The Ontario Reports ; Containing Reports of Cases Decided in the Queen's Bench, Chancery, and Common Pleas Divisions of the High Court of Justice for Ontario Volume 6

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ... life, and the evening before had only had two glasses of beer. The witness Haines, standing on the opposite side of the street, heard the defendant in a louder than usual tone of voice order the constable to arrest the plaintiff. The defendant's statement does not vary a great deal, except that he denies using the words charged by the plaintiff, and states that the plaintiff, in reply to a statement of the defendant that he would watch the house while the plaintiff went for a search warrant, said he would see him (defendant) damned first, and the defendant said to the plaintiff that he was imposing on him. He adds: "I was then under the impression the man was labouring under delirium tremens, or he was insane, and I ordered Lane to take hold of him, and we brought him to the American Hotel, and I saw the man was sensible and I let go of him at once, and went on before him. At the oflice I gave him a chair to sit on, and he gave me a statement of the particulars." He also stated that the plaintiff would not tell him the names of the persons he suspected, and kept turning on his heel, keeping his face away from him. It will be observed that, notwithstanding that he discovered that the plaintiif was sensible shortly after the arrest, he took him to the station in custody of the police+ man. In order therefore to find some justification for his conduct, he further stated, in answer to the following question, " What was there in the way in which he acted that would justify you in arresting him? A. I looked upon it that he had violated the by-law in cursing on the street. He said he would see me damned first, and that was his way all through." On cross-examination he said he arrested the plaintiff for violating the...