RESIDENT MAGISTRATES COURT.

Oamaru Mail, Volume IV, Issue 880, 10 February 1879, Page 2

RESIDENT MAGISTRATES COURT.

THIS DAY. (Before J;imes Hassell and T. A, Clowes, Esqs., J.P.'s) STRAY CATTLE. Robert Aitken, for allowing a horse to wander at large, was fined 3s. INDECENT LANGUAGE. Jane Paul and Sarah Whyte, alias Gorman, wore charged with having used indecent language within the hearing of the public, on the 4th February. After evidence had been taken, the Bench inflicted a fine of L2 upon each accused, with the option of going to gaol for seven days. The fines were paid. ABUSIVE LANGUAGE. Theresa Smith, a married woman, was charged by Alexander Marshall with having, on the 3rd instant, used abusive and threatening language towards his wife. The complainant also prayed that the 'defendant might be bound over to keep the peace. Mr. O'Meagher appeared for the defence. Accused pleaded " Not guilty." The complainant and his wife were examined, the evidence being that on the day in question the defendant had gone to the plaintiffs house, and having kicked in the door, eallod upon Mrs. Marshall, in not very choice language, to come out, expressing a determination to "do for her." The defendant had also broken some windows, and otherwise misbehaved herself. Mr. O'Meagher submitted that the evidence had fallen short, as no evidence had been taken, as required by law, to show that the application to have the defendant bqund over to keep the peace was not made " out of malice and vexation." After argument, the Bench overruled the objection, and expressed their intention to bind the defendant over to keep the peace for six months—herself in L2O, and two sureties of LlO each.

Mr. O'Meagher : Then allow me to say that your' Worships have gone a little too fast. The judgment is an illegal one. I intimated that I had witnesses to call. Mr. Clowes : I understood you to say that you had no witnesses. Mr. O'Meagher • I beg your pardon. I distinctly said that I had witnesses ; but I first raised the law points. Am Ito understand that you overrule my objection ? S I Mr. Hassell :We overrule it.

Mr. O'Meagher: Then I ask your Worships to take a note of my objection. The objection having been noted, Mr. O'Meagher argued at some length to show that the information was not supported by evidence. The defendant, on being placed in the box, stated that for some time she had almost entirely kept the plaintiff, and his wife ; tljat the plaintiff had been ordered out of the house by her husband for using strong language in reference £q a gentleman in Oamaru ; that tie plaintiffs wife had commenced the quarrel by calling witness an impolite name, and that she had retaliated in a similar manner. The defendant, however, denied having made use of the words stated in the information, or that she had broken the windows. She also stated that the plaintiff had made overtures to her of an unbecoming nature, and that iu cpnsequence her husband had fold her not to have anything tp say to the plaintiff. John Smith, husband of the last witr ness, also gave evidence. The Bench then said that, having heard the additional evidence, they were inclined to modify their decision, and would require the defendant to find two sureties of • La, and her husband in L 5, for her future good behaviour. ''

Mr. O'Meagher : Then I am to understand that, notwithstanding the rebutting evidence given, your Worships consider the case proved, and decline to infer malice from the conduct of the complainant and his wife. Mr. Hassell: The peace must be kept. Mr. O'Meagher : At the expense of the defendant.