RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VII, Issue 1979, 8 May 1875, Page 3

RESIDENT MAGISTRATE'S COURT

THIS DAT,

; Before W. Fbaseb, E^q., R M. KEEPING A DISORDEKIY HOUSE,

Richard Richards was charged with committing a breach of section 54 Byelaw No. 3 by allowing disorderly conduct in his licensed house, known as the George Hotel, Grahamstown, on the 3rd: instant. 7

Defendant pleaded not. guilty. Mr Macdonald appeared to defend the case. Mr Bullen produced Gazette proclaiming the Bye-law, and gave an outline of the circumstances. Henry Roach, on oath, deposed—l am a miner. Know the George Hotel. Reside opposite it. Recollect Monday last. I saw a couple of men come out of the Governor Bowen and have a race on the footpath. Sometime after saw tliem in the George Hotels There were.three or four menu Could not say whether they were drunk or sober. I saw ono of the men

who were racing close one door, but could not say who closed the other. N That was the street door; the other was inclosed about the same time.. I saw. some men bustling .about inside and shading a bit. 5 The doors were shut, but I saw through the window. There was a crowd where the men were running, and they continued about the place. I could not say who the men were that were scuffling. I could, not say whether there was any fighting;in the: bar. ? I made";the remark to some one—l thought there might be some nasty work carried on. I went down the, street shortly after the door was closed. I do not like looking at fights. When I came back the doors were open, and all quiet. ,j :'■;■';;~ •'■ *By :Mr:; Macdonald—There was a dispute over the first race, and the second race ended about.Richards' house. Could not say whether* there was anything on the race. > ; By Mr Bullen: I: saw Mr Richards in the bar, but could not say whether it was ... before or after the doors were closed. Joseph Day.,,; -constable, deposed—l went to the George about three o'clock in the afternoon, in consequence of some-? thing I heard. I Baw a number of men; three or four of them covered with blood, and saw blood on the floor, as^f-there had been a great fight there previously. Saw defendant, arid questioned him, but could not get any definite answer from himi He did not seemto; be put about much by the affair. ■ Sergeant Elliot deposed -r- Recollect Visiting the George' Hotel, on Monday, about 5 o'clock. Know defendant,

Ecensee of: the George. There is a boarding house attached to the house. I - saw Mr Richards, Mrs Bichards, her : son, and other parties., , I saw some blood on the floor, which wa3 in a dirty state, 1 as if people had been struggling about. I i •sired defendant how if; was he allowed >uch conduct. He said he was in a room inside when the fight took place, and . when he came out; it was" all-over. H? ■eemed as if he had been suffering from .;drink.]o :r. h<:v'--^x-. -^-h -■'■■■ -^v: >:;■;■■:• '■ By Mr Ma'cdonald—By suffering from 1 : drink Ijmean that he seemed stupid. He was able to walk. I would not like to . give an opinion as to whether it would Be well to shut the doors in the case of ■uch a crowd assembling. Doors are often closed to keep a fight out. ,' This was thd case. Mr Macdonald addressed the Court on behalf of his client to show that defendent. was not. gurlty of passively allowing a fight to take place within bis bar. The men had rushed into his bar during his absence, and a scuffle ensued, being over in a brief space of time. • Therefore, ho (Mr Macdonald) concluded that defendant had in no way recognised or allowed the disturbance; unless the word " allow " was taken to signify " not, prevent.'.' His Worship said the defenco should produce evidence to show that defendant cad —in ever so small a degree—made an attempt to quell the disturbance. They should use every effort to make good their case, as if this was proved against defendant it would be his (His Worship's) 'duty to refuse his license at the next meeting of the Court—on Monday. Richard Harris deposed—l was present at the, latter portion of • the foot race. There had been a previous race. I went into the hotel with others, having first tad a difference of opinion outside. The dispute was renewed inside; and one having said,' " I don't care for you," and another the ■ same, - I and Charley McLean had a wrestling match, and we both fell and cut our faces. Some of the blood was mine. It was merely a bit, of a scuffle, a mere difference of opinion, and all wps over in about two minutes. • Mrs Eichards was present, and said they must not do it. Ido not remember having more than one scuffle.' I could not exactly say that I was sober, having had a glasa or two, but was going to work at the lime. There were seven or, eight present. The dispute was so soon over that it gave no time for interference. Ido not remember to have seen Mr Eichards present.

'T ->His"Worship said ©Ten looting; at the from the most favorable point of r view,'there;could be no doubt ,as to the* disorderly conduct, and that no steps l>ad been taken''to prerenfritr >It was a^ in evidence that defendant appeared.to suffer fzorntfho. effects; of recent drinking.: Gf all men, he who kept a public-house jkould be a sober man. then advised . defendant to take steps to dispose of his house to some one before the licensing day. Ho did not know .whether his fellow Commissioners were of the same opinion, but his view of the matter was, that no man was fit to bo the holder of a license who 'ever got drunk. He made these remarks for defendant's own benefit, in order that he should not be injured, and that he might make some arrangements with somebody who was fit to keep his house for him. A fine of 40s and costs was imposed. "BREACH 01? THE PEACE.' '

Richards Harris and' Charles .McLean were charged with!having committed a breabh of the peace, by fighting in a public place, to wit, in George Hotel, Grahamstown, on .the. 3rd instant. Charlas McLean did not appear. Mr JJullen stated that he was in Ohinemuri, and the summons had not been served. _ ,-■;-;■. -v ■;■■;■;-/"i Harris said he would plead not gmilty, unless his -Worship considered" there was anything in his statement in the previous case to constitute the offence with which he was charged. He had nothing further to state than what he had then said. - His Worship said he did not think it came within the meaning of the Act. Wrestling was p a common practice, but lie could-scarcely understand how Harris came to be cut on the nose.

George Downie deposed—l am a miner. I recollect a 'ittle being at the George Hotel.' T was happy and glorious. I saw a little scuffling in the bar. I came in at the last. I can't say I saw blows struck. I saw a little tumbling. Bath men were bleeding. McLean bled from the thumb and the eye. I saw neither party strike a b'lowi-,... ,

Richard 7?icharc!s, junior, deposedRecollected Harris and McLean being in the George Hotel. Saw them wrestling, and Harris fall down against a cask. I went out because I was bound over before to keep the peace, and did not wish to be implicated. My mother told me to go for the police, but I did not, as I thought it was only play. ' His Worship dismissed Harris, at the same time telling him'that his conduct had been certainly disorderly. Mr Bullen said he should bring a fresh charge under the Vagrant Act, with conduct calculated to provoke a breach of the peace. ; ;■■■• --■ \-<l i His Worship thought it might be as well to let the matter rest under the oir-f cumstances.

This concluded the business, and-the Court adjourned. .