RESIDENT MAGISTRATE COURT.

Westport Times, Volume III, Issue 472, 2 March 1869, Page 2

RESIDENT MAGISTRATE COURT.

Monday, Mabch, 2, | (Before J. Giles, Esq., R.M.) " PBOVOKED TO THE HEART." Margaret Walsh, residing at tbe South Spit, was charged, on the information of Ellen Pascoe, with certain acts of an offensive nature which were likely to be repeated, and might tend to provoke a breach of the peace. Ellen Pascoe : I came out to the line, your Worship, to hang some clothes. Margaret Walsh was at her door. She picked up two stones and threw them at my fowls. I told her if she threw stones at the fowls, I would have to take her to the court. She took up a third stone, your Worship, and she threw it at the fowls in my presence I was close to her. After I told her about the fowls, and abused her a little, she says this way, your Worship—" Hiss, get out; hiss, get out; hiss, get out." I said " A woman at your hour of life should have better sense than to provoke a poor woman like that." I went into the house, andshe never knocked it off, whistling and coughing all the time, and provoking me. I never abused her before ; only on that day ; and I can't live unless I get protection from the Court against her.

By Mr Tyler: Yes j I abused her a little. I told her that a woman at this hour of her life should not provoke me as she was doing. And, after she brought me out by provocation, I said " You old devil, swaggering your tail about the Point, and provoking everybody !" The fowls were close to her. She has fowls, but they were not there. I saw no chickens there. She never opened her mouth to make an answer to the fowls, but picked up the stones. I brought an action against her husband last week, but I never said a word about the case to her. I called her a devil, but she provoked me before that. She called me nothing. She was whistling and coughing, most provoking. She provoked me to my very heart, and I must get the protection of the Court. I could not say whether she had a cold or not. I should say not. It was this way — " A-him ; a-him ; a-him."

The Magistrate said he certainly could not hind over the defendant to preserve the peace without binding over the complaisant. He dismissed the ease. packers' point politics. Owen O'Neill was charged, on the information of Thomas Nelson King, with using provoking and insulting language. Thomas Nelson King: The defendant came into my place at Packers' Point on the afternoon of Thursday last. I was standing in the bar, reading the newspaper. My wife was sitting down sewing. The defendant put a folded paper on the counter, and went away. I sang out to him " What's this ?" He said "It is for damages that your geese have done in my paddock." I said, " There is nothing in your paddock but weeds." He said " You're a liar. You bloody old doi", I'll summons you,andhoistyouoff the Point in a few days." "With that Mrs King said " You are no man to make use of such conversation —tospeak to my husband in such language." He said " You don't know whether I am a man or a woman," and he added an obscene and insulting expression. Mrs King said " Tou hound, if you use such language to me, I will horsewhip you to-morrow morning in the presence of all the men." I had neither done nor said anything to annoy him. Ever since I made a complaint to the police about his selling grog, he haa been annoying me. The defendant said he was charged with the offence on the 26th, and he denied having spoken to the complainant.

Mr Pitt, for the plaintiff, explained that the summons was mis-dated. It should have been the 25th. The defendant applied for an adjournment, that he might get a witness and " reduce to memory " the conversation on the occasion. The Magistrate's impression was that, the objection to the case going on was trivial and vexatious, and warned the defendant that, if it proved so, it might prejudice his case. He, however, adjourned the case until this day. The civil case of "Waiter. Corcoran was adjourned for a week.

WESTPOKT PROGEESS COMMITTEE. At the meeting of the Westport Progress Committee, on Friday, the members present were Messrs Tyler (Chairman,) O'Conor, Humphrey, Milne, Alcorn, Field, and Leslie. HIYEE WORKS. The Hox. Secretary read the letter which had been received from the Provincial Secretary, and which has already been published. The letter stated that river protection works could not be undertaken, and that tenders for making the Buller Valley road to the Lyell would shortly be called for.

The Chairman asked if the meeting thought it necessary to notice the letter further than to acknowledge it. Attention might be called to the fact that no steps had yet been taken towards the formation of the road to the Lyell. Mr. Field stated that a surveyor had left town for the purpose of laying out the work to be done, and he was to be met up the river by Mr Lowe, who was coming overland from the Grey district. Mr. O'Conor thought the letter a very peremptory one with regard to the undertaking of protective works, but he imagined it was hopeless to expect anything else. Mr. Alcorn said that, every day, the necessity for some works was becoming apparent. Lately there had been tons upon tons washed away, and people were being constantly called upon to effect repairs. But he did not believe that anything that might be said would have any effect with the Government. Mr. O'Conor : The last work that was done was not nearly sufficient. It was a very weak paltry affair. It was more like a fence to a kitchengarden than river protection. Mr.FiELD suggested that, in acknowledging the letter, they should represent that further damage had been done to the river banks, and that there was again necessity for some temporary works. The Chaihman agreed with the suggestion. If the damage went on at the same rate as at present, the river would be into the houses before the Council eould meet and grant the expenditure to which the letter referred. The Government was likely to have some funds now, because the General Government had been paying a moiety of the consolidated revenue. That which was paid to the Provincial Government in excess was, he supposed, paid back by this time, so that , they might now have funds, although , they had not two or three months ago. , Mr O'Conor thought the Government should also be reminded by whom the last temporary works had been constructed. The passage in the reports referring to them looked very much like a flourish on behalf of the Government, wheras they had done . only what was entirely unworthy of notice. They would really make it appear that they were doing something for the protection of the river banks, , but they were only assisting a few of . the inhabitants who were doing the , work. He moved: —" That the Hon. . Secretary be requested to acknowledge , receipt of Mr Greenfield's letter, and . at the same time draw his attention to the state of the so-called temporary protective works, explaining that they were constructed principally by public subscription, and that, through the . extreme weakness of the works, they , have been unable to resist the action . of the spring tides, which are now destroying them, and rapidly taking away the river bank." Mr Milne seconded the motion ; and it was unanimously agreed to. COUNTY SEPARATION. The Chairman inquired if there was any other subject which it was desirable that the meeting should consider.

Mr O'Cokor: "We might consider how far Mr Tyler's action in resigning the part he took in connection with the question of Separation has compromised us all, and whether, having initiated action in the matter, we are now deserting our colors. If we have come to the conclusion that it is no longer necessary to pursue the subject, i let us say so, and let it be understood what we mean. If, on the contrary, we continue to hold the same opinions, we should not continue in the ambiguous position which we are now occupying. I am very sorry that Mr Tyler has declaredhis intention to withdraw, because to his action I had looked forward with great hope. He was taking a great deal of trouble in the matter, and I am still at a loss to understand why he should alter his mind or his intentions. I think we may still rely upon his abilities in assisting us to carry on the question. Or, if he should retire, he will do so on good and sufficient grounds. The Chairman : It is not necessary for me to repeat what I said before. I gave my reasons then for taking no prominent part in the matter, or otherwise than as a private individual. As a private individual, I said, I would render what assistance I could, intending not to do any more than any private person would do. That intention I carry out. But if one member retires from the discussion of the question, it need not influence the whole Committee. It would show weakness if one member, by retiring, should deter the others from taking the matter up. If this Committee are of opinion that Separation is desirable, their exertions are surely not dependent upon individual members. The Committee may take what steps they may think necessary, but I decline to take a lead

in the matter, and, since the last meet' ing, I have seen no reason why I should alter my determination. It seems to be universally admitted, with one exception—and that is, the Government officers—that Separation is desirable, so that I should think there is no difficulty in finding men who would undertake to represent the matter. Certainly the success of the movement cannot depend upon one individual, and more especially upon myself. It does not redound much to the credit of the Committee if it does so. lam inclined to believe it is not so. Other members of the Committee, if they choose to put their shoulders to the wheel, and go into the matter, may do just as much as I would do. I nave collected statistics which I will be glad to place at the disposal of any public meeting, and I think I can show a very good case against the Government of Nelson with respect to the revenue and expenditure of this part of the Pro. vince.

Mr O'Coson : I am very happy to think, from what Mr Tyler has just stated, that he cannot be said to have retired from the movement altogether. He merely wishes that it should not be considered that he is the leader. If that is the case, I do not think Mr Tyler has done anything to compromise himself or us. The question remains as it was. As the Progress Committee we are in favor of Separation, but I beg to move that a public meeting be called, to condider the question, and to appoint a committee to carry out the object, if the public consider it desirable to do so.

Mr Humphrey seconded the motion. He thought it decidedly preferable to to leave the matter to the public. Mr Milne considered that everything around them suggested the necessity for Separation from the Government of Nelson. He knew that the feeling in the outlying districts was very much in favor of it, and he believed the feeling was not without good grounds. They had only to look to the contrast presented by what the West-land County Council were now doinx?. They were improving the district in every way, holding out inducements to people to stop in the country. Here inducements were chiefly given to people to go away. The Government were arguing over a small item about the urgency of which no one could have a doubt—the item necessary to secure the settlement of the now increasing population up the Buller. Unless the people asked for Separation they would never get it, and, to test the feeling, a general public meeting was certainly to be preferred.

Mr O'Conor thought that what wa« required was the public support and some funds, and the Committee would be discharging their duty by calling for the public voice in the matter. The question arose, who should call the meeting. It would be rather a diflicult thing for Dr Giles, as a public officer, to call a meeting of the kind. He thought the Chairman could do so, on behalf of the Committee. The Chairman thought it was decidedly desirable to ascertain the public feeling. There were also others outside the Progress Committee who might render valuable assistance in promoting the object, if it were once approved of. It had to be remembered, however, that, though warmly approved of here, the feeling at Cobden was opposed to it. Mr O'Conor : Let Cobden oppose it; there is no population there. Will the diggers up the Grey oppose it ? They are not identified with Cobden. Mr Alcorn: Would it be advantageous to have a county from the Razor-back to the Karamea ?

Mr O'Conor thought we might have either our own boundaries, or a federal union with the Grey. Such a union would be of advantage to the interests of both districts. Their interests were the same. He did not see why local feeling should interfere with anything of the kind. He imagined there was no heavy debt hanging on the Greymouth district. The Chairman: There is a very large debt hanging over the County of Westland. Mr O'Conob: That would be a great consideration. It was not very likely that the Grey would join with an encumbered district. He would, however, almost see this place a dependency of the Grey than of Nelson. It would fare better. Let them look for a moment at the position they were in at this election. What chance had they to get a representative who was interested in the place ? None of the gentlemen of position in the town could afford the time for such an aimless office as that of representative in the Nelson Council. The district might as well be a dependency of the North Island as of Nelson.

The motion, that a public meeting should be called, was put, and unanimously agreed to. REGISTRATION. Mr o'Conor reminded the meeting that the electoral roll was now open for additions, and he thought it would be well for the members of the Committee to use their individual influence in urging the inhabitants to get registered forthwith. Mr Eeid bad printed a number of forms, and a considerable number of persons had already signed them, for the purpose of having themselves registered. The Chairman thought that what Mr O'Conor proposed was all that the Committee could do, and he had no doubt that the members would bring the matter as prominently under notice as possible. The meeting waß then adjourned.