R.M. COURT.

Wairarapa Daily Times, Volume 6, Issue 1780, 5 September 1884, Page 2

R.M. COURT.

MASTERTON.—FRIDAY. : (Before W. Lowes, Esq., J.P.) -Richard Brown, of Masterton, laborer, was charged by, Captain Francis, of the Salvation Arhiy, with abusive language, provocative of a breach of the peace in a publio place oil' the night of September 4th, Mr Bunny for the prosecutor, and Mr Skipper for defendant.

Mr Bunny said the proceedings were brought in consequence of the religious' services conducted ~by Captain Francis being disturbed and interrupted by the defendant on the previous eveningiby stamping and making a noise, • and when defendant was remonstrated with and : asked to-withdraw -he refused and told the Captain to be d——d. The police were sent for and defendant was. removed from the building and sven in charge. The defendant had been spoken to .on the previous night for interrupting- the meeting. He was charged under tk 4tH Section of the Vagrant Act only. The o.bjecfc.of the. Captain waa to' prevent a- re-currence' of thef interruption,', and he would ask; the Court to inflict such punishment as would prove deterrent, . . . ; '

A. J. Francis was,called, and before giving evidence, on the application of Mr Skipper, the witnesses were ordered, out of Court. The witness gave evidence in proof of the charge; He said there were over one hundred people present. In answer to Mr Skipper he said the services were stopped for! the time through the conduct of defendant. It was not usual to applaud either by stamping or clapping hands, Hej was not excited himself at-the time. -He could noi say whether some of' the congregation were. The action of the defendant was not applause but interruption.

Ernest Minifie gave corroborative evidence as to the stamping and the words used. There were several ladies present. James Toomath and William Dariey, wero also called in support of the-in-formation, 5"

Constable Harnett stated he was called to tho Barracks to remove an alleged disturber, Defendant was pointed out to him, and after a little demur accompankj him to the station where the charge was made by prosecutor. Thete wmi about 130 people there that night. He had seen as many as 500 there, Ha had never experienced any difficulty in gaining admission to the building, but then lie went in his official capacity. Mr Skipper submitted the prosecution must fall through as there could have been no danger of a breach of the peace by the use .of words of such trifling importance; also on the ground that the place was not a public place within the meaning of tie Act, > Mr Bunny said the words "or behaviour" could be" inserted in the charge which was done-and the Bench declined to sustain Mr Skipper's interpretation' o£ a .public place. Evidence for the defence was called.

The Court took a lenient view of the case and fined defendant 20s and costs qr 48 hours.

A second charge against the prisoner for Ufjing threatening language was brought snd. priaonep pleaded guilty' and was bound over in £lO himself and one surety, to keep the peace for three months. •