MAGISTERIAL.

Gisborne Times, Volume XXVII, Issue 2648, 2 November 1909, Page 2

MAGISTERIAL.

MONDAY, NOVEMBER 1

(Before Mr. W. A. Barton, S.M.)

DRUNKENNESS

' Throe first- offenders' were fined the usual os and pests for drunkenness. Joseph Duff, who had been once viously convicted of. drunkenness within the past six months, did not appear to answer to another charge of similar character. He was fined 18s and 2s ■costs, the amount of his ' bail, dr 48 hours imprisonment in default. ; James O’Shannessv pleaded gui.ty to having been found drunk, after a previous conviction within the past six months. He was fined £1 and 2s costs or four days\ imprisonment. A HOGUE AND VAGABOND.

William Harvey was charged with being a rogue and a vagabond. Detective Eawle stated that the accused was sent to Napier gaol as an idle and disorderly person for three months last January. After his release lie returned to Gisborne with--a woman of bad repute and lived tor some time in idleness. When spoken to by witness he got a job with- the Public Works Department, but- had lately returned to town. Since then lie Fad been consorting with thieves, and his conduct had been generally ■ suspicious. Last Saturday- a man named Q’Sliannessy complained that he had lest some money, and the- last person he remembered' being with was the accused with whom he was drinking in the- British Empire Hotel. The accused had told the police he was going to Napier, where the woman he had been living with had already gone. The accused had been spending money freely during the last- week and on Wednesday took a room at the Strand Cal'e under the name of Coleman. While there* a bottle of beer was missed by one Than, and an empty bottle was found in the accused’s room.

Constable Dandy also gave evidence as to Harvey’s character and' associates. He had seen him hanging about the British Empire Hotel with a convicted thief.

Constable Pratt spoke as to- having warned Harvey about his ways. James O’Shannessv said he drew a cheque for £4 8s 3d on Saturday and was drinking with the accused. He had a drink in the British Empire Hotel and the next thing he knew was that he awoke in an outhouse with -empty pockets. He did not accuse Harvey of taking the monqv. He had known the accused for about six weeks and they had been working together. The accused said that lie had worked altogether for over four months since he came back from Napier. He was unable to go to work at first owing to having injured his foot in gaol. Tho time he had been seen hanging round the British Empire Hotel lie was waiting to see the overseer of the waterworks -about a job. He- was told he could go to work, but changed his mind and was going south. He had his tilings on the wharf ready labelled for Naoier when he was arrested. He thought he had done as much work as the majority of laborers during the winter in Gisborne.

His "Worship sentenced the accused to three months’ imprisonment with hard labor in Napier gaol.

A CHARGE' OF THEFT,

James. Campbell was again brought up on a charge of having stolen a pair of boots, value ss. from Norman Anderson last week. The Magistrate said he did not believe the accused’s story that lie had been invited upstairs by another man and told he' could wear the boots. A fine of £1 with 32s costs was imposed with the alternative of 7 days’ imprisonment.

ASSAULT. The sequel to a dispute between two carriers was heard yesterday afternoon, when Benjamin Hird prosecuted Walter Burnand for assault. Mr. W. L. Rees appeared to prosecute, and Mr. Barnard defended.

Air. Rees said that on the morning of the 21-st the complainant was loading potatoes into his dray when a dispute arose, which resulted in the defendant knocking the other down. Benjamin Hird said that on the morning in question he say tho defendant in the No. 2 shed at the wharf. The latter asked him to make room for him to jiass along, and the witness replied that he could clear a passage by moving six or eight sacks of potatoes. By keeping the passage way open as the defendant asked the witness wouidjiave obstructed himself and others. When the defendant continued moving the potatoes, the accused knocked him down. On his threatening to summons the other, and explaining that he only wanted a few more sacks to complete his load, Burnand again assaulted him, and after knocking him down knelt on his chest and threatened to" strangle him. Another man dagged the assailant cS.

William John McPherson, who rescued "iHird from this predicament, gave evidence ms to the assault. There was nothing to provoke it, apart from the fact that the complainant was putting sacks of potatoes where the aecusc'd wanted to go. The latter could easily have made a passage for himself. By Mr. Barton: If the tally clerk had been appealed to in the mattter he would probably have told Burnand to go round to the other door. Leonard Richard Church, carter, said he was also loading potatoes in the shed on the morning in question. The witness heard the accused ask Hird to leave him a passage way. There was an argument, and the defendant warned Bird not to put the potatoes in tho way. Ou the other moving a sack Burnand took him by the throat and threw him down.

Albert Hopps also deposed to having seen a blow struck.

Walter Alexander Burnand, the defendant, said there was a rivalry between him and the prosecutor with regard to their turn-outs at tho show. On the occasion in question the prosecutor was blocking the way with his sacks of potatoes, and refused to.leave a passage for the witness. Subsequently Hird humped into the ivitness with a truck, and kept obstructing' hint. The witness said “Nw, Ben, don't he

silly. Leave a track or lUI .have to interfere in 'some way.” He -complained to the tally clerk, but the latter advised him to fight his own battles. When Rurnand went back to the shed Hird dropped a sack right in front of him, and the witness • caught hold of tho other round the neck and put him down. Rurnand released him, but soon after Hird ran a truck hard against his shins. The witness retaliated with, a blow, and Hird said “I can -got one en to you now.” Cross-examined by Mr. Re-os, the defendant admitted having struck four fellow carters within the past twelve months.

N William Charles Whitfield, carter, gave evidence- as to Hird having obstructed Burn and. He appeared to run liis truck into him .on purpose. Had' the witness .been in Burnand’s place he would have acted in the. same way as the latter.

Frank Rae gave similar evidence. •Mr. Barton said lie was satisfied that an unjustifiable ■ assault had been committed. The defendant had no right to take the law into his own. hands, and would be convicted and fined £1 and £2 16s costs, or 7 days’ imprisonment.