INJURED INNOCENCE.

Southland Times, Issue 634, 20 February 1867, Page 2

INJURED INNOCENCE.

(to xhe editob of the southland times).

Sib, — The decision .of the Resident Magistrate in the case L. Rodgers versus Kingswell and others, I think, deserves more than an extensive report in your paper. It has been too commonly charged against the R. M. that he prejudges by his own feelings or fancies every case in which he is called Upon to adjudicate, and the one in question affords an ample proof that his feelings — not the evidence-r-lead him to suppoft the cause of the complainant, whose melancholy expression of injured innocence when he asked for a seat and a drink of water before he could proceed with his complaint^ entirely carried away the heart of our simple-minded Magistrate, who defended the gentleman Rodgers with great warmth, by unfortunately ignoring the evidence and impugning the veracity of every one of the witnesses, both pro and con, in the case: Vide Teport of proceedings. The complainant establishes his case thus : — That he had been associating with certain butchers on the way home from Invercargill Races — that he was racing on the public highway for " Nobblers round"— *--■ that he lost and " shouted for all Tiands" like a man. He continued to fraternize with the party, but foolishly expresssed in their hearing his disgust at a bookseller being seen by the ladies in the society of a mob. They pardonably I think exchange sport with the gentleman who familiarly enough insulted them to their faces. A few practical jokes are exchanged, and the complainant says, being nervous (the defendants say, being slightly inebriated) he , for greater safety gets off his horse and lays in the ditch, and like a child ? (so says the evidence) cries. He seeks redress at the R. M. Court. His witnesses give him a fair character for sobriety and good conduct, : and each of the defendants are mulcted in costs and penalties, beside a certain doctor's bill, which this specimen of injured innocence has knowingly incurred, and brought to court receipted. So stands the case with the gentleman in the case. For the defence witnesses, summoned by the complainant, proved that the whole affair was a friendly escapade, neither beneath the dignity of a stationer, nor an uncommon scene on a highway to a race-course. Kingswell proves that he caught Rodgers's horse when he was unable to retain it himself. Cummings also proves that he kindly reseated the rider when he was unable to mount himselt. In fact, all the defend- | ants, thinking it was more his dignity | than his person he was afraid of, gave him the sound advice that if he paid all his cheques and bills he had no reason to be afraid of the ladies. The defendants sought further to establish that Rodgers was elated with drink, in fact had conducted himself as well as any one is expected to do who attends races, and particularly for one who could run races for " liquors round." It was no use. The R. M., would not hear it. The defendants further tried to show that Mr Rodgers is addicted to practical jokes himself and even fights for the sake of them in public places, and on public holidays it was of no avail, as, independent of evidence, Kingswell is characterised as a leader of a mob, and Mr Smith's evidence as little better than falsehood. The magistrate inflicts the penalty of five pounds on Mr Kingswell, and who can estimate the penalty inflicted on Mr Smith? That a magistrate should so conduct a case, and treai the parties concerned in a manner so uncalled for- has enduced .your corres^. pondent to trouble you with a special notice of this most insignificant case, although it did engage the exclusive consideration of the R.M. Court for two days — a fact which, taken in connection with the large fine inflicted, speaks mpre for the desire his worship has to magnify his office and increase the revenue of his honorable court than dispense equalhanded justice between this gentleman and the honest Butchers. .--..-. Justice,