The Birkenhead News and Wirral General Advertiser. — 1886-09-15 (Birkenhead, Merseyside, England)

MEW.  Witness (continuing) said : I never made any derisive noises with my month. I think he is insane on this point. For fifteen years he has kept it up, but out of respect for the name I have not done anything. Mr. Layton: Is ic out of respect for the name that you bring this action (?) or was it out of respect for the name that you refused to except the suggestion offered by us just now? I know all about the 15 years Mr. Joseph and you can call me to give evidence if you like. In answer to Mr. Layton, witness said My brother did not write to me two years ago complaining of my conduct. His Worship: We need not go into the affairs of two years ago I think. Witness, continuing: I have brought Chancery Court actions against William in 1871 and 1878 in regard to the administration of my father's estate. Mr. Layton: And did not every member if your family make affidavits? Mr. Haigh, interrupting: I submit, sir, this as nothing to do with the case. Mr. Joseph: If you are going to threw dirt bout, I can throw plenty of it. Re-examined by Air. Haigh: I did not make my remark before he spoke to me, nor did I give him any provocation. His Worship: Are you afraid that he will do you some personal violence? Witness: I am. He looks so dreadfully insane and so murderous. lam not a nervous man, but when this goes on for fifteen years, it is enough to make me so. Mr. Andrew L. Coltart, commission merchant, 3, Chapel-street, Liverpool, said: I crossed by the same boat as my brothers, and the occurrence in question took place on the boat, not on the stage at all. William and I were walking about the top deck of the boat while crossing and I never saw Joe till the boat stopped. We went down the stairs and as we walked to the gangway I saw Joseph, who must have been standing near there. I heard Joe say "GO away you fool," but I did not see his face, I did not hear William threaten to smack him in the face. Seeing theln both together and knowing the terms upon which they were, I stepped between them, and went up the bridge with William. The whole affair only took some ten seconds. William never threatened Joseph with his umbrella.  about,  In opening the second case, Mr. Layton regretted very much that his client's offer had not been accepted by the other side. For a very long period of years his client had been subjected to expensive litigations by his brother Joseph, but he was quite wiling, even now that Joseph had had an opportunity of ventilating his grievances, to withdraw, provided only that mutual promises were made for the future non - interference of either brother with the other. As a matter of fact, ' he never had molested him in any way, and the facts of Wednesday's affair were really very different from what Joseph had laid down as being each. William and Andrew were leaving the boat together, and William, chancing to glance over his shoulder, saw Joseph behind him. Thereat of the occurrence would readily suggest itself to all persons who had heard Joseph's evidence and marked the great amount of feeling which he had imported into the case. Joseph went up to his brother and shoving out his chin, made a derisive and unpleasant noise with his month. William asked if he wished to be struck and then Joseph called him a fool. Andrew then interfered and asked William to get on his way. It was evident that Joseph had been watching for an opportunity to insult his brother. He had previously wished to take action against his brother, but had been better advised by his solicitor. Ho--Mr. Layton— had a summons against William, who would ask his worship to bind him over. His Worship: What constituted the insults? , Mr. Layton: The words' "you fool." None could be more insulting or more apt to make a man's blood get heated. But I think the justice of the case would be fully met by the - suggested. not be accepted by the was called. Hassid ; I ' • good many rm., but ir , him to I br- I have _tired " sicken to. in he