RESIDENT MAGISTRATE'S COURT.

Southland Times, Volume I, Issue 29, 17 February 1863, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before M. Price, Esq., Ti, M.) Fkihav, 13tU Ff.uuuary. Ass.\n.TTNG an Editor. — William Parker w.is placed at thp bnr and chnrgorl wirh li.ivina i , on the 12tli intrant, c.iiirkicted himself in a disorderly nnd violent nunincrin Dee-street, so as to j)rovoke a breach of the pence. Mr South, who was present on behalf of MV Smallfield, complainant in another case against the prisoner, asked if it would be gone on with ? The prisoner said that the other summons had not been served upon him, and after s ime discusion he craved for time to prepare hi« .defence. Mr Sonth apprehended it was not a case where time could be given. It was a simple matter of guilty or not gu'lty. The Hcnch always liked to pive every advantn.ffe to a party before finding him s'ui'ty. Mr South thought lie should be called on to plead to the information and if requiring any fresh evidence, the ca^e could be rctranded. lie (Mr. South) would not object to a remand, provided prisoner was not allowed to walk about the premises of Mr Smallfield with a thick stick. After some further discussion, the Bench, decided on hearing the case, which was accord : nply proceeded with. William Pye, police constable, on being sworn stated that, on the day previous, he observed prisoner coming out of the Albion Hotel witli a large stick in his hand. He proceeded up Dee-street, to Mr Small field's office. Reappeared to be in a very excited state. Wittness ■watched him going into the verandah, facing the street, of the Prince of Wales hotel, where heremained tillMrSmailfield came forward, opposite the hotel. Prisoner then went out, holding the stick in a menacing attitude. Witness proceeded to the spot, but before he arrived, the stick was taken from the prisonr-r. Advised him to so away, when he put his fist in the face of witness and made use of bad language. Prisoner asked what language lie used, and being answered 6aid he had no more questions. Oco. Smallfield was proceeding to his office with his partner, Mr IJain, when they saw prisoner with a thick stick. From what had taken place before, witness apprehened an assault, flilentiticd the stick, which was a rou^h piece of root con=id> rably thicker than a man's thumb.) When prisoner came forward the stick was rested from him by Mr Bain. The stick was raised in a threatening attitude. The policeman afterwards came up and witness retiied. Prisoner had no questions to ask and no farther evidence was adduced. , Prisoner in defence said he was not proud to be there in any case, but he was proud to be there to defend his character. It was quite

true what the witnesses had said and quite true what he intended doing, but it was right he should have an opportunity of giving his reasons for pursuing such an extraordinary course. With the leave, therefore, of the Bench, he wold read a paragraph in connection with the report of a case tried in that court. The Bench— l presume anything between you and complainant could have nothing to ilo with the constable ? Prisoner — I need hardly say that in such cases, all the peculiarly nice attitudes cannot ba observed. The Bench — It cannot avail in the present case, whore you are charged with conducting yourself in presence of a constable so as to provoke a breach of the peace. Prisoner — Of course I must submit to your Worship's decission, but I hoped I would be allowed — • The Bench — Not as regards the constable. What has he to do with letters and reports ? Prisoner had no other evidence to offer and his Worship said he would defer judgment till he heard the other charge. Prisoner said he was not prepared with his defence for it. The Bench would give till two o'clock, and prisoner thought he would be ready then. Mr Smallfield here got into the witness box Bg~.in, and deposed to being in bodily fear of the prisoner. .After some discussion prisoner was removed in custody ; the sergeant of police having orders to subpoena any witnesses he si". nild desire. The Court resumed at two o'clock, when Mr Barker was accused of having, on the 12 'i iistant, at In vereargiU, assaulted George Smallfield, by striking him on the head with a stick, contrary to the statute in such cases made and provided. Prisoner who was undefended, confessed that he ha<l struck c- :nplainant, but very likely not upon the head — upon the back. Mr South, who appeared for the prosecutor, apprehended that since the accused pleaded guilty, the case presumed itself as an assessment fur damages ? No evidence that might be called could increase the gravamen of the offence — it was tantamount to evidence given against him. The Bench — Then judgment follows? Prisoner — No, guilty under very extenuating circumstances. Mr South — The doctrine I certainly never heaid of, aud I protest against it as a monstrous one. The Bench — There maybe such a case. He may have been assaulted, and in self-defence committed the assault charged. This would be an extenuating circumstance. Mr Sou h — lie 13 cliarged with a specific assault in the infovma.iou, and pleads guilty. The Bench — Surely if a person attacks you, and you in self-defe'ice strike him, the law says it is justifiable '? (Mis Worship here quoted several cases from "Allison on Wrongs and their tieinedits.") The discussion continued for a time, and wns ended by the Bench advising prisoner to plead not guilty, as this at once would waive the objections raised by Mr South. Prisoner — Acting on your honor's suggestion I ple.id not guilty, though it is contrary to my principles and feelings. Mr South then stated the case for the prosecutor at length, and stated that he would be surprised if any extenuating circumstances could be found in .an assault of that nature. It wss impossible that there could be any extenuating circumstances in the correspendv?nce. for though an editor called another a swindler, it would not be an extenuating circunistnnce for an assault on the editor. George Smallfield, editor, and one of the pioprietors of the Southland Xews, was then examined. Knew the prisoner, and saw him the previous day at 6 o'clock. Was writing in a private room when his clerk called him out on a matter of business ; prisoner entered then and spoke to him. Witness said, ''Well Mr Barker, what do you want? " He replied, " Did you receive a let tor from me ? " Witness said '* yes," aud he answered, " I wrote you a second letter to which you l\.ivenot replied." Witness said % ' no, because tlkUiVst was quite . sufficient, but if you have cause of complaint write me a letter, and it shall be published in the paper." ; -Mr South here called the attention of the - Court to the fact that this had nothing to do I with the case. ! The Bonch concurred, but as it was Mr South"s own witness under his examination, • | the Court did not like to interfere. j [ Examination continued — On giving that | answer prisoner said, "is that all you have < to pp.y ?" then he struck w'tnesa over the ! head with a stick. (Identified the stick.) ' Witness grasped the stick, which was then J wrested from prisoner, and he was ejected. . Saw him again that evening on rcturuinu; - from court, where witness hid been to obtain . a summons. He had another stick in his ban i . then, and ultimately was given in charge to t the police. When a man struck another ov.t : the head anil comer- again to strike him, wit- » tress thought an assault was to be appre- I bended. Prisoner was so excited he would com nut a*iy assault upon w'tness if found alone. Witness did not consider hhnsel f . safe. Prisoner had no questions to ask. \ Mr E. Cns^ersaw prisoner on the previous v day in the hall of the Prince of Wales lintel. c He had n s ick in his hand. (Shown a thick ' slick like a carter's rick pin.) That was tho stick or something like it. Thinking lie had c business with witness, ;isked him, and ho said t he was waiting on Mr Smallfield, and if ho ; did not got an apology irom him he would f horsewhip him. Witness endeavored to take fi the Ptick from him. when he shook his fist in I: the face of witness. Prisoner explained alter- <i wards it was a way he h.id of showing his ° attachment-. (Laughter.) Did not apprehend f, any danger from prisoner. The interview ' then 'erminated with him flourishing his fist. in the face of witness. (Laughter) Did not .j wait to listen if he said any thing further r after that. (Renewed laughter.) Mr McDonald and Mr Evans gave corrobo- l! rative evidence, and this closed the case for s the prosecu ion. a Prisoner on being called for hi? defence* j said he was proud to have that opportunity of fi defending his chaiacter, and producing v a bundle of papers was about to Tend from them s\ when ft discussion ensued between the Bench, a and Mr South as to whether lie should be allowed. His Worship deciding that prisoner " was only acting a9 counsel would do. the pri- " so'ier rc-ad the following paragraph, which "' appeared in the Southland Netcs in the report c of a ca.-e " Harris v. Barker :" — Win. Baiker was then put into the witness-box. The publie are already familiar with this man's line j of evidence. It was simply a repetition of o the old song which he has so often piped in h that witness-box before." Prisoner next a wanted to read some correspondence which c. had prssed between him and prosecutor, wlr;-n the Bench interfered and would not al- Cl low him to proceed, as the lettcis in question B \ ought to have been produced to the prosecu- ri tor when under cross-examination." Mr South said that prosecutor was willing to p afford prisoner every facility in stating his C( defence, and was ready to go into the witness p box again and answer any question prisoner might ask. Mr Smallfield was again put <>; into the box, but a3 the questions put had no tl be ring on the case, the Court proceeded to c ' deliver judgment. In doing so the Bencli Vl commented severely on the nature of the as- "' sauit and the motives which led to it. In such '' a case the magistrate considered imprison- '? r mont and not a fine should be inrliced, but y fortunately for prisoner the prosecutor had c; interceded for him. In these circumstances lithe highest pecuniary sentence would be in- iv flictcd, which was that prisoner be fined in « £5, and find security, himself in £50, and two '*> sureties in £25 each, to keep the peace for Sl six months. c j