MOUNT GAMBIER POLICE COURT.
Saturday, July 30.
Before Mr. R. J. Turner, S.M.
FIGHTING IN THE STREETS.
J. D. Sutherland and G. Watson appeared to answer to a charge of disturbing the peace by fighting in a public street. The former pleaded guilty, and the latter not guilty. Mr. Burton appeared for G. Watson. Police Trooper Carter said he was at Clay's livery stables about 12 o'clock noon on Thursday, when from information he received he went across the road and saw both defendants struggling in front of the Globe Hotel ; Mr. Sutherland, who had his back to him, was in the act of striking Mr. Watson with his fist, and Mr. Watson had hold of his leg ; both fell before he got up to them ; they were both rather excited ; arrested both ; Mr Watson wanted to give Mr Sutherland in charge, but from what he saw thought one as bad as the other, and therefore took both ; did not see the commencement of the row. By Mr. Burton—Young Powell called him when in Clay's stables ; he said Mr Watson wanted to see him. Alfred Billing
said he saw Mr Sutherland and another
person outside the Globe Hotel on Thursday, about 12 o'clock ; saw Mr Sutherland lay hold of the other and push him against the railing and strike him heavily with his fist ; the two then struggled, and both fell ; Mr Sutherland uppermost ; rode up and ascer- tained that the other person was Mr. G. Watson ; saw the trooper arrest both. By Mr Sutherland—Was standing on the plat-
form of Mr Wilson's mill when the affair commenced ; did not see a belltopper kicked out of the Globe. W. J. Powell—Was in
front of the Globe Hotel on Thursday at noon ; saw Mr Watson come out of the Hotel pursued by Mr Sutherland, and heard a cry for the police ; went for a policeman at Mr Watson's request. By Mr Sutherland —Saw Mr Watson come out of the Hotel,
but saw no hat kicked out ; Mr Watson came out without his hat, and went back and got it. By Sergeant Besley—When he
returned saw Mr Watson down with his hand on Mr Sutherland's leg ; could not say whether Mr Sutherland stumbled or fell over Mr Watson. P. T. Carter recalled—Saw a hat kicked by Mr Watson after he got up. Defendants were then asked if they had any statement to make. George Watson said he was passing the Globe Hotel on Thursday, and observing Mr Sutherland there he went in as he wanted to see him. They had some conversation about the payment of an account, and Mr Sutherland asked him if he was the author of a paragraph in Wednes- day's Border Watch ; declined to tell him ; he said he knew he (witness) was and jumped up, and caught him by the waist and threw him ; got away from him and ran outside ; saw Mr. Powell, and asked him to bring a policeman. While waiting outside Mr Sutherland again caught hold of him, struck him, and threw him down ; caught hold of Mr Sutherland's leg to prevent him from kicking. J. D. Sutherland, the other defendant, said he was having a glass of ale with Mr Wyatt in the Globe Hotel, when Mr Watson came into the room, produced a bill, and demanded payment. The room was full of people at the time, and he told Mr Watson that was not the time nor place to ask payment of the account. Mr Watson persisted in dunning him for payment. Had promised to pay the account if convenient,
but told him it was not then convenient. Did not mean to pay it at all now. Asked him who was the writer of the libel against him in the Border Watch ; Mr Watson refused to say, but called him a liar on his accusing him of writing it. Then knocked him down. Mr. Watson then kicked his hat out of the room into the middle of the street. Followed him to get his hat, and gave him another thrashing outside. The Border Watch had libelled him most damnably—it was constan- tly annoying him, and he would ask His Worship to note that he had received great provocation for committing the assault.
Arising out of the above were cross-infor- mations for assault, &c., and His Worship decided to hear them before giving judg- ment.
Mr Sutherland would be willing to with- draw the informations he had laid, if the other side were agreeable, and let the verdict be given on the merits of the police case. To this Mr Watson objected, and the cases were then proceeded with. They were all heard together.
George Watson was charged with assault-
ing Mr Sutherland, and on a second infor- mation for using abusive language.
James De la Zouch Sutherland was charged with assaulting Mr Watson. J. D. Suther- land gave evidence somewhat similar to that reported in the police case. He had been greatly irritated by the libel in the Border Watch ; he had sat down to a glass of ale with a friend in the Globe Hotel, and his irritation was subsiding, when he was again roused by Mr Watson, waiting upon him for payment of an account ; witness produced his hat, showing a hole in the side, which he alleged had been made by Mr Watson when he kicked it. By Mr Burton—There were others in the room besides Mr Wyatt and himself when Mr. Watson called in ; Mr Watson gave him either a bill or memo. ; it was not his practice to knock people down when they asked payment of their accounts ; knocked Mr Watson down because he per- sisted in asking payment ; kicked Mr Watson as he was going out at the door with the same leg as he had kicked Mr Carey ; it was pretty strong now. T. Garroway, labourer—Was in Mr Sutherland's office on Thursday copying some documents, when Mr Watson walked in and asked for Mr. Sutherland ; told him he had gone to Mr Davison's. T. J. J. Wyatt remembered meeting Mr Sutherland at the Globe Hotel on Thursday, and invited him to have a glass of ale ; Mr Watson came in while he was there ; heard Mr Sutherland ask him about a paragraph in the paper ; was rather deaf and went away, leaving them con- versing. By Mr Burton—There was no one
in the room but Mr Sutherland and myself ; saw no paper presented to Mr Sutherland ; heard no allusion to a bill ; heard allusion made to a paragraph in the paper, and Mr Sutherland said it was a d—— lie ; did not hear Mr Sutherland say (alluding to the pro- prietors of the Border Watch) that he would roust out the lot of them. G. Watson gave evidence confirmatory of his former state-
ment. When he went into the Hotel Mr
Sutherland spoke first and said, "I suppose you want to see me about that bill" ; told him he did ; Mr Sutherland said it was not convenient to pay it ; asked him when it would be convenient ; did not say anything to annoy him ; was in the employment of Laurie and Watson, and had charge of the book shop ; had nothing to do with the Border Watch, and was not responsible for anything in it ; saw the paragraph alluded to; did not write it ; presented no bill to Mr Sutherland ; did not ask for payment of it till he introduced the subject ; did not kick Mr Sutherland's hat into the street ; there was only Mr Wyatt and Mr Sutherland in the room when he went in ; Mr Suther- land said the paragraph in the paper was a libel, and he (witness) a d——d liar ; kicked Mr Sutherland's hat when the policeman came up, as it was in his way. By Mr Sutherland Recollect clearly the whole of the circum- stance ; did not kick your hat out of the room into the street; did not call you a liar ; might have said when you called me a liar, "you are one." This closed the case. His Worship sentenced Mr Sutherland to pay a fine of 20s. for fighting in the street, and he thought 5s. and 20s. costs for assaulting Mr Watson would meet the merits of the case considering the provocation given. The other informations were dismissed.
Bill Williams alias J. Juliff was brought up, charged as a lunatic incapable of taking care of himself. Against this charge Wil- liams energetically protested, and offered to give a recitation from Shakspeare to prove that it was incorrect. He thought no man who could recite Shakspeare could be insane ! After a short adjournment he was exa- mined by Dr. Jackson, who thought he was sufficiently sane to be trusted at large. He was then discharged.