RESIDENT MAGISTRATE'S COURT

Thames Star, Volume X, Issue 3424, 12 December 1879, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAT.

(Before Col. Fraser and E. W. Puckey Esq., J's.P).

Wiiliam Birch, was charged with abusive language towards, one, P. K. Donnelly, whereby a breach ot peace might hare been occasioned. Mr Campbell for plaintiff and Mr Miller for defendant. Mr Campbell objected to Col. Fraser sitting on the Bench, as he might be prejudiced against Donnelly, who had petitioned against him occupying his position as Resident Magistrate. . Colonel Fraser said he intended to sit and hear the case.

Mr Campbell then staled the case, and called

Patrick E. Donnelly, whom being sworn deposed—l am contractor with McLaughlin for the Una .Road. On Tuesday morainglast, we went «p to a mark on the road, and found that the defendant and others had spread metal on the road which had not been taken over by the County Council, and they had drays going over it. We built a wall across the road, and Birch and others came and moved j the stones aside. I told Birch he was unreasonable, and he called me a liar, and stood up to me. I stood up to him too. Andrew McLaughlin, sworn deposed— I am co contractor with Donnelly on the Una road. I was present at the altercation on Tuesday last, aqd I think I heard Birch cajled Donnelly a h«r. He assumed a threatening attitude, Donnelly was facing him, and I thought the men would come to blows. Birch appeared to be tho leader of the party. The trouble arose over our building a stone wall across the road. George W. Bull, sworn deposed—l am a battery proprietor, and was present on the Una road on Tresday morning. I was ten feet from the men when, the altercation took place, I am sure Birch never called Donnelly a liar, nor threatened to strike him. ■> Thomas M. Clark, sworn deposed—l recollect the altercation between Donnelly and Birch. I was standing four feet from Birch. The latter did not call Donnelly j a liar nor did he shape up to him. Mr Miller said he had three other witnesses if the bench wished to hear j them. , . The Bench were satisfied and dismissed the case, the plaintiff to pay the costs amounting to £2 12s. Court adjourned. /