R.M.’s COURT.

Poverty Bay Standard, Volume II, Issue 146, 12 March 1874, Page 2

R.M.’s COURT.

A special sitting of the Court was held on Tuesday morning, by W.K. Nesbitt Esq., R. M., to hear two charges of abusive and insulting language alleged to have been made use of by Mr. Corbet Gourlay towards the police in the execution of their duty. Mr. Wilson prosecuted, and Mr. Cuff defended. The first charge was laid by sergeant Stanhope, who deposed to having been on duty in the Music Hail on Saturday evening last, when two men complained to him that admission was denied them to the Hall, after paying their money. A complaint was made to him that they had been disturbing the audience, and he suggested that their money should be returned to them, so as to prevent any further annoyance, whereupon defendant said “ d—n you, who are you ? You are a low constable, d—n you, don’t talk to me.” By Mr. Cuff: Defendant spoke to me first. I did not call him a low strolling play actor. I said, “ who are you ? I suppose you are one of these strolling play actors ?” Constable Joyce corroborated the evidence of Sergeant Stanhope. For the defence: Mr. Gourlay, senior, deposed to having given his son particular instructions to keep order during the performance. W. Barsdell, deposed to having heard the conversation that passed between the police and defendant. Sergeant Stanhope demanded the money to be returned to the men who had been noisy. Defendant wanted to know by what authority he acted thus, and Sergeant Stanhope pointed to his uniforih, whereupon defendant said “ d—n you and your authority” Sergeant Stanhope replied “you are a low strolling play actor.” Richard Nash corroborated previous witness in so far as he heard what took place. The Bench considered the charge proved, but taking Sergeant Stanhope’s taunting remark into consideration, a fine of £2 and costs only would be inflicted. A similar charge was laid by Constable Joyce. He gave evidence to the effect that “in all his life he had never heard more disgusting language, even in the lowest kind of brothels, than that made use of by defendant.”

Henry Clements and W. Barsdell gave contradictory evidence. Mr. Corbet Gourlay, in addressing the Bench said he denied having made use of the language imputed to him. The police had perjured themselves, and they had brought the charge out of spite. He heard them say, “ they would make it a caution to him.” The R.M. said he must inflict a fine of £3 and costs ; but as he was desirons of not increasing the penalty, the professional fees should be paid out of the fine.