Page 34141001

• ◇Davis/Daviesline 109

  ness was quite cool and polite. Wm. H. / Davis, commercial traveller, and Joshua / Little gave evidence corroborative of that

[notes in red ink]
Land Defence Force
Bringing under notice the case of Lieut, Byron
v Alderman Jones
Head-Quarters,
Queensland Defence Force,
Brisbane, 8th. January 1889
From The Commandant Q.D.F.
To The Hon: the Chief Secretary
Sir
I have the honor to draw your attention to the
attached Newspaper Cutting taken from the "Courier"
of date the 4th. instant, containing the report of a
case brought by Lieut: J. Byron of "A" Battery
against one Mr. Jones, an Alderman of the
the South Brisbane Council for using obusive language.
The case was heard by the Police Magistrate and
four Magistrates.
Although the Evidence given by the prosecution
was substantial, clear and convicting, the
Majority of the Magistrates dismissed the case,
but the Police Magistrate was so dissatisfied
with the verdict, that he openly stated his
disapproval in the Court.
As I believe a gross miscarriage of
Justice has been perpetrated, and as the Conduct
of Lieut: Byron on the 27th. December is
[oblique notes]
[...] Mr Byron [...]
[his own? [...] in this
matter [wording of this note unclear to me]
B.D.M.
10/1/89
Commandant.
15:1:89.166.
[newspaper cutting]
AN ALDERMAN SUMMONED FOR
THREATENING A LIEUTENANT
4.1.89.
At the City Police Court yesterday the
following summons case was heard before
Messrs. P. Pinnock, P.M., J. Edwards, H.
P. Fox, W. C. Whitehill, and Lieutenant-
colonel J. H. Adams, JJ.P.:-J. J. Byron v
Wm. Jones, abusive language. Mr. Gore
Jones for the plaintiff, and Mr. J. L. Wool-
cock for the defence. According to the evi-
dence given by the plaintiff, who is a lieutenant
in the artillery, the defendant and he were on
board the s.s. Garnet on the 27th December
last ; shortly after leaving Lytton
the defendant came up to the plaintiff
and addressed the following remarks to him :-
"I have been waiting a long time for an
apology from you, young man. I wonder that
a man of your position should go into the
witness-box and corroborate the perjury of
that beautiful sergeant of yours, and should
swear to all the lies he told. I have not for-
gotten it to you. I have not done with you
yet. I'll have that uniform coat off you back
before I have finished with you. I have had
something to do with the stopping of your
Sunday parades and of your band." These
words were repeated several times for
about twenty minutes. By Mr. Wool-
cock: The case referred to above was
one in which the defendant was sum-
moned for furious driving in 1886, in-
which the plaintiff and Sergeant Northcote
were witnessses, but which was dismissed ;
witness received a letter from the defendant,
who threatened him if he did not pay the costs
of that case ; he had not seen the defendant
since that case till the 27th December last ;
that letter was couched in insulting tones ; he
offered the defendant a drink during the alter-
cation ; Mr. B. A. Ross and Sub-
inspector Graham, who gave corroborative
evidence also stated that the defendant said to
the plaintiff, "You and all your force will be
kicked out ; we started with Captain Wright,
and we'll 'continue.' " or words to that effect.
Mr. B. A. Ross also gave similar evidence.
The defendant, on oath, said that after the
plaintiff had been on board ten minutes he
accosted him and said, "I have been expecting
an apology from you for some time for your
action in connection with my case ; I have
written a letter to you and fully expected that
even in an ordinary business manner you would
have replied to it;" in reply plaintiff said,
"There will be no apology ;" witness also
said, "I also expected that you would have
paid the costs;" plaintiff turned round
and said, "The costs indeed ! that's what
you want, they will never be paid ;"
after a further remark by the defendant, plain-
tiff replied, "These are strong words. If you
don't stop them I will make you ;" he did not
charge him with perjury, nor did he mention
that word ; the conversation lasted over
twenty minutes ; witness felt that an in-
jury had been done him, and he
wished to speak pointedly to him ;
witness had abstained from intoxicating liquors
for several years past. By Mr. Jones: Wit-
ness was quite cool and polite. Wm. H.
Davis, commercial traveller, and Joshua
Little gave evidence corroborative of that
given by the defendant, and the latter said
that he thought the whole affair was a joke.
The case was dismissed, but Mr Pinnock said
he did not agree with the verdict at all. No
costs were allowed.