RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VI, Issue 1779, 15 September 1874, Page 3

RESIDENT MAGISTRATE'S COURT

• THIS DAY. , (Before H. 0. Lawlor and J. Kilgour, Esqs.J.'s.P. EXTENSION OF LICENSE. Alex. Gillon applied for permission to have music and dancing in his licensed house, the Hazelbank Hotel, Brownstreet, on the 16th instant. There was objection on behalf of the police, and the permission was granted. DRUNKENNESS. Henry -Branston and Hichard jNicholl were charged with having been d runt and incapable. Both were out on bai^ Neither party appeared, and bail in each instance was forfeited. Samuel Floyd, charged with being drunk and incapable in Davy-street, -Grahamstown, pleaded guilty, and was mulcted in the usual amount. ABUSIVE LANGUAGE. Francis De Bower was charged with that he did use abusive and insulting language in a public street, whereby a breach of the peace might have been occasioned. Defendant pleaded guilty. Mr. Bullen stated the circumstances of the case, from which it appeared that the conduct of defendant had caused a general disturbance between Maories and Europeans. The ringleaders had been apprehended, and would be brought before their Worships. The Bench desired to hear something more of the circumstances, and Mr. Bullen called— J. C. Q. Austin, who, upon being swdrn, deposed—That he was engaged in the Native Lands Department. The proceedings in the Native Lands Court yesterday had been interrupted- in consequence of a disturbance which took place in the street. He came out to ascertain the cause. He I saw the prisoner, and tried to induce him to be quiet. A Maori at the time was exhibiting a mutilated ear, and the prisoner jumped between him and some others and struck one of them, when there was a general melee. Witness told prisoner ; that he had caused all this disturbance, when prisoner used towards him very foul language. Witness saw no disturbance until the prisoner caused it. Witness came out at the request of Judge Munro. The Bench deferred its decision at the request of Mr. Bullen. BREACH OP THE PEACE. Fisher (a native) and Bishop were charged with that they did unlawfully commit a breach of the peace, by fighting in a public place, to wit, in Grey-street, Shortland. Defendant Bishop said he was only parting the natives, and handed Fisher over to Mr. Mackay. While doing this Fisher struck him. The Maori said Bishop had struck him first. J. C. Q. Austin was examined as to this diaturbance- He deposed—That Bishop had interfered in the row, and he desired him'to be quiet also. Immediately after the police came and put the last prisoner into custody. Bishop interfered •with the policeman when he .was taking De Bower into custody. Fisher asked him (Bishop) what he wished to interfere about, and words ensued between them. Bishop then lifted his fist and knocked the Maori on the lip. The Maori then closed, and caught him by the beard, and a fight ensued. The European prisoner, was subsequently taken in charge. }• Witness saw Mr. Mackay. immediately after taking the Maori towards the police-station. He remarked to Mr. Mackay that the Maori was not in fault, and that it was a shame to imprison him. Quiet was then restored. The Maori had not interfered with the European prisoner, until Bishop had interfered to prevent the arrest of De Bower. By Bishop—l never heard you call Mr. Mackay to take the Maori in charge. I never saw the Maori strike you until you struck him. I think you did try to gvt De Bower away and keep him quiet. J. E. Dodd, being sworn, deposed— That he saw a fight between the two defendants. He saw the end of the previous row, and the commencement of the one in respect of which the present case was brought. He saw Bishop trying to separate De Bower and a native engaged 5n fighting ; and while endeavoring to do this he was rushed by Fisher and four or five other natives. He was knocked into the gutter, with natives on top of him. Bishop was perfectly sober as it appeared to witness, and what he did was purely in self defence. It was false that Bishop had endeavored 4o prevent De Bower from being taken into custody. There was a general fight. Mr. Bullen said the only evidence the police could giro was /of the arrest. He had spoken to the constable, and it appeared that the prisoner Fisher had offered no obstruction to the native Sinclair's arrest. In answer to the Court, Mr. Bullen said Mr. James Mackay was absent in ■ Auckland, but his evidence would not materially affect the case. Henry Endrcs was called to give evidence on behalf of Bishop. The only part of the row he saw was when Bishop was on the ground with several natives on top of him. ' Bishop was not drunk to his (witnesses') knowledge. Defendant made a statement to the effect that he had merely tried to restore quiet, ;and came Tjp to give the Maori

Fisher in charge to Mr. Mackay, when he was struck, and a number, of ■ natives after wards rushed him. Mr. Mackay would corroborate what ho had said. Fisher .'••aid the above statement was untrue. He (Fisher) first weut towards i the scene as a spectator; nnd Bishop struck him in the mouth. He found his mouth wa3 bleeding, and he then run after Fisher, and asked him what he had done it for. Bishop, would not answer, and tried to strangle him (Fisher). In the case of Francis De Bower, tho Court imposed a penalty of £5 or one month's imprisonment. Fisher was bound over to keep the peace for three months in the sum of £20 and two sureties in £10 each. Bishop was bound over for the same term in a like amount. The Court then adjourned.