Northern Star Lismore, NSW.
17 Feb 1931
LISMORE POLICE COURT
EXPENSIVE WORDS
DEFENDANT FINED
Leslie Harold Johnston (municipal traffic and impounding officer) was the
plaintiff in a case before Mr. E. A. Maliony P.M., at Lismore Police Court
yesterday, against Jeremiah John O'Leary, pensioner, North Lismore,
on a charge of using insulting words.
O'Leary was fined 10s, costs of court 8s, and professional costs
£2 2s.
Mr. A. M. Sullivan (of Sullivan and Mac Dermott) appeared for the municipality,
and Mr. A. M. Nowland (of Trench and Nowland) for O'Leary.
Johnston said that on January 30 at North Lismore Jack Neave was
assisting him in gathering straying stock. Neave came and told him something,
and witness saw an animal in 0'Leary's yard, in McAulay-street, which he said,
had been rescued by O'Leary.
Johnston informed O'Leary, that there was a releasing fee of, 5s 6d
due on the horse. O'Leary replied that the animal was never on the
street, and Johnston said he had been given to understand it had been feeding
near the water-table in McAulay-street.
Johnston alleged that O'Leary called him a liar and repeated
the expression.
Johnston called Neave, who said he had taken the animal from the
street. O'Leary remarked to Neave, "You are a liar," and used
the same remark to him (Johnston).
Later, O'Leary said to Johnston, "You are a dirty crawler."
Johnston alleged that O'Leary struck his (Johnston's) whip handle
with a small stick.
To Mr. Nowland: There was a heated argument, but only on O'Leary's side.
He (Johnston) did not use the words, "You have more points than a
porcupine."
There had been complaints about his impounding but nothing had been
proved. He did not threaten 0'Leary with a whip.
John Neave gave corroborative evidence.
DEFENDANT’S EVIDENCE
O'Leary stated he told Johnston he did not rescue the animal, as it was
on private property.
He alleged that Johnston replied, "You are, a liar. You
did rescue it. I saw it."
Johnston
was not there until 10 or 15 minutes after.
O'Leary alleged that when Johnston said, "You rescued the horse, he
(O'Leary) replied, "You are a liar and a man of no principle."
Mr. Sullivan (to O'Leary) you say now that Johnston is a liar?
O'Leary: Certainly. I would be calling him a wrong name if I did not.
I would not be speaking correctly if I did not.
To Mr. Sullivan: He used the other expression when Johnston allegedly shook
a whip at him. He knocked the whip out of Johnston's hand.
Mrs. O'Leary also gave evidence.
~~~*~~~
Northern Star Lismore, NSW.
6 Sept 1932
"WON'T ANSWER QUESTIONS"
“SOLICITOR WITHDRAWS”
“DISPUTE OVER HORSE”
During the hearing of a case before Mr. E. A. Mahony, P.M., at Lismore Police
Court yesterday, Mr. T. E. Rummery, solicitor for the plaintiff, asked to be
allowed to withdraw from, the case, on account of his: client's demeanour in
the box.
"He won't even answer my questions," added Mr. Rummery.
The case was one in which Jeremiah John O'Leary proceeded
against Sandy Fraser for alleged detention of property.
Mr. Rummery appeared for O'Leary and Mr. Harold Best (Messrs.
Mcintosh and Best) for Fraser.
O'Leary sued for the return of one brown gelding, which he valued at
£15.
Mr. Summery said that only the value of the horse was at issue. The horse
was lent by O'Leary to Fraser and was not returned.
Mr. Best said Fraser rode the horse to Kyogle and left it with another person
to be returned to O'Leary at Lismore. The horse, however, was lost
and Fraser had made every endeavour to locate it. He had offered £1 reward for
its recovery.
WAS OFFERED £15
Giving evidence as to its value, O'Leary, who said he was a labourer, of
North Lismore, told the court that he was offered £15 for the horse a month
or two before lending it to Fraser.
Mr. Rummery : "What was the age of the horse ?
"I won't answer that at this stage," said O'Leary.
"Some people say it is as old as I am."
O'Leary told Mr. Best he knew the horse had been lost at Kyogle. He only
had Fraser's word that endeavours had been made to trace it.
Mr. Best: Who offered you £15 for the horse?
"I WON'T TELL YOU”
O'Leary said he had received three different offers. He named one;
man, but on being asked for the names of the other two, replied : "I won't
tell you."
In answer to further questions, O'Leary denied that Fraser had made him
an offer for the horse.
His solicitor told him Fraser was willing to pay for the horse at a value
to be fixed, but did not mention the names of Messrs. Garrard, Fredericks, or Kenneally.
"ONLY WORTH £1"
Evidence on behalf of Fraser was given by Jack Fredericks, butcher, who
said he had known the horse in dispute for five or six years.
It was an ordinary hack, over 12 years of age. If it was offered in the
saleyards at the present time it would not- realise more than £1.
At this stage Mr. Rummery withdrew
from the case.
O'Leary returned to the witness box and alleged that the previous
witness had sworn "deliberate lies."
An order for the delivery of the horse, or £3, to O'Leary was
made, in default six days. O'Leary was allowed 10s costs.
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