RESIDENT MAGISTRATE'S COURT.

Thames Star, Volume VII, Issue 2540, 26 February 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

: '{Before* W. Fraset, Esq., B-M.)' -■> - PBPNKBKiJESa. One inebriate was cbirg^dl with beingl drunks and incapable' in' "Pollen, 1 street,' Shortland, on (he,24th instani./and'pre--ferred forfeiting his bail appearing in Court. , - . ! ~ BREACH 01 THX PEACE. Edwin Binney was charged by G.'JT. Brassey with unlawfully^ for 'the purpose of annoyance and provocation, exhibiting in his office an offensive ,writing, suea offensive writing being so exhibited as aforesaid, having a tendency to provoke a breach of the peace! tc " .''»-- ! Mr Macdonald appeared for, the plain-. I tiff "Defendant was undefended.- yi u

[ Defendant pleacled.notf guilty. MrvMacdonald 'said i the ? matter. :comElaiued of was that a letter which had' een sent by the plaintiff to defendant had been publicly exhibited with the fol-' lowing', writing attached -to :it:—" Tjfos signature af the foot, Gf N. Brassefy* barrister, is the gentleman who made the bet and refused to^ pay." The offensive part of the writing complained of was this-note, tbs it intimated that Mr Brassey had. incurred a debt of .honor/which he* would not pay. The writing had been placed in the widow on Thursday, and taken down this morning, and would very likely hare been, there up till now had the defendant not been served with 'a. notice tp produce the writing. * Defendant produced the document at the request of Mr Macdonald.

J. W. Poulgrain, sworn, deposed—l am a solicitor's clerk residing at Tararu. I

know Mr Binney and his office in Grahamstown. Acting on instructions one morning last week I went to Mr Binncy's office and took a copy of this document (produced) which was exhibited in the window. I la,^ saw the'document about 10 minutes 4o<;lp this morning, it was then being fulled do^n by Mr; JBinney. I previously jpervedjM^;Bii»neyiwith a notice to produce tHe dpou^ient: '= ! GK N^BrasseyjijlrW, deposed —I am a solicitor carrying, on business in Grahamstown. I htve'no doubt lam the person referred to in the note attached to my letter to Mr Binney. The letter FM fixhibited m TWrßinney s office. I have seen Mr Binney standing at the door while others were making remarks on the

Defendant decline^, jtojisk.any questions of these'witnesses 1/''' :rf' '' *

E. Binney, sworn, deposed—l am an auctioneer. I put the document produced in^fjwWdaw.r 1 [i(>rrjm^)T Qnis was the cas© for plaintiff. Mr Biuney'said thai; lie''haiTa'per feet right to do what be liked wiih,his own window^ esjgeciajly^s i>ulk ,0/ the letter .was'iii the plaintiff's h&ndwritia'g*. He commented on the^letter, and said ,that T ho /.egarcted, jit _ T as absurd.,, and. he^'ltJOTcd* upotf theacomplaint "as s'being' laid merely for the purpose of extorting cbsts^frqranfeint.v, jJEIev, ; pufc. a the ;letter■in his window hqpiqg^.that' his fellow townsmen mfgh'lT'aiso bo able to .enjpy^he joke. He would like to have th?/-lefcter in Irts windotf for a few "days i more until something more ludicrous i turned up, but he wbufd do as His WorI ship directed. -* t ~ rrs , ? .> > .., Trr „„, His Worship' informed -Mr r Binney that he had no r right to make his windows, or any-"one else Windows, the medium of. bringing any one r into, con- f tempt'. >;H'e!*'dld! not-*think-nV could :&6{anything,else from what, Mr Binney had said f H'c6nsider'ing r'that' fie Had not taken 1 down ..Ijbe^ letter,, when, summoned, than bind KihVoTer't'o'k'eep the peace fortliree' monthjs, himself in £10, and one, surety of £lO;ana'Wpky'th'e!cost's,:lS2 6s. ~ *'"'" ! The l .sur^ty..waf Readily fortji^oming, .- :T; ' ABBAULT.

, Bridget Curtis' -was' charged -with asfaulting Maria Donoran on the 19th inst. | Deft^dant pleaded'^ot guiltyr ;~ " M^JBrassey appeared'for complainant, and said that the defendant had,long been a source of annoyance^ to .the complainant, and detailed the circumstances of the assault. Maria Donovan (who produced^ bardkerchief with some hair and Atones in it/, Sworn, deposed—£jredpl|ect uhe 19th of February last. X saw defendant twice on that day ; the fir§t4i«w>_was in the afternoon. Defend»i^"ea#e^o my house in the evening, 'ifiW-\were stones thrown, and-when I op^nwd/the door defendant struck me with i^tooe.in her hand, and tore my -hair ;< sbVdso knocked medown! Defendant threatened to burn me downj because she had to pay 13s 6d'for a previoiflf summons. The' stones produced; are the stones thrown.' ,' V'.t % ' ~i By-His Worship—Defendant, is the the same woman who^ssattttetLihe about 4 years ago, at»d was bontodover to keep the peace for six months^"' Defendant denied. Jhe truth of the statement fend said had witnesses to pro?e it:* '*J•-- Ks < * J * v Edward Donovan,, aged 33, sworn, deposedfH^remerab*r ibeing at 1 home with my mother, on, the, evening ,of Monday or Tuesday? FeV l&k-'-^Defonfiant knocked ,my mother with atones and caught her by the hair of her head. It took me and. another woman to pull defendant" off my v mother. Mrs *aid she would set the' bouse on '- '/ / . „ Defendant said the'witness was the tboy who fiad'nirown a stone and hit > G( AjStherei w^elconfliokit; jd&me£ts as to whether the assault iiad taken place B. Stoney a nro,fed.the Msuing.,af r the_sum•£ons c ' '*A/ ' J , Daniel E*sor,'iw<ira,taeposea^-I was going home on r Mondiy erening when William Buckley ekllecl =me 'WerMbecause Mrs Curtis Jiß:4lMr8 t Dpnof an were fighting. I went orer and shored Mrs Donovan off-from Mrs Curtis, and picked up the- > tiaby. Edward Donovan was beating Mrs Curtis with a^bropm.c, r. , t -" '^ ,- \ rf< tßy defendant—You were lying on your face with Mrs Donovan "on top of you. | William« Buckley, -Worn deposed— >Thatj MrsrtCurtis, wanted him and two ,qth'er:bb^Lt<Jifchodk-at Mrs Donoran'aJ door vod'tsheHWOuld rgive them 3d- on Saturday. He didn't knock at the door, but went' away^^o 1 th^ blaeksmith's; and wKe^he came back Mrs Curtis and Mrs Donovan were fighting. ■' - i. I D.^jEnsor re^calle'd^l was there when M& l€Mis JbfyM& ?d to. us'to gb Tfand knock at Mrs Donotan's door. I By4ney .Spaldipg also gave evidence "that tfchrai one of the boys to whom' 3d was offered. "___ ; Hisno^yprship said he would, hear4heother casVliefore deciding, on this.

! JINOTHKB CASE. l Maria Donovan 1-wa* charged with assaulting Bridget Gardiner"; (alia* Curtis) on the 22nd inst.

Mr Brasiey f(W*aefen3ant. Bridget , ,<f am plained^ - ihttt. the Juul-tiome out of her bouse andr Btruck.her on jth#>baok.witha bqttleiwhjcb. .was broken by the blow. This wan her /case, --v -j j; ur - ,-• , - ■->. . - (To .His Worship)—All that the boyi' .said about my offering 3d to them to knock < at (he door of Mrs. Donovan is false.' Xbtf plaintiff then made . a long series "of charges against defendant. His Worship called the three boys who had previously given evidence, and they all-adhered to, their-original statement, and denied having been suborned by Mrs Donovan. •"''-[ >! His Worship said the charge against Mrs Donovan would be dismissed; and in the former case/defendant was ordered to be bound 'over-'to keep the peace for six months, herself in £20 and one surety in £20,'and to pay the costs., ', '. \ Tbe'pourt adjournedi , ; ,- )