R.M. COURT, GISBORNE.

Poverty Bay Standard, Volume I, Issue 267, 23 October 1884, Page 2

R.M. COURT, GISBORNE.

Insulting Language. Mr. Thomas Duncan McDougall, of Gisborne, Solicitor, was charged this morning, under the Vagrant Act, with making use of insulting words, on the 17th of October last, towards Mr. E. P. Joyce, publican, of the following effect, “ Joyce advised the plaintiff to bring the matter into Court, and then advised the defendant to hush the matter up. Joyce was the cause of bringing the case into Court,” in a public place, to wit, in the Resident Magistrate’s Courthouse, at Gisborne, whereby a breach of the peace may be occasioned. The case was heard before C. Thompson and C. Gray, Esqs., J.P’s,

The complainant was not represented by Counsel as, he stated, he could not obtain any of the solicitor’s to act for him.

Mr. DeLautour appeared for the accused, and submitted that there was no jurisdiction in the bench on the information, as laid by the complainant. The information was not correctly laid. The Act divided the information into two parts, one was for using abusive language, with a deliberate attempt to provoke a breach of the peace, the other was whereby a breach of the peace may be occasioned at the time the words were spoken. Their Worships would have to take the words in the information as being within the meaning of the Vagrant Act, but they were not. The complainant contended that there was ample power vested in the bench to hear the case. He admitted there was no breach of the peace but that was the very reason why the information was laid, as there might have been a breach of the peace if the occurence had not taken place in the R.M. Court. Mr. DeLautour said the Act laid down that a breach of the peace may be occasioned at the time of the language being made use of, and not afterwards.

The Bench, after consultation, decided that the charge as far as the information went, showed nothing that would cause a breach of the peace on the part of the complainant. Mr. Joyce said the words made use of imputed base motives on his part, and that was why the information was brought. One sentence in the information contradicted the other. Mr. DeLautour said he would not ask for costs, though Mr. Joyce had shown much hastiness in the matter. Mr. Joyce submitted that the case was not dismissed and their Worships should sift the matter out and ascertain what occasioned the words complained about. Their Worships again stated there was nothing to cause a breach of the peace, and they would, therefore, dismiss the case. Mr. Joyce asked on what grounds the case was dismissed. Their Worships replied that they did so, the wording of the information did not come within the meaning of the Act. Mr. Joyce gave notice of appeal.