RESIDENT MAGISTRATE'S COURT, HAMILTON.

Waikato Times, Volume XXX, Issue 2431, 9 February 1888, Page 2

RESIDENT MAGISTRATE'S COURT, HAMILTON.

Yesterday—(UeforeMr H. W. Northcroft, E.M.) Several small debt cases were dealt with. IvNOX V. CAUDIN. Tliis was a charge preferred by Mr John Knox against Mr F. Ganclin, both of Hamilton, fir using insulting language towards the complainant on the I.lth January last, which .vas calculated to provoke a breach of the.peace, and asking the Court to restrain defendant trow a repetition of such conduct by binning him to observe the pence. IJefeniiant pleaded not guilty. Mr Macgregor Hay and Mr O'Neill appeared for the complainant. Mr Hay entered into a full explanation of the charge, and said that in laying the complaint Mr K-'mx had considered the position of the defendant and only desired to have him restrained from repeating such abusive language towards him. Mr Knox gave evidence, and was examined by Mr O'Neill. The Court demurred to all the legal talent being engaged by one side, as it seemed to debar the defendant from employing legal assistance. IJotli counsel said they had been retained by Mr Jvuox, and it was not usual for lawyers to refuse to be

retained. The complainant deposed that he hud been in the old Waikato K«kiiuenfc «» Colour-Sergeant, which he left m good repute, and had obtained his land grant. It was untrue that lie had been degraded by Col. Moule '.in public parade for disgraceful conduct and swindling his captain. On the occasion of the offence the defendant was in his auction room and was not sober, but not entirely drunk. Lie detailed the conversation thut held led up to the chargea made against his character. Ho at first took the matter as a joke and expostulated with defendant; but ho re-iterated tho accusation and said he could prove it. The complainant then said that for the sake of his children, he would not let the matter pass unnoticed. He asked for sureties for the peace, and did so through no hatred or malice. Cross-examined by defendant: I am sure you stated that mjy stripes had been taken off. You did not ask whether such had been the case, nor say that you had heard so, but made a positive assertion. I never held any other mark in the regiment, but Colour Sergeant. I gave evidence against Sergeant McCowan of No. 1 company, who was then tried by court martial by Colonel Moule. I do not know if my evidence was satisfactory, but McUowan got off. On the parade when McGowau was released. I was put under arrest. I have not engaged botii lawyers from any vindictive feeling. T did not say you would be boycotted out of Hamilton. I did say I would put stop f o your conduct if it cost me two.

By the Court: I was released from arrest after a few weeks, and that was the end of the matter. Col. Moule afterwards apologised to ir.e for what had taken place. G. H. Carter, Mr Knox's clerk, gave evidence as to what took place in the auction room. Joseph Hinton, deposed that he was in No. 2 company, of which Mr Knox was Colour-Sergeant up to tho time it was disbanded. His stripes had not been cut olf to the best of his knowledge, James Calderwood, formerly of same regiment gave similar evidence. 13y defendant: Col. Moule at the parade at which Sergt. McGowan was released, made some very uncomplimentary remarks about Mr Knox. Defendant said he had 110 witnesses to call. He left the case in the hands of the •Court. The evidence showed vindictiveness 011 the part of the complainant, and the whole affair was more like a fish wife's squabble. He was ashamed of his part in it, anil the law being all arrayed on the other side was unfair to him, His Worship said ho thought bygones should be bygones. Defendant, as an old constabulary man, knew that a colonel .could not take upon himself to remove the stripes of a non-commissioned officer without a court-martial. McGowan had been tried and acquitted by court-martial. It was a.'pity for all parties this quarrel had happened, as both are residents of the place. Tn carrying out orders between commanding officers and non.commissioned officers a good deal of unpleasantness had often happened. - Mr Hay said that tn show that there was no vindictive feeling the complainant would at this late stage of the proceedings withdraw the complaint, and refrain from asking for costs if the defendant would make n full retraction and apology in this Court. Mr Gaudin said he had made his assertions from no ill-feeling, but from general hear-say, and as the evidence showed they were untrue he very much regretted his language, lie withdrew all he had said, which he found was untrue, and he apologised for the offence he had given, Counsel being satisfied with this tho charge was withdrawn.