RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume II, Issue 192, 12 March 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday, March 11. Before J. Giles, Esq., M.D., R.M. BEUNK AND DISORDERLY. John Murphy was charged by Constable M'Mahon with being drunk and disorderly; with using abusive language ; and with obstructing the police in the execution of their duty; and Michael Scanlan was charged with attempting to rescue John Murphy, and with wilfully destroying the coestable's shirt. The Magistrate, after hearing Constable M'Mahon's evidence, sentenced each of the prisoners to pay a fine of £3 and costs, remarking that it was a ease deserving of greater punishment than the ordinary drunken cases brought before the Court. Half the value of the shirt to be paid to the constable out of the fine. ROW AT THE BAILIFF'S SALE. John Olune, represented by Mr Tyler, appeared to answer a charge preferred against him by Mr O'Brien, tie bailiff, for using abusive language, resisting him in the execution of his duty, and with attempting to escape from legal custody. Frank O'Brien, deposed—On Mon- ! day afternoon I was conducting a sale at the Wellington Hotel. The defendant Clune was there and made ; several purchases, amongst them was one for 7s, and for this he gave a £1 | note. I gave him a half-sovereign and three shillings in silver as change. This money he put into his pocket. Two or three minutes afterwards he threw down half-a-sovereign and 2s on the table, at the same time telling me that I had given him his wrong change. I told him to feel in his pocket, as I was sure I had given him the right change. He then said you are a " liar, and want to rob me," and he called, me repeatedly " thief," " b Government official." I then told him if he did not cease, I would lock him up. He again called me these foul names; whereupon I went to arrest him. He threw up his hands to strike me, when I struck him. In the struggle that ensued he tried to kick me. After I got up I again seized hold of him, saying, I arrest you, and cautioned the by-standers not to interfere, as I was a constable. Soon after this, Sergeant Williams came up, when I handed defendant to his charge.

By Mr Tyler—A great many people were at the sale. I gave defendant the change correctly. I put it into his hand. I only struck him once. He did not refuse to go with Sergeant Williams. He did refuse to go with me. I was not in a state of inebriety at the time of the occurrence. James King, John Munro, and a number of other witnesses, were examined in support of plaintiffs case, but their evidence, although proving the insulting language made use of by Clune, Avent to support the defendant's plea that the bailiff struck him first. John Clune, the defendant, denied the charge of resisting the police, and with attempting to escape from legal custody ; and although admitting having had a scuffle with plaintiff, denied having struck or used any violence to him until after the plaintiff had struck him three times in the face. Patrick Smyth, Robert Haynes, and five other witnesses corroborated the defendant's assertion with regard + o the plaiutiff having struck the defendant first, but were not quite so un mimous as regards whe was the first to use bad language. The Magistrate remarked, in giving judgment, that it was a case that did not require any comment from him. He had the bailiff's assertion that he went to arrest the defendant, and whilst so doing struck him in selfdefence, but the weight of evidence went to prove that the bailiff did not arrest the defendant in a proper manner, and had struck defendant first. It appeared that high words had taken place between the parties, when the bailiff feeling himself aggrieved had thrown aside his governmental character for the time, and had conducted himself as a private citizen —had struck defendant twice ; and after a struggle in which both parties got knocked about, had resumed his governmental character, and had arrested defendant for a breach of the peace. He should, therefore, taking all the evidence into consideration, dismiss the case, with costs against the plaintiff ; and he considered he should not be doing his duty did he not express his opinion that the plaintiff was deserving of censure. The Court then adjourned until 10 a.m. this day.