R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 2949, 13 July 1888, Page 2

R.M. COURT.

MASTERTON-FRIDAY. (Before Mr Von Stunner, R.M.) BREACH OF THE RAILWAY BY-LAWS. Thomas F. Brenchley was charged with a breach of clause 19 of the Railway By-laws, Sergt. Prico prosecuted and Mr Powuall appeared for defendant. Benjamin Cockburn, station master deposed on 29th June some limo camo from Mauricevillo consigned by Brenchley to Wheeler. The latter was asked to give an order. Ho made out one for Caselberg, but afterwards held it over till he saw Brenchley. Ho came up and witness asked for the order, saying thore was a question of freight,- Brenchley told him to mind his own business, and referred him to tho shunter and said-" I'll make it b— hot for you." I'll serve you out, as I served out one of you before. I intend serving two or three others the same way." There were several children, passengers, and employes about at tho time of the altercation, and witness was very busy. Eventually the shunter came up and] said he received an, order to deliver the lime to Brown and Rogers. He could not say whether the order was handed to him by Brenchley' or the shunter, G. D. Oakly, railway porter, said ho heard,-Brenchley. say to the station master. " Its a;— lie, I'll make it b—warm for yon" and threaten that he would have him shifted. Defendant was very excited. Ho was not aware of any ill-feeling on the line against Brenchley.

To tho Bench; He did not notice whit was said by Mr Coubourne, or what provokedßrancliloy'soxpression. David Spring engino driver, gave evidence in corroboration of the charge, For the defence, defendant said that when he arrived in Masterton on tho afternoon in quostion ho was met by Wheeler who said, " thore is going to bo trouble over the eight bags of limo." Tho lime was loaded in the trucks the night before, and witness' limo was put back, while Brooks' was forwarded that morning. Ho asked why this had happened. Tho stationmaster told him to go and find out. Ho replied that he would not be boycotted. Informant said" don't threaten me," Witness replied that ho was not threatening, but ho would writo to Wellington. Tho station master demanded the order, and was told tlie shunter had it. He said ho would not give up the lime without tho order. Witness then then went to tho shunter and got tho order. He admitted saying " its a lie." fie did not use the word " bloody," Cross-examined by Sergeant Prico: The three witnesses who had said that ho mado use of tho word, had sworn falsely. Mr Von Stunner pointed out that there was a proper procedure to bo observed in making complaints of railway officers. They should not be interfered with whilst on duty. To do so was to endanger the public safety. He was pleased to say this was the| first case of tho kind that'had come before him in this district. Tho expression " B—y liar," was one of the most oll'cnsivo that could bo used He did not say that the defendant might not have had a grievance, but he should have made his complaint in a proper manner. Ho would bo fined 20s and costs.