CAMBRIDGE R.M. COURT.

Waikato Times, Volume XXXVIII, Issue 3092, 10 May 1892, Page 2

CAMBRIDGE R.M. COURT.

MURPHY V. BROWNING AND VICE VERSA. This case was heard by Captain Jackson at the Cambridge Court on Friday last, and a<i we briefly announced in list issue, it resulted in the plaintiff being defeated, after which the cross-aation was withdrawn. It is a considerable time since the Catntaridgo Court was so crowded ; indeed the whole of the Court-house and the paseasre leading thereto was literally crowded during the whole day. By the majority of the inhabitintswho know both parties it was considered a decided attempt to blackmail, and the result proved they were not far wrong in their prognostications, for the Council for the defence when addressing the Bench did not hesitate t> pronounce it such, and by the verdict given, Captain Jackson was evidently of the same opinion. Mr R. W. Dyer appeared for the plaintiff, and Mr W. M. Hay for the defendant. Mr Browning had a criminal information against Mrs Murphy asking for her to be bound over to keep the peace, fur threatening to blow his brains out: but this was eventually withdrawn. Mr Dyer gave a resume of his client's case but as it comes out in the evidence we do not recapitulate it. Plaintiff claimed £13 damages for assault, and £2 special damages for medical attendance. Mary Theresa Murphy deposed : I am the plaintiff, T know the defendant. I remember the 3rd April; on that day I went to the National Hotel to get my dinner. I thought I heard the voice of some one that owed me some money in the bar, so I went in. Mr Bach filled a gla«s of beer for me, as he usually does when I have dinner there, on Sunday as is iny custom. Messr-i Brunskill. Browning, Atty, and tho landlord were in the bar. When Mr Bach filled up the beer, Mr Brunskill said. "I will p*y for that." I said, "Seewhat itisto have a " townie." " Mr Browning said: " There is more than townie between you." Mr Brunskill said : "You belie Mrs Murphy, and, my boy. you belie me. You will have to apologise." Browning said he would like to see the woman he would apologise to. I said if he did not apologise I should put the glass of beer in his face. Mr Brunskill took the glass of beer and set it down, saying, "Don't do that, Mrs Murphey." The dinner bell then rang and I went down to Hewitt's and had dinner. I then went up to my own house and got an old-fashioned pistol. The hammer of it was broken off, and it was not loaded. I went up again to the National to try and frighten the defendant. I went into the bar and there was an old man called Weal, Charley Craig, Mr Bach, and the defendent. They were all by the window ; defendant was standing up and the others sitting down. I said : " Now, Mr Browning, will you apologise for what von have said to mo today : or if you don't I'll blow your brains out." I held the pistol upwards for fear he should see tho broken hammer, Ho said : No, he would not apologise. Craig aid Weil then took the pistol out of my hand. He raised the pistol and said: "This is harmless." I said he should have put it in his pocket, and have frightened the coward. Browning caught me by the right arm and left wrist and got my hands behind my back. Messrs Craig and Weal then went out. Defendent held me like that for about ten minutes. He dr.igged me along for about half-a-dozen steps backwards, and said: "Am 1 a Ratkeil bustard or brat? " He hurt my arm and wrist terribly. He made several other remarks. I did not see any drink, and everyone seemed quite sober. I screamed to Mr Bach that he (defendant) had broken my wrist and arm. Mr Bach said : " Be a man and let her go." I have been compelled to giro up my business for a fortnight through the damage received. My right arrii was black from shoulder to elbow, and my wri<t was very painful. Defendant then went outside. I cried to Mr Bach that my wrist was- biv.ken. It is for this assault that I claim damages.

Cross-examined by Mr Hay : I have been in this court before several times. On such occasions I always spuke the truth. Constable Brnnnun knows I always speak the truth. Every word I have said to-day is the truth, tho whole truth, and nothing but the truth. I swear it was after 12 o'clock when I went to Ba::!i'-<, and that I went there to get dinner. I heard tho voice of a man named William Hickey, of Cambridge West, who owes mo money for fish. [She then again described what took place between defendant, Brnnskill and herself in the bar.] Defendant spoke in a joking way. I have a quick temper, but on this occasion I behaved like a lady and did not exhibit any temper. I did not swear at the defendant —I never do swear; neither did I call him a Limerick bastard. lam sure he was there in the bar when the dinner-bell rang. I did not use any offensive language to the defendant. I left Limerick in about 1573. I did not pay inv own passage out. I was then about 28 years of age. I was married, and my name was then Murphy. When I went to Hewitt's I had a good dinner. I did not ask Mr Hewitt to cut up my meat for mo ; I ate most pudding. I did nor have anv drink at Hewitt's at dinner; neither did I have any drink between the time I left Bnch's and returned again I don't know what is the birrell or lock of a pistol. I know what the lock-up is for I have been there. I brought the pistol from Ireland with me ; it belonged to my first husband, who was a policeman. I showed the pistol to Constable Biennan, and asked him if I could use it against a snake in the grass that used to wander up and down Brewerystreet. I went to the National Hotel to extort an apology by false pretences. Defendant would not apologise. The old mai l who took the pistol from me did not put his arms round my waist; I would allow no man to do that. I gavo the pistol up without the slightest struggle. Weal showed the pistol to Browning before he seized me, and said, "It is harmless." Defendant took me by the right arm and left wrist. After defendant let me go I did not use any bad language to him. At no time during the interview did I use bad or insulting language. Mr C. M. Bramskill's evidence supported the statements of Mrs Murohy up to the part where Mr Browning spoke in the bar. This remark, the witness said, wa?: "Perhaps he is more than a countryman of yours." It wa3 said in a jocular manner, and never cost him (witness) a thought. Mrs Murphy then became very indignant, said it was a lie, and that defendant hnd no business to make such a remark. She demanded an apology several times, and threatened to throw a glass of beer in defendant's face. Cross-examined by Mr Hay : I don't recollect that defendant said why he would not apologise, but ho may have done so. Plaintiff certainly used very insulting language after the supposed insult. She called him a Limerick bastard, or words t« thst effact. I don't think the defendant, when he made the remark, meant to inlinuata anything bad. Mrs Murphy's language was very violent. Mrs Murphy's statement that Mr Bach offered her the glass of beer is not correct. I don't remember asking Mr Browning to apologise to Mrs Murphy. I cannot swear the words defendant used were not "Perhana you are more than a countryman of hers."

Re-examined by Mr Dver : Mrs Murphy evidently took the remarks made by defendant seriously. Arthur Bach denosed : I remember the 3rd April. Mrs Murphy came to my hotel on that day at 12.20 p.m. Messrs IJninskill, Browning, Attv and myself were in the bar. She asked fur a glass of beer, .and I drew her one. Mr Brunskill said, " I'll pay for that." She said it was very good of him. After a few words had parsed defendant said "Perhaps more than countryman." Mrs Murphy asked him to apologise. Ho said he did not mean any harm ; that he had nothing to apologisn for, and wonld not do si. Plaintiff said sho did not wondor at defendant making such a remark, for if he was one of tlie Brownings of Ratkeil hn had not been used to respectable women. She then threatened to throw the glass of beer in his face, but Mr Brunskill took it from her, after which, she went away. She came into the bar again at 3.20 p.m. Messrs Craig, Weal Browning and myself woro present. As

soon as she ciunn in aim suid : " Is Mr ttrunskill here, Mr Bach ?" I replied, "No !" She said: " I enn srse Mr Browning is here." She demanded an apology from him, but he declined, saying he had not said anything to apologise for. She then pieseuted a pistol at, him, saying sho would blow his br.iins out. She cowivd him with the pistol, and it would lm\v killed him if it had gone off. Weal jumped up, came behind her, and put his arms nund her. Then dofendant caught hold of Mrs Murphy'-; left wrist with his right hand, and with his left hand he c-mght hold of the same arm between the elbow and shoulder. Someone then took the pistol from her, and Mr \V>,;il let go his hold of her. Defendant kept hold of her, and asked if someone would bo for the police. Ho held her by the left arm which ho had doubled behind her back. Me held her three or four minutes. She said to me, " Make this man loose me ; ho is killing mo," oi words to Chat effect. I said, " Let her go, Browning." She said she would wait till the policeman came, and h» let her go. Browning then went out, and Mrs Murphy followed him. I saw the pistol ; it was on the counter when I went back into the bar. The pistol was an old white-handled one. I did nut notice that the hammer was broken. I don't know what became of the pistol. I handed it to Mr Weal, and he gave it to Browning. I have not seen it since. Cross-examined by Mr Hay : Plaintiff was very excited when she first came into my place. When defendant would n-jt apologise, plaintiff made very insulting remarks about the Brownings of Ratkeil, and said it was well known many of them were bastards. I don't think defendant intended to insult plaintiff, but she used very insulting language to him. I don't know that plaintiff is in the habit of using bad language. She was sufficiently close to defendant to have struck him with the pistol. I quite thought she was in earnest when she threatened to bbw defendant's brains out, and I thought the pistol was a good one. When plaintiff said sho would stay till the police came, defendant let her go. The whole thing took place in a very short time. Eight days after Mrs Murphy was selling fish, for she came to the Borough Council chambers trying to sell some while the council was sitting. I never knew Mrs Murphy to dine at my place on a Sunday in my life. After she was let go she used very insulting language to defendant. Re-examined by Mr Dyer : I don t remember Weal making any remark about tho pistol after it was taken from plaintiff. I do not remember Browning making any remark when he was holding plaintiff's arms.

Dr. Cushney deposed : Plaintiff came to my residence on the evening of April 3rd. She came about her left wrist. I looked at it. One of the tendons was strained and a slight swelling over it. I bandaged it and tnld her to keep it quiet for a few days. I did not see her other arm on that occasion. The next day I saw her other arm ; it had a circular purple patch upon it between the elbow and the shoulder. There was no other injury, either temporary or permanent. I saw plaintiff again on the 19th. She said she thousrht her arm was mortifying, as a preen patch had appeared below the purple patch. By that time the purple patch had almost disappeared. She complained of pain at the right elbow joint. I told her to foment it with warm water ; there was nothing wrong with the joint at nil. That was all I had to do with plaintiff. My charge would be los. Constable Brennan deposed plaintiff showed him a pistol about two months ago. It was out of repair and useless, a small portion of the hammer being broken off. He did not know where the pistol was now. He beliered defendant told him he had thrown it away. This closed the plaintiff's case.

Mr Hay called Charles Craig who deposed he had been subpoenaed by plaintiff but had not been :alltxi. He then gave his version of the proceedings of the afternoon of April 3rd., at the National Hotel. It corroborated Mr Bach's evidence in all respects as to the pistol being presented at Mr Browning and Mr Weal putting his arms round plaintiff and taking the pistol from her. Weal then said : " Take this Bach, and you keep it." I then said " Come on Weal it is time we were away." We then weut matnde and Mr Browning followed soon after. Browning was not more than three or four minutes before he overtook us. The exact words Mrs Murphy made use of to defendant, wer<?: "By God ! if you don't apologise I will blow your brains out." I believed the pistol was loaded when it was presented. She appeared to be in earnest. Cross-examined by Mr Dyer: When Weal and I left the hotel, Mr Browning was holding Mrs Murphy by one hand only. When Mr Weal t>nk the pistol from Mrs Murphy I did not hear her make any remark. I don't know what has become of the pistol. By the Court: When Mr Weal seized Mrs Murphy to take the pistol away, we all certainly believed it was loaded. James Weal deposed: I was at the National Hotel on April 3rd. Plaintiff came in ami said something to Mr Browning about satisfaction; with that she drew a pistol from her pocket and said she would blow his brains out. I caught her hand and took the pistol away from her. I handed it to Mr Bach or put it on the counter, and went away directly. I thought she was in real earnest when she presented the pistol. Cross-examined by Mr Dyer: I really thought plaintiff intended to blow defendant's brains out. I caught plaintiff between the elbows and wrists. I had hold of both her hands till defendant assisted me by taking hold of one, then 1 took the pistol away from her. She did not tell me to put the pistol into my pocket. Craig and I then left. Ido not know if Browning was holding Mrs Murphy when I left.

Re-examined by Mr Hay : I don't think it was above two minutes till Browning joined Craig and myself. Defendant deposed : I am a farmer and reside at) Tsimvhara. On April 3rd last, I was in the National Hotel. Witness here gave an account of the morning's proceedings, but the remark he made to Mr Branskill was ; " May be you are more than a countryman," after which Mrs Murphy threatened to throw a glass of beer in his face if he did nut apologise. I said I ii.vi done nothing to apologise for r.nd would not do so. She then said she knew my family nt home and most of them weri bastards. Brnnskill then tried toappeise her and I went away. (Witness then recounted the afternoon fr.iy which corroborated the evidence of Messrs IJ-ich and Weal). When she presented the pistol she said: "I will blow your brains out with this — revolver.' I thought she had a revolver fully loaded and was in earnest. She behaved as if she was in earnest and was very excited. I got hold of her left wrist with my right hand »nd the muscles of the same arm with my left. As soon as I knew she had given up the pistol I let her go. She then used most abusive language. I did not have hold of her above two to three minutes altogether. Thi3 was not all the evidence, but as it was by this time dark and the Magistrate had the only candle that was forthcoming, our reporter could not take notes; however the remaining evidence was not of a material character. Mr Hay th°n addressed the bench for the defence and said he did not think he had any case to answer, for plaintiffs own witnesses had contradicted her on nearly every point, and anyone was justified in protecting themselves when their life was threatened, as had been the case with his client. He then dissected the evidance and pointed out how the whole of plaintiff's witnesses flatly contradicted her on all points pertaining to the fracas that took place in the afternoon. He said the claim for damages was nothing more nor less than an attempt to blackmail the defendant. He had been astonished that his learned friend had taken up such a case, bub since the plaintiff had been proved such a liar, as she had been in the Court that day, he was no longer astonished as his learned friend had doubtless not heard the truth of the matter till he cameinti Court.

Mr Dyer made a most eloquent appeal for plaintiff, and pleaded an assault had been committed as plaintiff was held after the weapon had been given up. With regard to the remarks made by tho counsel for the defence; lift aaid he should always do his best for his clients irrespective of their social positiun. Without the slightest hesitation Captain Jackson dismissed the case, plaintiff to pay costs, £3 17s. The verdict was received with cheers, which were, however promptly suppressed. Mr Hay, on behalf of his client, then withdrew the criminal information against Mrs Murphy.