mr Bunny but as against the law abiding citizens of the place, aud they felt bound to exercise their full powers as thoy feared that he having expressodno regret, might on some future occasion again take the law into his own hands, and commit a further outrage upon the good order of tbe Town, and thoy felt bound therefore to restrain him. They therefore should biud him over to keep tho peace towards all Her Majesty's liege subjects for six months, himself in £50, and two sureties of £25 each.