R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3656, 7 November 1890, Page 2

R.M. COURT.

( : MASTERTON-PBIDAy. "V. (Before Col. Koberts, E.M.)', . Breach of Boßonair By-Laws. J. 0. Ingram, v. J." Jack r ßreaoh of."-Borough, by-laws in allowing chimney to lake fire. Fined ss. and 2s costs. , Same v. E. Tayler—Similar offence. Fined 5s and 2s costs. • BABBIT CABE3. The Bench- intimated that Mr Benall had requested his application for' mitigation of: the fine recently imposed - upon him to be adjourned, as one of his witneeses had met with an accident. Mr Bunny objected to an adjournment, as tho fine was. very small and it would be a • bad precedent to establish,- '•■'. The. Bench replied that it would allow the case to stand down till Mr Benall arrived. ■_.','

T. Maoltay v.H P Tunuiorangi. This-case was heard recently at Grey'town, The- Bench announced that it would ■; bo- dismissed on the ground thats there were two offences. It had been influenced in this decision by the case' cited,' Cooper v Hamilton.* '.'■■•.- *. Mr Bunny gave formal notice of appeal, contending, that the Court had full jurisdiction, - . Same y\YW Johnston, Cashpoint. Mr Bunny for plaintiff and Mr Beard for defendant. As the dismissal of the case against Tunuiorangi affected this case, a lengthy argument ensued on the point of whether two offences had been committed. ~ Mr Bunny maintained that there, was no reason why a fine should not be inflicted on one offence. The Bench stated that it had dis.

missed the previous case, and it saw no reason why any further argument should take place. It had thought the present ease would have been withdrawn. '.'!■'

Mr Bunny saidif the Bench haddeter. mined on dismissing this case he would not proceed, but he" had arguments whioh he thought woulo materially affeot the decision.

The Bench deoided. to hear argument. Mr Bunny quoted several oases, and urged that if tho Bench concluded its former decision was erroneous he would proceed with his case and ask the Bench to strike out oae information and adjudicate on the offence which had been proved. • Mr Beard said that he understood the ease as far as facts were concorned was closed. Mr Bunny upheld his right to proceed with his case if : the. Bench agreed with his contention, Mr Beard: Then my friend will call evidence, Mr Bunny: Very well. Mr Bunny adduced further argument in support of his contention, and was followed by Mr Beard, who maintained that the Act supported the decision of the Bench. After considerable discussion the Court adhered to its decision on the law point and dismissed the informai tion. As Mr EeuaH had not pat in an appearance at this Btage the penalty recently imposed on liim was upheld. THnEATENINO LaNGUAS?, 1 John Savage was charged by Daniel | ■ Oonroy with using insulting language ! } on October 20th with an intent to create a breach of the peace. 1 Mr Bunny appeared for the i informant and Mr Skipper for the i defeudant.

All witnesses were ordered out ol Court.

Mr Bunny briefly stated the caße. It appealed that Mr and Mrs Conroy and their daughter (the wife of defendant's brother) were proceeding from the h ouse of Patrick Savage, when the defendant came on to the road and said, "I'll kick you till I break your bones and this night I'll bum your house down," Daniell Oonroy, informant, sworn, deposed he was living in River road. He knew defendant who lived, in the same road, about ten chains distant. The defendant's brother had married his daughter. On the evening of October 9th he was proceeding to tlio house of Patrick Savage with his wife and daughter, when John Savage rushed out of a whare ontotho road in company with his brother and another man. Defendant said, "dearout from here yourself and your bastards of bitches, or if not I'll break alltho bones in your body by looking you until I do so, I'll set fire to your house this very night, you public robber. You rotten rogue, you run-a-way soldier." Witness made no reply but went on towards his house, Defendant was on the public aUbe time 1 following after him,

By Mr Skipper: Heard nothing of any row that night between Patrick Savage and his' daughter, His business was on the publio street,' and on the night in pstion he went to bringh» his nife.from in front of Patrick Savage's. He heard her voice, and thought it was ueoessary to go . for her as she was conducting herself in an unusual way. His wifo appeared to be angry, Saw bis daughter running towards the publio street and oxolaiining, "I'm killed 1 I'm killed I" Did not know that John Savage had been trying to act as peacemaker that night between his daughter and her husband. Had not threatened Patrick Savage or flourished his fist i in his face. He did not threaten i JohnSayage in any way. Ho laid the information on tho.day following the offence. Defendant liajl told him to be off or he \yojild break his bones. H.e know of no trouble in tho family, Thero had been rows between his daughter and her husband, but he knew nothing of it, He was sure that if be had replied he Tyonld have been injured, Ho did «oi kqow whefter' de/endant meant what he a.i«4i

Mr Skipper: Your countrymen very often say what they don't mean ? Witness: They may do. (laughter). By Mr Bunny;. Had given no provocation to defendant, He was standing with Wa wife pfl tberojdwlp the offence was committed, There was Borne trouble between his daughter and her husband. Patrick Savage'and his wife had lived with him for some time without any recompense. -

Mrs Helen O'onrov, -wife of informant, deposed that she knew defendant. The Savages lived in the same street with her. On tin evoking of October 29th shg.went to the house of Pa.tri.Qlt Savage. She was returning from her daughter's house, when she saw her husband coming. Her husband met her and sa\d ( "Come away 'home," \Vitne3,s said "All righ \," |ter, daughter liad out to the; ga,te' pi sajd I "My drank and, Qn thi floor, ;whst shall I do with the in^tf^pi^prfiewithnie

and SvsiH into the housed John:'-Savage arid asked who broiiglit; Patrick Ravage; home. John Savage replied .it wag Morris. She told him; it/was dis-" graceful to bring v the, man home ! beastly drunk. She thbn wont out on" to the road and met her .husband.. The three men then rushed out and defendant tackled: her husband, saying, "Get but of this or' I'll break your bones; get out, you and : your w—- of. b—; you're a public robber and a rotten: run-a-way-soldier." He also said, "If you don't get out of here I'll break every bouein your body, I'll burn' you within your house," .They were all 'on the road at the time, After- the offence had been .oonimitted they went home straight. • By Mi Skipper: This was not the only time they had had rows" with the Savages. /Her daughter -was married on the' 23rd of November, and they l»d not had "a pleasant day since. She 1 could not ; be friends with them when they wanted herself i and husband to keep them (laughter).;! ' She had nothing to do, with the j. defendant.: She knew that ; the , defendant had tried 7 to make irieuds j between. Patrick Savage and her. - daughter. Things were not peace' able and quiet;when she went over to f her daughter's house. ; . She could ■ notsaywhetlier defendant hadttied to make peace on the street. Her ■ husband- had ,not spoken to j defendant, He said nothing "at all, at all I". It was not very nice for lt her' husband to have three young a men against him, She was not very e much frightened at what defendant 4 said; v

• Mrßuiiny: This is the case, Witness: Call my daughter aud let her haye her say (laughter,) ; Mary Conroy Savage, wife of Patrick Savage, was then called and deposed that she remembered October 29th, on the evening of which day she went for'her mother. She saw her father in the street, who had come for her. mother. He stopped in the street and told her methe'r to come home. •John Savage then attacked them and used the language complained of. '■ "■" ■ (Left Sitting). ;