THE SCENE IN THE MAGISTRATE COURT AT GORE.

Temuka Leader, Issue 1705, 1 March 1888, Page 2

THE SCENE IN THE MAGISTRATE COURT AT GORE.

(Otago Daily Times.) In our issue of Saturday, the 18th, we gave a telegraphed report of an "Extraordinary Scene in a Police Court at Gore." The following is a derailed report of the whole occurrence by our ■pecial correspondent i On Friday last the 17th instant, at 11 a.nj,, at the Court, Gore, Hugh Borland, aliat Hugh Brown, was charged with being drunk in the main street-, of Gore on the previous day. One 1 Justice of the Peace sitting alone oould ' deal with such a case, and »s it was Mr Simßon's turn on the rota of justices to si* on the Bench the police had asked him to sit, which he did. Accused pleaded Guilty, acid Mr Simson said that «s it was accused's first offence he would be convicted and discharged, Aocused proceeded to give his sincere thanks to Mr Simson. After Mr Simson had left the Beach and Borland was outside the door, the tatter was rearrested by the police on a charge of obtaining 2s by fulse pretences, it must be explained that * charge of this nature must be heard before twe justices, and it was therefore impossible to go on with the hearing at once before Mr Simson, aod tl)6 Clerk of the Court accordingly summoned for 3 o'clock the same day the two justices whose names stood next upon the rota after Mr Simson's. The two justices summoned were Messrs Soane« and Mac Gibbon.

In the afternoon shortly before 3 o'clock a message was ssnt to the Olerk of the Court that neither of th« justices summoned to attend could come before half-past 3 owing to prior business engagements, Precisely at 3 o'clock, how*

over, Mr Sanson reappeared, although net not summontd U attend, and took h» naat on the middle chair of the three chairs placed on the dak of the court* mom for the use of the magistrates. The Clerk explained to him that two J.FO. •- ere necessary to try the case, and that •he two J.P's that were summoned to -'tend could not oome till half-past 3. Upon this Mr Simson adjourned till that I ne, but did not leave the Courthouse i, : ru3olf, and just before the half-hour ■■ ;;aia took possession of the middle chair. Exactly at the half-hour the tvo justices who had been summoned arrived, and, seeing ;Mr Simion h tting in the middle chair, informed the C'erk that they declined to sit on the Bench unless they could sit together with* out having Mr Simson between them. With the objtct ef prevsnting a repetition of the deadlock which occurred some weeks ago by the refusal of the justice! tn sit with Mr Simson, the Olerk of the Court lifted the. chair on Mr Simion's ri,*ht, took it round aDd placed it at the It Ft end of the dn«, after which Messrs S mness and MacQibboo (the two J.P's. summoned) entered the courtroom, and took the two vacant chairs—Mr Souness taking the chair next to Mr Simson, and Mr Mac Gibbon taking the outside seat next to Mr Souness ; Mr Simaoh's chair, of course being at the middle of the desk, with two justices on his left and ao one on his right. By this time a largo audience had filled the seats in the body of the courthouse in evident expectation of a scene.

The Clerk having read oyer the charge to the accused, who, pleaded; guilty, laid the Criminal Record book open on the desk in front of Mr Simpson, Instantly the book wae aeizod, apparently J by all three occupants of the Bench aimol* taoeouely, but it was impossible to see i exactly what occurred from the body of [ the Court. However, it was soon clearly to be seen that Mr Simao* and Mr Souness had hold of opposite pages of the book and that each was tugging at it, both parties excitedly claiming possession of it. Mr Simson was heard exclaiming, " I am Chairman of- the Bench," Me Souness replying, " Tou are not"; " That shows your ignorance ".; and thee as both were calling out at once a ragtijar jargon ensued. The struggle lasted apparently for a minute or two, the crowd in great excite* ment standiug up and watching the disgraceful scene, the police and, bailiff frequently shouting " Silence," "Sit down there," and eo on. At last the two combatants let go of the book (which now shows plentiful finger marks and a couple of loose pages), and Mr Souness announced that the Bench had decided to sentence accused to seven days* imprison* ment in the Invercargill gaol. Mr Simson excitedly exclaimed : "That ,is not my decision. I am Chairman of this Court, as Mayor, and; anything that you wish to any mu.t be said through.me, Messrs Souness and Mac Gibbon are a die* grace to this town." Here one of the con* stables remarked that the prisoner waa an old offender, whereupon Mr Simson said l " I understand he is, and as Chairman 1 give him one month's imprisonment with hard labor in Invercargill gaol. He shouldn't be allowed to be at large.;, I wont be insulted in my official capacity by these men." Mr Sonness, ignoring Mr Simson'a remark, told the Clerk that if that was all the business the Court would be adjourned. The Clerk pointed out that the sentence had not been entered in the book, which was at that- moment lying open in front of Mr Simson. Mr Sounem then stood ep and reached.in front of Mr Simson to take the book. Another tussle took place, both men glaring at each.other, and a regular fight seemed imminent. Mr Simson, while clutching the side of the book next him, excitedly addressed the crowd in Court, saying, "I call your attention to the treatment I am receiving at the hands of these men. They are more fit te be in a prisoner's dock than on the Bench"; and then addressing the Clerk of the Courtj "Mr Palmer, my decision is a month." Mr Soilness then s»d : "Mr Palmer, the decision of the majority of the Court is that the accused be imprisoned for a week." Mr Simson retorted that as Chairman ho would not allow that verdict to be entered. The Clerk of the Couct (who was standing up and had been obviausly watching for nn opportunity to get in a woM to stop the scene) here called the attentioa of the Bench to the fact that if there was any differenoe of opinion between justices, it was usual for them to consider the matter in their private room, and that the decision of the majurity must be an* uounced by the Chairman whether he acquiesced in the decision or not. By this time Mr Souness bad got the book in front of him, and had entered and signed the sentence whilst Mr Simson was addressing the crowd. Mr MacGibbon had also signed it; and that being done, Mr Souness declared the Court adjor -ued, and both he and Mr Mao Gibbon rose to leave the Court.

Mr Simson, left sitting alone, exclaimed as the two justices were retiring • " This Court is not adjourned. You carleave the Bsnch, but I will try the o«8*« myself, and I will report yonir disgraceful eonduot to the Minister of Justice/; Ihe Clerk thereupon pointed out to Mr Simson thut h» could, not hear the case himself, there mast be two justices, and that the case had been already disposed of. Mr Simson exclaimed that Messrs Seuness and Mac Gibbon came there with the deliberate intention of insulting him in his official capacity as Majrojy and of insulting the ratepayers who had' placed him there. The deoision they had £iven was a miscarriage of justice by allowing « man like accused te escape with a week's imprisonment. He objected to the sentence which had been entered; it was not the decision of the Court. f

The Olerk, on being appealed to by Mr Simson, again pointed out that the decision bad been given by the majority of tht Bench, the case had been disponed of, and he advised Mr Simson to adjourn the Court formally, Mr Simson angrily replied that the Clerk had helped Messrs Sounesa and McGibbon to insult him by permitting' them to seize the book and sign it, ana that tta KJfcooer's last conviction wa«,for two years, and he was a dangerous man. The Olerk at once repudiated having acted improperly in any way whatever. The constable here handed Mr Simson a telegram from Jnspootar Buckley stating that the accused (.Rorlund) h»d a badL record j had served a sentence of two years, and was only released on the 16th inst, after serving two eeDteooos of six

months concurrently for fraudulent prafences. . ( Mr Simson again repeated a ttreat deal of what he had said before, and again accused the Olerk of the Court of giving the book to the othsr justices when he knew that ho (Mr Simson) was Chairman. Mr Simson then asked tho Clerk why he had given the book to tho other Magistrates, and intimated that a plot had been prepared. The Clerk said he took the Verdict from the Magistrate who gave it j he believed His Worship was only Chairman by oourtesy,' and bad no l*gaf right to the position. Mr Simson replted that the Clerk was to blame for taking Mr Soilness' word a« gospel. The Clerk denied this, and Mr Simson went on to say that he had come at 3 o'olock to hear the case, and bad adjourned it. He was the nomiaee of the ratepayers. The proceedings were a disgrace to the town. Messrs Souness and Mac Gibbon had behaved in a most irreverent manner. It '' ! waa*''» disgrace to justice the way they acted. ■ ... Here ah unfortunate member of the •udience, who irii evidently only partly isober, shouted ««Hear, hear 1" and gentleman who had made the easy mistake of forgetting that this was not a rowdy political meeting, yelled "CKairi"' The drdnken ofFsnder was * instantly collared and run out by the constable and boiliff, and put into tho police cell. This fresh disturbance over, •nd "Silence" beiag repeatedly proclaimed, ; Mr Simson asked Mr Henderson, a; / iolirftor, who happened to be present, to ! * advise him whether ht could not adjourn the Court till 10 o'clock the next morning, as he most have «een the way in which Maisri Sbuuesa-.and : Mac Gibbon hfid j , .behaved themselvea; they deserved to be; in the. place of the prisoner instead of on the'Bench. Mr Henderson not making nxttf audible reply, the constable asked Mr "> Simeon which decision he was to take—a ••' week or a month's imprisonment,—but no reply was heard by the reporters. Mr & Simson again remarked that the whole , thing, was a plot got op by somebody to ] ;. ruin him/ He would see to the bottom j of it, arid bring the whole matter before] ' the Minister of Justice. The Court! r, would be adjouned until the next day, * sand in the meanwhile he would see about i fo , Mr Simson then left the Bench, and the -'. proceedings closed. The following morning the man who ' bad shouted " Hear, hear 1" was charged >■ before Mr Simson with being drunk and disorderly the previous day in the Courtbouse, Accused pleaded guilty and was f fined 5s and costs (2s).