MAGISTERAL.

Gisborne Times, Volume XXVII, Issue 2518, 3 June 1909, Page 2

MAGISTERAL.

WEDNESDAY, JUNE 2. (Before Mr W. A. Barton, S.M.)

DRUNKENNESS

Harold Benson, on remand, admitted being drunk on May 26th. Hie accused' (had been remanded for mpdical treatment, as lie was suffering from the effects of his debauch. A fine of £1 with costs lCs (3d in default 6 days’ imprisonment was imposed. OFFENDING CYCLISTS. For cycling on the _ footpath within the Borough boundaries H. Muldoon, Robert Sooon, A. Parnell, Peter Raven, W. Whitfield, H. Harvey, G. Marlow, Charles Morse, H. May, P. Holmes and F. S. Malcolm were fined 10s with costs 7s, and for riding at night without lights F. S. Malcolm was lined os with 7s costs. ALLEGED ASSAULT. A STREET INCIDENT. Charles E. Christopu’o, tea-room proprietor of Gladstone Road, proceeded against James O’Dowd for assault, alleged to have been committed on the night of Saturday, May 29th, and_ in a second information made application that the defendant O’Dowd bo bound over to keep the peace. Mr Burnand appeared for the informant and Mr Sainsbury for the defendant, who nlended not guilty. Mr Barnard’ said that the defendant had employed a girl named Busliby and pressed his attentions upon her. The girl left defendant’s employ to go to work for' Christopulo. On the date in question the girl and the informant were walking along the street, when the defendant picked a quarrel and struck informant. Rose Busliby, married woman, said her daughter Gwen had been employed by the defendant. She had reason to influence the girl to leave her employment. The defendant had threatened her daughter, and as her daughter was then employed by Christopulo, witness asked the informant to protect the girl from O’Dowd. The defendant had said he would “sling” off at Christopulo and then smash his face. When O’Dowd came to her house lie had business about a lease and a lull of saio which he Feld over her furniture. Witness sought the protection of the police for her daughter against defendant. Dorothy Busliby, daughter of the last witness, said she heard the defendant threaten to injure Christopulo. The informant said that with the girl Gwen Bushby he was passing along Gladstone Road and when in front of the Federal Cafe he met the defendant, who said “Did you kiss her,” and used bad language. Witness said, “Ton should not use such language in front of a lady” and passed on. Witness afterwards returned to where defendant was and spoko to him. 0 Dowd then struck him twice. . To Mr Sainsbury: Ho was not afraid the defendant would do him any harm, and Mrs Bushby bad not influenced him in taking the proceedings. A number of persons saw tho assault. Witness did not say be would do for O’Dowd, nor did lie put his bands on the defendant. . „ r *ll To His Worship: He was afraid defendant would strike him again. Gwen Busliby, waitress at informant’s tea rooms, said she knew the defendant. He bad often used insulting conduct to her, and her mother had asked informant to see her home. Last Saturday night defendant was 'outside tho Federal Cafe, and while she was passing with the informant, the defendant used insulting language and hit Christopulo with his fist. She 'was about 50 yards away when she saw the blow struck. She did net see the informant strike O’Dowd. Christopulo went away after the blows were struck and returned with a policeman. . Marv Mahoney, married woman, saicl she knew defendant, and on Saturday night she saw him hit Christopulo with his hand. The defendant said he remembered the night in question when he was outside the Federal Cafe. He had just had an oyster supper when he saw Christopulo passing with a lady, and witness said, “You kissed her, did you.” Christopulo stopped and caught hold of witness by tho arm, and witness pushed him away. He did not use bad language. Christopulo went away, but came back and told witness he would do for him. Christopulo afterwards brought Constable Scott to where witness was standing. To Mr Burnard: He was accustomed to passing remarks in the street. He had never said the informant had been tarred arid feathered in Taranaki. George Fraser .said he was present when defendant said to the informant, “Don’t kiss the girl again.” Christopulo put his hands on O’Dowd s sliou.de.r and said “Don’t say such things ao-ain.” O’Dowd pushed the informant ■and Christopulo said he would do for O’Dowd. The defendant did not use bad language. To Mr Burnard : He refused to give informant his name., and as far as he could recollect, he (witness) did not -0.fer to fight informant.' Lionel Wilkinson, brewery employee, , stated that he was present and saw the informant push O’Boiwd. Ho did not. hear all that was said. O’Dowd shoved the informant away. Samuel Lowin said he heard defendant .pass a remark to the informant. Christopulo spoke to O Dowd, but witness did not hear what was said. William Taylor said he knew both parties in the case. On the night m question he saw informant pass his shop. He returned and put ,Ins hands ori O’Dowd’s shoulders. O Dowd hit Christopulo on the head, ihe blow was nob violent. His Worship said it was a pity the objectionable remark was used, femeh conduct could not be allowed to go on in the street. The assault had been proved; but the case was. not one for defendant to be bound .over A hue oV £] with costs £2 18s would be .inflicted, in default 7 days’ imprisonnient.