R.M. COURT.

Wairarapa Daily Times, Volume XI, Issue 3731, 9 February 1891, Page 2

R.M. COURT.

EKETA HUNA.—SATURDAY. (Before Colonel Boberts R.M) Insulting Language, Philip M'Barron v. M. Kelliher, Using insulting language in a public place. Mt Gould for piaintifi, Mr Pownall for defendant. The plaintiff, sworn, stated that he was standing at the corner of the street on 2nd February, when he saw defendant and asked him what reason he had for accusing him of stealing tools. Defendant denied having done so and made several boxes at him. Afterwards saw defendant at Parson's, when he made several kicks at him. Ho (witness) gave him a slight push and left him. By Mr Pownall : was the first to accost the defendant : A good many had told him that defendant accused him of stealing tools. Was ac«ng on the defensive when be chased (fefea~ dant aa far as Parson's. Gave him a push and he ftll on to his back on the footbath. By Mr Gould : asked defendant in a civil way what he had said sbout him.

John Selby, sworn, stated ttat he remembered the 2nd Feh-uary, when he saw Kelliher kick M6arron in front of Brown's shop- le did not see M'Barron do anything By Mr Pownall: Had ody just come out of the house, and aw nothelse transpire. In addressing the Coir* for the defence Mr Fownall coitended that no offe.'ce had beeu (toved. The information charged yUe defendant with using insulting in a public place. No had been adduced to support charge nor to show that an dfence had been committed in a puJlic place. The Court upheld these contentions and dismissed the case. A Cmss Action, v. M'Barron. —Three chargeJ. Mr Pownall for plaintiffs and Mr Gould for defendant. This wns a cross action arising from the previous case. deposed : 1 am a laborer, /saw Mcßarron, who met me at thdporner of the main road on the 2uu February. He called me some beastly names, caught mo by the and struck me on the head aW shoulder, and knocked me j down find tore my shirt. After bittiiw.me he said I went looking for picks in his place. A young along and shoved him away, i By Mr Gould : I picked up a stone to defenw myself. I went home after this. I jdid not go to Roaclie before I saw Ketjl'lier. I cannot write my name. I/waited to lay the information till If got the money. I gave Kelliher authority to lay the information. I went to Kelliher to get money to lay the information. I do not ljlnow the name of one person who saw me sign the authority to Kellihet to lay the information. Charles Ed A - ard Bremner, engineer, sworn, deposed : I was present with Kelliher on 2nd February, I saw Mcßarron acoosl him in the public street opposite the baker's shop. Was talking to Kelliher when Mcßarron came up and made some demonstrations towards him, that was to say he bad his hands raised in the air and wqs dancing round him. There was a sort of catch as catch can wrestling match between them, but Mcßarron started it. The result was a race. Kelliher walked away and Mcßarron followed, the pace increasing till they botb raq. Wcßirron made use of bad language, calling Kelliher a "d Kerryman, an Irish informer," and other names which were a little rough. This was on the Eketahnna Public Boad. I think the most of the people of Eketahuna were in the street at the time.

By Mr Gould : I was close enough to hear the words used. The whole aflair, that is the assault, was very j harmless, J aoies Stewart, sworn, corroborated the evidence given by O'Mallev, th 3 informant. Mr Gould examined this witness at some length. John Felling, sworn, stated he saw Kelliher and Mcßarron coming down the road. Kelliher was in afld Sfcßarron behind him using language of all sorts. [The witness here mentioned the language used.] He then saw Mr Mcßarron kick at Kelliher and follow him towards the police carop. The language was spoken loud enough for anyone to hear. A large number qf people were op tjie road. By Mr Gould : Mcßarron ran up to him to kick him. The language was used from in front of his shop down towards the camp. D. McGill, sworn, gave evidence pgn qbgrative of that of the previous witness, Maurice Kelliher, informant, sworn, stated he was talking to Mr Bremner when Mcßarron came up and accused him of charging him with stealing tools, and used some bad language, He made a hit at him, whereupon witness kicked at him. He said he would give the man in charge to Constable Roache, Mcßarron followed him all along the road, and opposite Aulin's store pushed him off the road. He saw Constable Roache, who refused to take him in charge as he had not seen the assault.

By Mr Gould: Did kick at M<; Barrorj. sas bepn convicted of assault,

Mr Gould addressed the Coi'rt, and submitted tlwt there were discrepancies in the evidence as to the bad language used. His Worship: I will dismiss th information as to the obsoen language alleged to be used.

Mr Gould then addressed the Court as to the assault on O'Malley. His Worship fined Mcßnrron for the assault on O'Malley £1 and coats £1 108, to be paid in 14 days, or 5 day's imprisonment, and for the assault on Kelliher 5s and costs £i 4s lOd, or two days imprisonment. Civix, Cases. Jameg Jopes y P. Mcßarron. No appearance ot defendant. Claim, £ll9. Judgment for amount and costs. John Wallace v. M. Kelliher. [ Claim, £l7 8s 2d, set off of £29 17s 6tlMr Gould for plaintiff, Mr Pownall for defendant. Mr Pownall stated that his client admitted tbe amount in the set ofi of £l7 28 for cash.The set off was allowed to stand over. Same v. Samp. Illegally breaking into a blacksmith's shop in the occupation of plajntiff. Claim, L2Q. Mr Gould stated the case for his clietit and o ( uoted various authorities on the subject, Plaintiff, sworn, stated he was in occupation of a blacksmith's shop which he rented from defendant, who put in a bailiff forrqnt. The b,ailiff did not ask to be admitted into the premises, Hq did not SCO tho bailiff

break in because he was at Pahiatua. By Mr Pownall: He did not refuse to pay rent because the house was on the county road. Mr Parsons, sworn, knew plaintiff and defendant in this case, Know the bailiff, but did not remember the date he came up. Sav him in November or December. Saw him pick up a horse shoe and force off the staple of the door, which was padlocked. He then entered the place. By Mr Pownall: He did not injure the place in any way. A. W. Rowse, sworn, gave ovidence similar to the previous witneHS. This closed the case for plaintiff. Mr Pownall, for tiie defendant, admitted that it was not advisable to break into a place, but he claimed that a re-entry had been mat's that a landlord had a right to tale possession any way he could. He quoted several authorities on the subject. No evidence was given in defence. His Worship intimate.l that he would cousider the case.

In the case for set off, Mr Gould objected to the claim for drinks. He admitted the cash and money paid to Miller, and distress account on behalf oi plaintiff. He claimed a credit of £ls 15s instead of £6 14s.

M. Kelliher, sworn, stated that the item of £1 10s in the account Wallace authorised him to pay Miller. He did so in the contra account standing between them. Wallace had the drinks standing in the account of about £ 12. He never retused to pay till the bailiff entered. Till then they were always friends. Ho was always helping him along with money and drink (laughter). By Mr Gould : After I had paid Miller, Wallace told me not to pay, I was at the sale, but Ido not know what the sale realised.

Mr Murdoch, sworn, deposed : I was present at the bailiff's sale, I took a list of all that was sold to the amount of £1515s lOd I was present at the whole of the sale. The bellows were knocked down to Kelliher. He did not know if they were delivered.

Wallace re-called, stated that the bellows were still in the shop. He knew they were knocked down to Kelliher. Diacisioa was reserved till next s g-