"HE CALLED ME A GAOL-BIRD!"

NZ Truth, Issue 1189, 13 September 1928, Page 12

"HE CALLED ME A GAOL-BIRD!"

niiiiinmiiiiiiiimuiiiiiiiiiiiiiiiiniiiiiiiiiiiiiiimmiiimiiiiiiiiiiniimiimiiiiimiiii "Gibbens threatened me," said Cornish. "I am not afraid of him, but he is the sort of mart who Would put m the boot when you were down, " 'miiiiiiiiiiiiiinniiiniiiiiiiiiiiiiinuiiiiiiiiimiiiiHminiimiiiiiiiiiiiiiiiiiiiiiiMiiiiiii IN an atmosphere of screeching children, the usually stern and sober propriety of court procedure was displaced by comedy of truly a light vein. TSven Magistrate Mosley at times was compelled to join m the ripple of Laughter which ensued as quarrelsome neighbors "barneyed" with each other across the courtroom. ■;'. ■'. . . Allegations of loafing; and cadging were passed around between the parties as freely as tea at a prohibition picnic, ■and, it was apparent from the statements. from either side that the Cornjshs and Gibbens have as much show of becoming friendly as had the Kellys arid the Cohens m Paris. . As the result of constant bickerings and alleged .Insulting language, Ethel Minnie Cprnish applied .to Magistrate Mosley to ha.ye Gibbehs bound over io keep -the peace. < • • ; Probably the best way for the Cornish family to have overcome their difficulties ; and put an end to their squabbles would have been to move to another part of the city which, In the present . state of the house property market, would have. been ah. easy matr •■ten ';•.,..,.•-..■ „;... ;.:. ,V ; ' , v .-• ' ' But they sought the protection of the law /■ against . the .alleged . ob scenity of Gibbens, and, m fhe course of the hearing of the case' one of the ripest of . neighborly squabbles ever ventilated m a .courtroom was unfolded. * ':\ The , parties .conducted .their own cases, and Gibbens, who came armed with a sheaf of foolscap notes, was a yery capable counsel. ' ■ Protiibly his /recent experience gained m the; court' the previous week as one of the defendants m the harboring cases concerning two escapees from the Burwood'. GirlsJ^Home--' kept him well furnished ori. court: pfiScedureZ. , - But. whatever the reason, he eon- :'■ ducted his eas» more ably .than did ) the complainant who failed ,to , satisfy the magistrate, resulting In ■'„ the information being dismissed. Mrs. Cornish deposited' a chubby infant on the knee of her husband m the back of the court while she' took the •tiQX to untold the story of her unhappy exlifehce at^' 23 ' Flemington Avenue, North. Brighton. '" ■ < l '

Wouldn't Repeat It

;: .Their life , was made a misery, she said,-' because of Gibbena' persistence m lisirig bad language" every time he passed'either AVitneas or her husband.. -./■'/■'"Xi would not repeat, the language," she said as she handed up a sheet of manuscript on which the expressions allegedly, favored 1 by Gibbons were writtenV \. ; • ' ; /' ' •Gibbens Tafter reading note) : May I cbmment at. this . stage, your worship, that Cornish ought to be. charged for perjury? "•■-.. S.M.: No, you may say nothing just now. / Complainant continued that the night of .Wednesday, August 29, was the last occasion , on which Gibbens had used : insulting language to her, but prior to that he had done so every time he had seen her. ' 'In ahsw;er to the. magistrate, Mrs. Gprnish said the real cause of the trouble was jealousy; . • . "* Gibbens was , drawing Cornish out arid wanted Cornish to hit him so that a case could be made out of it. have made up my mind," said complainant m a plaintive tremor, ..''that I will not be insulted by him. 'We. know Mat he tells ,the nelgh- ■ ..V borhood and I am not a cadger or a spieler. As for my clothes they rare all bought and paid for." . Gibbens then, moved into the attack, and asked on what dates did "he use the language alieged. . Witness: It upset me so that I cannot remember the dates, but I know it was several times within the last three months. ;. Last Wednesday was the last ' time.- ••■ '-.■...' ; - ; ■■'■.■ ' •". ■ ■ ;■■ .;■■; '. ': ; S.M.: Wliat did he say;: then? , ' , Ethel declined to , repeat the words, but wroite them down for the magisr trate's ihspectipn.v < »• •■■ • ••' Gibbens:' Are you : sure that I said all these filthy things?— Tea,, but you have been shrewd enough' to "say them when "there is no one about; - „ : Do'iyou^ drink, Mrs. Cornish ?— No. ;Do you smoke?— Yes, a little, r : Have you ever, come to my place to borrow, food?-—^No. ■ • Haven't you ' come cadging cigarettes ?-rNot. ; for. myself, . ;;; i Hiaveypueyesr sent- any notes around the neighborhood cadging for food? Witness- (indignantly) : -Never on your sweet life. ' .' , . 5-Haye .you* ever sworn at the storekeeper?-^^. •• '.'';■ ■■\""'. iliiiHiiiiiiuiiiiiiiiiiiiiiiiiiHiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiniiiiiiiiiiiiiiiiiiiiiJii-

The Sight of Two Neighbors Barnying With Each Other Across The Courtroom Provides Plenty of Fun

GIBBENS WINS RUBBER

(From "N.Z. Truth's" Special Christchurch Representative.) The city of Christchurch rocked ivith mirth last week at the unusual methods' of American court procedure as unfolded at the "Trial of Mary Dugan,' but Theatre Royal patrons were not nearly so pleased as the handv /u/ of people who were ptesent m the Magistrates Court v»hen the family differences of Ethel Minnie Cornish and Alfred Langley Gibbens Were ventilated. :-' ■. ■;■•■ :■•■'■•;.:;. ;- . ■' '* ■- ■ ' : . -: ■ ' -\ . ■

The magistrate: What Is the purpose of that question? ' .. Gibbens: Well, sir, she has been trying to blacken me. *' . Magistrate: And you are trying to blacken her? ■ \Gibbens:. Retaliation, sir. 1 As Mrs. Cornish left the box she froze Gibbens with a derisive, sneer, took ovk* the custody of the chubby infant, and sent her spouse, Horace Norman Cornish, to -speak his . piece on her behalf. Unfortunately for Cornish; he suffers an impediment m his speech, but this did not deter him m his wholesale condemnation of Gibbens' intimidation tactics. \ "This man, your worship, has not left me alone for three months," said Cornish- with an air of injured innocence. ;'■■' ■■.... ' "Only this morning he threatened to do for me if the order was made binding" him over to keep the peace. "He has threatened me on divers occasions and once I had to write to Mr. H. P. Lawryy S.M., about him.! ; "He once called, me a • gaolbird and I told him I would get him bound over. "He. said: 'Have a ■ pop at if." vmimiiiiuiiiitiiiiiiiimiiiiimtiiiiiiiiiiiinniiiiiiiiiiiiiiiiiiiiiiiiiiiiHiiiniiiiiiimiiiiii

S.M.: And here you are having a pop, eh? By way of comment Cornish added that he was not personally afraid of Gibbens, but Gibbens was not a man and was the sort who would "put the boot In when you were down." .Gibbens again rose to the attack and hit' Horace to leg with a battery of pertinent "questions.. . Can you, call to mind three, months ago when you took an axe to me? — No, I can't, but I ordered . you out of my house. I use my ■■ fists - ■•■.■''- ■■■■■ . ..-■ '■ ; -. ■■■ After Cornish had answered further ' irrelevant questions, Gibbens turned to the ■ magistrate with an air of disgust 1 and remarked that Cornish's statement was a tissue of lies. ' j Cornish: The same as Burwood was, umph? ■, . Gibbens: Did you not say you would kick me m the?— Yes - — — ? — Yes (proudly). :•: ■ -• '■ ' Is it not a fact that you have been around, all the neighbors borrowing and cadging?. ; > ■ ' . Cornish: Only by reputation. Have you ever borrowed off me? r ' Gibbens: You I .. have nothing to borrow. ' ■ ■' „r ' ■ ■ . ■ ; - : ; ■ ' Cornish (heatedly): You borrowed half a crown off me and you still owe me 4/6. " '■■■. . ' • ! A further statement by Cornish was ! drowned m the laughter which echoed around the courtroom. .

Gibbens then produced a torn, shirt and singlet and asked Cornish if it was not a fact that he tore the garments from Gibbens' back. : : Cornish (aside to the magistrate): I did it m my own house, sir, when he would not leave. ■ In answer to . a further question Cornish said his wife's statement' of what Gibbens had said was true and witness knew Gibbens would say it again^ as soon as he got out of the court. ; Gibbens: Is it not a fact that you got Mrs. Cornish to take this action because you couldn't? — No. Are you not bound over yourself to. keep the peace, and were you not fined £2 for a breach of the peace?—-Ab-solutely no. Didn't you get a pot of potatoes over your head from your mother-inrlaw? S.M.: How long ago was that? Gibbens: Twelve months ago^slr. S.M.: Well, that has nothing to . do with this case. You keep your ,hot potatoes to yourself. , The case, for Gibbens was a complete denial of the charges made by the Cornishs, and his first witness was a portly woman, Maud Howard, who iiiiiiiniiiiiiiiiiiiiiiiiiiiiiiiiiiimimiiiyiiiiiiiiiimiiiiiiiiiiiimmiimmiiimiiiiiiiin

described herself as Gibbens' house-, keeper. . , " Her residence m the "Gibbens shack m Racecourse Road had been anything but pleasant on account of the assaults which E/ie alleged the- Cornish tribe so frequently made on Gibbens' larder. Witness held m her arms an m.- . fant belonging to Gibbens and between answers to questions she amused herself by chuckling the child under the chin and adjusting the dummy which decorated the lower portion of its face. On the Wednesday preceding the case, she said, she and Gibbens were on the way to visit a Mrs. Salt, a neighbor of Mrs. Cornish, and she overheard Cornish saying something about Gibbens being iflned £5 that day which she believed 'to \be< m connection with Gibbens and the Burwood harboring cases. She heard Cornish say to Gibbens: "I'll kick your — - — -r. — -.'• '.. Witness went on to spill a tear m favor of Mrs. Cornish. "The way Cornish stays home arid smokes while she goes out to work is disgraceful and he should be' ashamed of himself," the. witness declared.. She was m Mrs.. Salt's scullery and could hear/ all that was said between Gibbens.'and Cornish. .'.; She^ denied that Gibbens ever used the words attributed to him. When Mrs. Cornish dashed up from the back of the court to conduct her cross-examination there was another

iiiiniiiiiiiiiiiiiiiiiiiiiiiiutiiiiiiiiiiiiiiiiiiiiiiiiiiiiiimiiiiiiiiiiiiiiiiiiiiitiiiiiiiiiimiii "Cornish should be charged with perjury," said Gibbens after the witness had accused him of using bad language. "It is a tissue of lies." iiiiiiiiiiiiiiiiiiijiiiHiiiimiiniiHiiiiiimiiimiminiiiiuiiiHimiiiiimiiiimiiMiimiu ripple of laughter and a bout of unintelligible gabble passed, between her and the 'witness before Magistrate .Mosley called. a halt. Mrs. Cornish: How do you know I go out to work? Miss Howard: I've been told. S.M.: Well, don't tell us what you've been told. Only what you know. Mrs. Cornish: Why do you feel so sorry, for me? — Because, of the way -he treats you and makes you run his messages. •■ : ; ... . , S.M.: Do you suggest, witnoss, that you are sorry for a woman because Bhe runs her husband's messages ?-— Yes) sir, I do. ; The next combat was between Agnes Salt, a married woman, who occupied the house next door to Cornishs, and said the latter family had been a source of annoyance through their cadging proclivities since their arrival m the neighborhood. Gibbens at one stage attempted to intervene m the torrent of cross talk going on between the two women, but was politely reminded that the witness was m the hands of the magistrate and to mind his own business. Mrs. Cornish: Dp I ever interfere with you? ■' , Mrs. Salt:. What did you do when you went to — — . ; „ . ■'/;.■" S.M. (impatiently): How do you know what she did? "■ Witness : I was told. S.M.: Well, don't you dare to tell this court what you were told. Mrs. Oornish: Isn't it a fact that. l turned you down because of your borrowing? * Mrs. Salt: I only borrowed from you because you never paid back what you borrowed from me. Further argument between the .women was stayed by the magistrate who ordered the witness to stand down. Her place was taken m the . box by Gibbens, who m the course of a long story denied ever using any filthy^ words to either Mrs. Cornish or her husband. . ' "I was up on the harboring charges last week," said Gibbens, "and Cornish has been going about saying that he hoped I got three months." Personal Queries S.M.: Probably he would hope so. Gibbens alleged that Cornish had been a real .pest, m that he had "pratted his frame m" as soon as he came to the district. The 4/6 which Cornish alleged was owing to him was for three tin 3of tobacco for. a Wager on the population of Auckland and Christchurch. Gibbens lost. Glbbensjjwent on to relate an occasion m June when his landlord was visiting h^m. Mrs. Cornish came m, he said, and asked for some tobacco for "Horry," and also said: "What about a. tailormade?" • T '..,, '■ Gibbens resented such conduct before his guests and told the Cornishs off about it. On another occasion, he said, when he was visiting Cornish, Horace took to him with an axe and chipped both his wrists as he raised his arms to defend himself. : • A {ex* personal questions were then put to Gibbens by the magistrate, \vho asked him why he was so familiar with court procedure. "I was m the harboring cases last week, sir," replied Gibbens. . Been m the court bef ore ?— -Yes, for the maintenance of my, wife. Ever been m gaol?— 1 was released on the payment of .part, of -the amount due for maintenance. ■ The case was concluded by a brief crbss- examination of Gibbens by Cornish.v In answer to Cornish's query as to what he had ever cadged, Gibbens replied: Foodstuffs, tobacco and money. Cornish: Well, How can you afford to give me money when you cannot afford to maintain your wife? All you gave me is what you previously borrowed off me. Gibbens: Fortunately for you I was never home, when you came. t6 borrow things. , Cornish: The only time, l was m your house was to get back the half crown you borrowed from me. You leave my home alone m future and don't hang round at night, with those white shoes on. If I catch you m there you won't come out. . \ Magistrate Mosley put the damper on any further discussion by intimating that he was not satisfied, with the evidence and. accordingly dismissed the information^ . :