RESIDENT MAGISTRATE'S COURT QUEENSTOWN.

Southland Times, Volume I, Issue 50, 1 May 1863, Page 3

RESIDENT MAGISTRATE'S COURT QUEENSTOWN.

22nd Apkil, 1862.

(Before J. N. Wood, Esq., 8.M.)

(FBOM OITR SPECIAL COEBESPOKDENT.)

Thatcher and the Southland Agent. — Charles P. Thatcher appeared on summons to answer to the complaint of Edward Jackson, Southland gold agent, who complained against defendant for having made use of threatening and abusive language towards him on the 14th inst., calculated to cause a breach of the peace, and having on the same date, at the Royal Hotel Concert*

rooms, sung scandalous songs respecting him. Defendant pleaded not guilty. ; Edward Jackson, on being sworn, deposed—jl: am agent for the Southland Government, stationed at Queenstown. About 10 o'olock on the morning of the 14th inst. I was down Rees-street with a friend, from whom I learned that defendant had been singing objectionable songs about me the previous night. At this time I saw defendant, and left my friend to speak to him. I taxed him with, 6inging abusive songs about me, and told him he should be punished for it. Defendant told me not to make a disturbance, and asked me to walk towards his tent. We conversed on the nature of his songs as we walked along. When we arrived at his tent he charged me with having threatened to horsewhip him. Some high words then ensued, when Madame Vitelli came out, accompanied by Mr. Livingstone, and requested us not to quarrel. Mr. Thatcher pointed with bis closed hand towards a hill, and asked me to go up there with him and fight it out. I replied I would not walk up the hill with such a blackguard, or words to that effect. I turned round and walked away. When I was about twenty yards off he called me a d- s . and said be would kick

me. I walked on, and took no notice of him. When I was walking up the street with him I told him that if he did not apologise I would adopt legal proceedings. He refused. I did not hear defendant sing the songs referred to on the 13 th and 14th inst., but was informed by reliable parties.

Cross-examined by Mr. Thatcher — I was walking with Mr. Manders when T first saw you, and left him to speak to you. I did not catch hold of your coat, I put my hand on your arm. I did not do so in a friendly way. Ido not recollect saying that if you did not apologise I should thrash you in the public street, but I may hare said so prior to having seen you in the street. I did try to borrow a horsewhip from Mr. Clements. I have heard of, but did not see, an offensive article about the Southland agent and the safe published in the Otago Daily Times. Ido not remember hawking potatoes about Queenstown. I never did so. I believe I did sell a bag of potatoes to the "Wakatip steamer. I also sold some to Rebello and Co., of the El Dorado Hotel, and to Johnson, of the Royal Hotel. I did not carry samples in my pocket. I know the Boatman's Arms. Ido not recollect trying to sell potatoes there. I do not consider that my character is affected by selling potatoes. My character has been affected, however, by the songs complained of, inasmuch as you have accused me of employing the Southland police selling potatoes, and also of turning the Government safe into a potatoe store. I have put some of my own private articles inside of the safe, but not my potatoes. Ido not remember seeing porter or cigars in the safe. I never used such words as swindler, robber, or rogue in connection with you.

Alexander Livingstone deposed — I am a musician, residing at Queenstown. On the rooming of the 14th inst., about 10 o'clock, I saw Mr. Jackson, in company with Mr. Thatcher, about fourteen yards from defendant's tent. Mr. Jackson was telling Mr. Thatcher to apologise. Mr. Thatcher said he would not. I heard some talk about going up the hill to fight, but cannot say from whom it originated. High words were used on both sides. Mr. Jackson said hfi would send Mr. Thatcher a lawyer's letter. Mr. Thatcher raised his hand, and asked Mr. Jackson to go up the hill and fight it out. Madame Vitelli then came out of her tent, and asked them not to quarrel. I did not hear Mr. Thatcher make use of any dirty or obscene language.

Cross examined by defendant — I think if you had used any dirty or obscene expression I would have heard it. When I next saw Mr. Jackson he told me he had instituted legal proceedings against you. I told him that I considered he had acted imprudently.

George Clements deposed — Am a slaughterman at Queenstown. On the 14th inst., in company with my brother in the street, met Mr. Thatcher, who told me he had that morning threatened to kick Mr. Jackson. On the night of the 13th inst. heard Mr. Thatcher sing a song concerning Mr. Jackson, in which he stated Mr. Jackson was in the habit of stowing potatoes in the Southland safe. Did not consider the song in itself of an offensive nature, except that in singing it he imitated a defect in Mr. Jackson's voice.

Cross-examined by defendant — It was previous to the quarrel between Mr. Jackson and you that I heard you sing the song referred. Remember telling you that you had better look out, as some person wanted to borrow a horsewhip to give you a horsewhipping. Told you so on more than one occasion. Believe that the meaning conveyed in your song was that the Southland government safe might he used as a potatoe store in the event of its not being wanted for gold.

"William Bruce, having been Bworn, deposed — Am a storekeeper residing at Queenstown. On the right of the 1 4th inst. heard Mr. Thatcher sing at the Royal Hotel Concert-room a song concerning Mr. Jackson. There was a reference in the song to Mr. Jackson having made use of the Southland Government safe as a storeroom for potatoes. Mr. Jackson was represented as having left off " touting " for gold, and going round crying out " Do you want any potatoes ?" The song said —

He used to go touting for gold, But for Southland no longer he cater 3; Doesn't ask if you've got gold to sell,

But says, "Do you want any taters?" The song was nofc sung in a mocking strain. Did not consider it scandalous or abusive. Do not think Mr. Jackson would hare done right had he employed the Southland police in going round to sell potatoes, as in the song. Ido not consider that Mr. Thatcher's song would injure Mr. Jackson with the Southland

government* I .consider tko Southland superintendent would only laugh at the song as a good joke if he heard it sung. Do not think that, if I had been in Mr, Jackson's place, I should have been incited to commit a breach of the peace. Cross-examined by defendant — Have been mentioned by you in some of your songs.^ Do not feel aggrieved, but look upon it as a harmless joke. Henry Mandere, sworn, deposed — Am reporter for the Otago Daily Times residing at Queenstown. "Was at the ftoyal Hotel Concert-room on the night of the 13th inst Heard- Mr. Thatcher sing a song wherein Mr. Jackson's name was mentioned in connection with potatoes. The expression in the song was that instead of "touting" for gold Mr. Jackson would be saying " Do you want any taters ?" Am sure that on the night of the 1 3th Mr. Jackson's voice was not imitated. The safe was represented as a very useful store room for potatoes. On the night of the 13th inst. there was a reference in the song to the "big crusher " that stood at the door. Had a slight impression left on my mind from hearing the song that the; "big crusher" had been used as a medium to sell Mr. Jackson's potatoes. "Was in company with Mr. Jackson on the morning of the 14th inst. When I saw Mr. Thatcher Mr. Jackson left me, and went to speak to Mr. Thatcher.

Cross-examined by defendant — I have made comments upon your songs in my reports. They were generally favorable. Consider your singing about Jackson in that manner a breach of privilege. This closed the case for the prosecution.

Defendant then addressed the Bench, and respectfully submitted that there being no newspaper published in Queenstown, he simply acted in the capacity of an evening chronicler of events, and made reference to Mr. Jackson selling potatoes, and the use to which his safe might be put in the event of the escort collapsing, amongst the other numerous local songs he sang for public amusement. He bore no animosity or ill-will to Mr. Jackson or his safe, but simply thought them fair game for comment, the one being a public officer and the other the property of , a neighboring province. He, therefore, left himself in the hands of the Court.

The Resident Magistrate, after a few remarks, fined defendant 20s. and costs.

The fine was immediately paid, and defendant left the court loudly cheered by a concourse of listeners outside.