RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XII, Issue 3816, 22 March 1881, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY

(Before H. C. Lawlor and J. Kilgour, Esqs., J's.P.) ABUSIVE LANGUAGE. . Alexander Brodie was charged with using insulting language towards Henry Alley, by calling him a liar, and a swindler of the County Council and the Colony by land-sharking. Mr Miller for defendant denied the charge. Mr Brassey, who appeared for the complainant, said; that his client wished defendant bound over to keep the peace for an offence committed on the 26th February last. He then stated the case as set'forth in the evidence. Henry Alley, sworu, deposed—l am a farmer residing at Hikutaia; I know Mr Brodie. On the 26th February last I was at the Advertiser office with Mr Wilkinson, pointing out to him misrepresentations made in his paper, regarding the County main road. Mr Brodie came in, but said nothing for some time. I pointed out the inefficiency of the road, which raised Mr Brodie's ire.

By the Bench : This was in the outer office.

.Examination continued—He said there vras an order in Council affecting my land. i told him I had a good title to my land. I said I had heard he had been spreading reports respecting Tukukino and Bawiri making claims to my land. He said it was a lie. Our conversation previous was on public matters. I have repeatedly heard or reports being spread as emanating from the County Council. I heard the report only three weeks ago from a man riding to Hikutaia. Mr Brodie said ifc wa- a lie—three times to the best of my reooilticiiou. lie made a long, rambling statement, but 1 scaroelj' remember what he said. He called me a liar over and over again, and got into a regular vindicative rage. He accused me of robbing the colony by land-sharking, and of swindling the County Council. He made these .statements over and over again. I had not given Mr Brodie any provocation. I only found fault with him publicly. I have had a previous difference with Mr Brodie 2|- years ago, when we had a dispute about public matters. On that occasion he said he would see me out of Hikutaia in two years. By Mr Miller—After he called me a liar I said he was one, and drew Mr Wilkinson's afcteqtion to the language he had used. I spoke to him about some land at Ohinemuri. He^ denied that he had any, and then admitted it, saying he had lost £90 on it. I said he had drained it at the County's expense. He called me a liar, wheu I said I had beard that he had spread the statements about the

land. I will not swear that I did not say, " You don't want the road through the Komata till you and your friends are secure." Mr Wilkinson did not call Mr Brodie. I did not make my usual accusations against the Government. Mr Miller then took up the Evening Star containing Mr Alley's letter, and witness acknowledged the authorship of it. Mr Miller read the principal accusations in the letter. W. Wilkinson, sworn, deposed—l am proprietor of the Thames Advertiser. I recollect the occasion referred to, when a conversation took place between Brodie and Alley regarding a road, when Mr Brodie made use of some of the language complained of. I heard Alley accuse Brodie of trying to get his land drained at the expense of the county or country. Brodie said " that's a lie, and if you repeat it again I'll call you a liar. 7' Something was said about robbing the colony and landsharking, but the accusations were mutual. One accused the other of being a swindler and the other responded by calling the first a robber. Mr Brodie called Alley . a swindler. Brodie was sitting quietly, and Alley was much excited, waviug his hands about and standing over Brodie. Mr Brodie first l gave Alley the lie. By Mr Miller —The interview was not sought by Mr Brodie. I invited Mr Brodie in thinking to get at the truth about Kornata, if I had the two together. Any statement made by, Brodie was in reply to Alley. Alley stated Brodie did not want the Eomata road made, and that he was draining his land at the County expense. By Mr Brassey—l wanted Alley to make the accusations to Brodie before his face. Mr Miller addressed the Court arguing that no case had been made out, and that the charge was paltry and frivolous. Though he thought the case . would be dismissed he would call Mr Brodie. A. Brodie, sworn, deposed—l am Chairman of the County Council. I had occasion to go to Mr Wilkinson's office on business, and when I went into the front office, I saw Alley and Wilkinson. I was going away when Wilkinson invited me in. Alley made a number of statements regarding me owning land and draining it at the County expense. I called him a liar, and told him the County had given him £400 for the road which improved his own land. I looked on Mr Alley as a discontented man in search of a grievance. If he had been worth powder and shot I would have taken an action for libel against him long ago. I entertain peculiar ideas concerning such people. The bench dismissed the case, costs £1 6s.

This concluded the business