R.M. COURT.

Wairarapa Daily Times, Volume VII, Issue 2023, 23 June 1885, Page 2

R.M. COURT.

_c .[ WSTERTON-MONDAY [BeforeH. A. Stratfordß. M.,and A.W.Remm.J.P,] 'abusive language. James Patrick McAlister appeared at the R. M. Court under information charging him with using threatening and abusive language calculated to cause a breach of the peace on the 20th of June. Mr Beard appeared for the accused and pleaded not guilty, and Mr Bunny for the prosecution.

.In answer'to the Bench Sergt. McArdle said the accused had been arrested on the charge by Constable Healy. His Worship asked who was the prosecutor in the case. •

Mrßunny statedthatan information had been laid.in connection with the matter and a summons liad been served on the Rev.'Father Treacy at 11.30 that morning to appear at 2 o'clock, and as he had not time to get his witnesses together he would ask His Worship to grant an adjournment until the whole- of the cases could be heard together at a later period of the week.

The information laid by the Rev. P. Treacy charging James P. McAlister with using abusive language, was then handed in, and Mr Beard asked that the words should be set out in the information.

Mr Bunny ssjid hjs friend had no right to ask that then, as the information was not before the Court.

His Worship said Mr Bunny must bear in mind that Mr 'McAlister was there under arrest, and the information of what he was arrested upon was necessary. • ■'

Mr Bunny, by permission of the Court, amended the information by inserting the words alleged to have been used. ■ His Worship asked if there was any reason why the. other cases should not be heard at the same time.

Mr Bunny said he had no time to prepare his answer to the accusation laid against his client.

Mr Beard strongly objected'to a remand. His client held a responsible, position as a Government officer, and it was most injurious to his reputation that a charge of such a nature should hang over him. He had been arrested without any right cause or legal authority, and for him to stand remanded was an exceedingly great hardship. ' The informant had elected to have the case heard that day, and if he was prepared with his own case he was prepared to meet the counter charge, His Worship said 1 the accused was before the Court on recognisance, and they must be prepared to go on with the case on which he was arrested.

Mr Bunny said it was most important that lie should have full time to prepare himself to meet the charge against his client, who, as a Catholic priest, must meet the charge fully and absolutely. He had not had time to prepare the case, and he would ask, not only in the interest of the rev. defendant, but for his own sake, to be allowed an adjournment. His Worship said that in presiding over the Bench he wished it to be distinctly understood that he knew no man before him as to his rank or position. He was there to administer the law without respect to persons. Counsel on the one side referred to his client as a Government officer, and on the other as a Church Minister. Their position made not the slightest difference to him, and if that was the only reason that Mr Bunny had to urge for an adjournment, it was not sufficient; but if he put forward the plea that he had been taken by surprise, there was no reason why an hour or two's delay should not be extended to a day or two. Politics would go on all the same and the affairs of the Nation would not be stopped.

Mr Bunny said lie pleaded not guilty on behalf of his client to the information against him, and again urged that the case be adjourned until Friday. Mr B,eard objected to, the adjournment, Defendant had signified his willingness to go on with one ease, which was, exactly similar as regard facta, and upon which lie had had. defendant arrested. He asked that if any adjournment was allowed, it should not be for more than an hour. If his friend was ready to go on with one case, he was prepared for the other. His client resided in Wellington, and was Private Secretary to tho Minister of Justice, which necessitated his attending every sitting of the House. His Worship intimated that he would proceed-with the hearing of the case, and adjourned the Court for an hour, At i o'clock the Court resumed its sitting.

Mr Bunny rose and said he was very happy to inform the Court that during the recess his friend and himself had anived at mutual explanations and apologies, and he would therefore beg the Court to dismiss the informations.

Mr Beard said the arrangements were not exactly as his friend had put forward, The statements made by Father Treacy had been retracted by him and declared unfounded, and he had further expressed his rqgret at haying taken tho steps which he did on Saturday night in causing Mr McAlister to be given into custody. .That being the case, and the words used by his client having been used in the statements made by Father Tracey and since retracted, his client withdrew the words used by him, and regretted that he had had occasion to use them. The cases were then withdrawn.