RESIDENT MAGISTRATES' COURT.

Waikato Times, Volume XII, Issue 986, 17 October 1878, Page 2

RESIDENT MA GISTRATES' COURT.

Hamilton, October 15.

(Before W. N. Searancke. Esq , J.P., and I. R. Vialou, tisq., .T.P.) Robert Glover and J. H. Tyrrell, members of the Jessie Raymond Caledonian Troupe, were charged with assault on Kichaid Burke, of Obaupo. Mr W. M. Hay appeared for the prosecution, and Mr F. A. Whitaker for the defence. All witnesses were ordered out of Court. R. Burke, sworn, stated that on Sunday evening, about half- past five o'clock, Glover came to his licensed house, at Ohaupo, and asked for accommodatioo. I declined, as my house was full. My house has the requiaed accommodation. He said what is the d d house for, but to accommodate people. H* went on m that strain for some time, until I told him to clear out, as it was no use his stopping. They did not clear out, and a female coming to the passage, they told her, and I then went outside myself, after first locking up the bar. When I came back, the lady had gone. The prisoners came m to tea, and made use of bad language, calculated to provoke a breach of the peace, abusing the house, &c. Some tim« after, Glover asked to have some drinks. I gave them. Tyrrell said he would not drink m the b y house. Glover said to me, you ought to be d d well ashamed of yourself, and you ought to be d d well kicked into the bargain, I then closed the door from the passage to thb bar, and a>ked them to go away. They remained, making use of abusive language. When I opened the bar door again, Glover threw a pint of beer m my face They then both abused me, and challenged me out to fight. Tbey then came to the sitting-room window, and called out, '• Burke, the dog" I had, m the meantime, sent for the constable. Tyrrell said, if there were six of them, they would take charge of my b y home. To Mr Whitaker : I have 14 bedrooms and two sitting-rooms. I had Stewart, Taylor aud others staying m the house. 1 did say, after provocation, that I would not lei Gloverin,ashemight3teal my spirits. I had no one sleeping m my sittingrooms. I do not think all the 11 rooms were occupied. The female had children with her. 1 don't keep a loaded whip hi the bar. I defended myself with a carriage, whip. Glover made a blow at me through the half door. I tbun struck at him with my whip, but missed him. Glover shouted for five or six people. I believe they slept m one of the railway carriages, it was raining that night. I dou't remember the .

words when I s.ruck at him. I told him that I wou d n>t allow him to stop iti my house, as ho might have stolen my probity. To Mr Hay : The lady made use of very bad language, culled me a d d brute, «fee. To the Court : Glover struck at me after the beer hud been thrown m raj face. Henry Triatam, sworn : I am a butcher at Ohmpo, I saw prisoners at Burkes Hotel about 6 p.m. on Sunday last. After tea I came out on the verandah. Glover wanted us to go into the hotel and have a drink. He went. Tyrrell then asked Glover if he wou.d not aak'ihirn also to h»ve a drink. Glover asked him, and Tyrrell replied, not m such a dog's house. Mr Burke didn't say anything up to this time. Glover said to Burke, E don't know wh\t you think of sending a female away, but I think you are a white livered dog. They called him a d d dog and other names, and told him tLey would {rive ' it him m ihe newspapers. Burke told them they had better go outside, if they could not conduct themselves better. Giover took off his coat and invited Burke outside and he would give hini a d — — d good thrashing. While taking off his coat he gave the beer to Tyrrell to hold, and when he returned he threw the beer m Burkes face and went on calling- him names. They two then made at one another over the half door, but a lodger seperated them. Afterwards, prisoners went on the verandah. Tyrrell said if Burke would come out he would thrash him. W. McMmius, a laborer, residing at Ohaupo, deposed to being at the hotel oq the evening m question, and saw the piisouers and party Hvrive. Thero were five or six of them. Id d not hear them ask for accommodation. I >)on< know if the house was full. I saw a female there, who did not behave 7 very creriirabl v. Her language was rough md unbeco niog. Prisoners both called Bu ke a white livered dog. Mrs Glover told her husband to paint Bulge's face, and she would come up next day to S2e them. Burke tried to get out of the wav, rather than answer him, I was at tea. The prisoners tried to a/gravare Burke. After tea, on the veranhah, I heard the prisoneis say, if (here had been six of them, instead of only two, they would have taken possession of the house. S. Taylor, a carpenter, residing at Ohaupo, deposed to hearing Mrs Glover call Burke a pig and a dog. She didn't behave m a ladylike way. Prisoner also abused Mr Barke, calling him a pig and a dog, tor not accommodating him. Witness deposed to the provocation generally, the throwing of the beer m Burkes face, as sworn by previous witnesses. Alfred Stewart, a carpenter, resi ing at Ohaupo, gave similar testimony. He / iyd been told that the '• ■ ctors had come," and he went to Birke's to have a look at them. He was there about 7 o'clock, and saw rhat Tyrrell was trying to induce Glover to kick up a row. Mr Whitaker called Jessie Glover for the defence. To the surpri-e of th^ opposite counsel, Mr Hay, he fouud this witness was the lady who had been sitting close beside him m Court during the bearing of the case, and he at once objected to her leaving her sttit for the witness box, as she ought to have left the Court with the other witnesses at the first. This closed the case. The charge against Tyrrell was dismissed, and Robert Glover was fined 20s, aud costs £7 13s 6d, or m default 7 days imprisonment with hard labor. The fine was paid.