MAGISTERIAL.

Gisborne Times, Volume XXV, Issue 2054, 4 December 1907, Page 1

MAGISTERIAL.

TUESDAY, DECEMBER 3. (Before Air. W. A. Barton, S.M.) Drunkenness. —A first offender for drunkenness was convicted and fined the usual amount. Breach of Education Act. —Thomas Third was charged with having failed to send his son Alexander to school. Defendant stated that he had done all in his power to make the lad attend regularly.—A nominal line of 2-s without costs was imposed. Alleged Theft. —Thomas Philip Sidney was charged with having etolen one hag of outs and three hags of chaff the property, of Mr Scott, To Kanaka. —Air Stock appeared lor defendant and asked for an adjournment until Friday, which was granted.

Breach of the Licensing Act. — James Pettie, licensee of tiie Jtangatira Hotel, To Karaka, was charged with committing ji breach of the Licensing Ae.t by permitting quarrelsome conduct to.'take '-lace on Ins premises!—'Air G. Stock appeared for defendant who pleaded ot guilty.— Sergt. Williams conducted the prosecution and called Bnrtello Wail, who stated that h u was at defendant's h0te1,... Te Kiaraka. :.on s 29th 'Oetbiior last between 3 o’clock and 4.30 pm. Saw two Maoris there mined Paki and Tu Huka fighting a.t the back of the hotel; (to His Worship) it was in the hotel yard which is i(meed in. Continuing witness said I he. two men were stripped of all limit' clothing except trousers and Blockings. There wero about 30 or 40 people present. Witness saw defendant in the yard while the agilt was proceeding, and heard him- say, “Let the b is have a go, that is tile best way to settle it.” Duggan,' the billiard-marker, was also present. Neither defendant nor any other person tried to stop the fight. After defendant's words the men continued lighting for about 7 minutes. Did not see defendant at the finish of the fight. To Air. Stock: Had gone under the name of both Lacey and Bailey. Was in Mr Pettie’s unploy about March last. Witness letc because ho was not satisfied; lie was not dismissed by defendant. Do knew a man called Dandy. Hid never tokl him' he would make it hot for defendant. Witness admitted having some ill-feeling towards defendant, and had told Air AlcAlahan that he would like to give Pettie a hiding. Would swear positively defendant was in the yard and made use of th e words mentioned while fight was going on. Reexamined by Sergeant Williams :Was not induced to give evidence on account of the ilMeeting he bore towards defendant.—John Morris, John Blake and Alfred Blake gave corroborative evidence as ’ to the fight taking place, hut stated that the licensee was not present while any blows were struck, but came into the yard while the parties were arguing.—Constable Doyle gave evidence as to having a conversation with defendant on tile 24th October referring to the disturbance' that had taken place at the hotel that day. (Defendant had told him that the two Maoris had been quarrelling in the bar and had been put outside and that afterwards they had fought at the back erf the stables, defendant remarking to witness “.there was nothing much on while I was there.” Witness also detailed a conversation with defendant on Nov. 20, the day after one of tho Maoris had been convicted of assault. Defendant said “Between you and me, I did see them fighting, but I knew it was no good hie . trying to stop them, so I went back in again.” To Air. Stock: Defendant told him the men had been fighting in front of •the hotel and that lie (defendant) had stopped them. Defendant said lie would have sent for witness, tut understood he was at Whatatutu. When defendant spoke about seeing the fight he was not referring to the fight in front of the hotel and did not say that when he went out to ■the back the fight was over. —This concluded the case for the prosecution and Air Stock for the defence, culled the defendant, James Pettie, who deposed that on the afternoon in question a disturbance took Place in tho bar, of his hotel between the two Alaoris. With the assistan m of the billiard-marker and others, nitness put them out at thefront, where they started to fight. Witness ran out and threatened to send for Constable Doyle, but the bystanders 'told him that the constable was at Whatatutu. Messrs G. B. Oman, Reg. CuuLtoii, J. F. Pettie, Jas. Price and Kerr were present at tile time. After stopping the fight in front of the hotel witness went back

Into the bar, and shortly afterward was informed that the men were again fighting at the back of the house. About three minutes after tin’s witness went out, but the fight was over and the combatants were putting on their clothes. iHe (witness) had never made the remarks ■attributed to him by the witness 'Wall. —Corroborative evidence was given by Messrs G. B. Oman, Reginald Caulton, John Frank Peittie, Thomas Kerr, Joseph Price and Betraim Baxter, the two latter stilting that they had seen defendant going out when the fight was over, and the other witnesses testified as to the impossibility of defendant being in tho yard at tiie commencement of ■tiie "fight.—His Worship, however, held that on the evidence the charge was sustained, and said that he could not believe defendant’s statement that ho did not know a fight was taking place. “Altogether,” remarked His 'Worship, “it is a most disgraceful affair.” Defendant was convicted and fined £5 with costs £2 9s 4d, tho conviction to he recorded on his license.