MAGISTERIAL.

Gisborne Times, Volume XXVII, Issue 2667, 24 November 1909, Page 3

MAGISTERIAL.

j TUESDAY, NOVEMBER 23

(Before Mr W. A. Barton, S.M.) At the Gisborne Police Court a first o[Fender, ivho did not appear, was fined 20s and costs for drunken ness. John Iveson, who was fined for drunkenness on Monday, wu,s again brought before the Court For over indulgence. A fine of £L and 2s costs with the alternative of 4 days’ imprisonment, was imposed. VAGRANCY. Adelia Hastie, a middle-aged woman, was charged under the Vagrancy Act with being an idle an disorderly person, having no visible moans of support, The accused pleaded not guilty. Constable Dwyer said he had known the, : accused for about-six months. During that time she had done little or no work. She was arrested yesterday morning at 5.30 on Read’s Quay. The witness had frequently seen her in the company of drunken men. ■

' Constable Johnston ami Sergeant Hutton also evidence, the latter stating that the women had previously been convicted for vagrancy, and had given considerable trouble with her drunken, habits. Mr Barton sentenced the accused to three months’ imprisonment with hard labor. ASSAULT. Hati Nepia (Mr L. T. Barnard) pleaded guilty to having assaulted Hurulmru Ni'kora. (Mr. Hei) at Matawliero on October 28th. It was stated that there had been ill-feeling between •the parties over a recent civil" suit. On the date in question the complainant was driving with his wife and brother-in-law near Matawhero when the defendant passed them. He started an argument, and finished up by dragging the informant out or the vehicle to fight. A disturbance ensued in which neither party was much hurt, and the result was the present proceedings.

The» accused was fined £1 with 19,s costs and £1 Is solicitor’s fee, or 4 days’ imprisonment in default. OBSCENE LANGUAGE. A charge of having used obscene language on a public road was preferred against James Higgins, farmer, of Alakauri on the information of William Henry Jones. Mr T. A. Coleman prosecuted and AH L. T. Burnard defended. The accused .pleaded not guilty, and elected to be dealt with summarily. Mr Coleman said that the offence took place on Sunday morning, November 7th, near Waerenga-a-hika. The informant was driving some cattle, which happened to belong to the defendant, along the main road for the purpose of impounding them. When near the school the defendant overtook him on horseback, and asked him where lie was taking the cows, using the language complained of. The informant asked for 5s driving fee. and the accused offered 4s, using further bad language, which was repeated as Higgins drove away with his cows. William Henry Jones gave evidence in support of the charge. In reply to Air Burnard, he said he saw no women or children about at the time the language was used. Stephen O’Sullivan, farmer, of Ormond, who was riding along the road at the time of the dispute said he heard Higgins use an obscene epithet. John Fitesimmons gave evidence. He said there was a house a chain away from the scene of the altercation, which was occupied by a Mr Smith. Air Burnard said this could not he a case in which the informant was acting in the public interest, as the only people who' heard the language were men whose ears were probably pretty well hardened. The inference wss that private animus actuated the prosecutor. The defendant swore that when he rode ahead of his cows, the informant used bad language towards him, and told him to leave them alone. Jones said the damages were os, and the- defendant said he would see him m h—before lie (paid him. That expression was the strongest the witness used. Both were heated, and swore to a certain extent.

John Smith, of Waerenga-a-hika, said he saw the informant and the defendant arguing on the day in question. He was by his gate, which was three chains away from the scene of the argument. He could not hear what words were being used. At that time there was no one else on the road. He did not see O’Sullivan. Later he heard Jones refer to the accused by an improper epithet to a man named Brown who came up afterwards. His AVorship said he had no doubt the language rvas used. A fine of £1 and costs £1 9s, with £1 2s witness expenses and solicitor’s fee £1 Is, was imposed, 24 hours being allowed hi which to pay.