RESIDENT MAGISTRATE'S COURT

Inangahua Times, Volume II, 13 August 1880, Page 2

RESIDENT MAGISTRATE'S COURT

(Before W. H. Here)], Esq., 8.M.) POLICE Y. WEIGHT. The defendant was charged upon the information of Constable Bennett with a breach of the Licensing Act, by selling spirituous liquors without a license. Mr Lynch appeared for the defendant, and pleaded, " Not Guilty." Mr Inspector Feast conducted the prosecution, and called the following «videnee :■*• Gersheom Curtis : T am a carpenter, and have lately being living at defendant's house on the Buller road. Hare lived there four months, and boardeJ in the house. Recollect the day I settled up with defendant ; that would be about the 29th July, and I bad some grog to drink there on that day, and bad something to drink all the time I was there. I made a rule of having a glass of drink every day. I believe I bad a glass of either brandy or whisky on the day named. So far as I know we helped ourselves, but it was Wright who handed it to roe in a glass. My share of the cost of the drink was deducted from my account by Wright ; cannot state the amount. Not aware that I saw anybody else served with drink in the house on the same date. Cross«cxamined : I was sober on the day in question; there may have been other persons in the room at the time the drink was supplied. Defendant has often given me a glass of drink andnejrer

charged for it. .Cannot srny whether a decanter was plaoed on the tab'e for everybody to supply themselves from gratuitously. At the time I had the last drink in the house I had settled up. Might have had grog previously and paid for it, , Re-examined : I paid roy share of the quantity of grog brought into the house. By the Bench: Settled up in the morning, and left defendant's hcuse be* fore dinner. Frederick Green: I nm a sailor, and live at the landing, an 1 was mates with defendant sawing telegraph poles. I boarded at his house. I recollect the day that Curtis left. Had some drinks on that date— brandy ; it was supplied by defendant. I don't know how much drink was supplied, but I bad any amount. There were several persons present. Curtis and Yorkey were present, and bad some of the drink. I expect the payment came out of the general funds. I paid for drinks that I ordered on that day; more than one; .norethan three, and paid 6d per drink. It was a squaring up, and when Wright made up the bills he deducted the amount from the bills. I believe I squared up on that day. Cross-examined : Wright showed me the book at the time and I signed it, and be gave me a bill afterwards. We had grog both before Bod after we settled up, and it was there if we liked to pay for it. The grog does not appear in the bill I signed by me, because defendant came to me after tbe information was laid against ! him, and said he was frightened he would get into trouble, and 'asked me to sign it, | which I did. All grog supplied to me was charged for, and after the settlement I had grog, and paid for it in money. Don't know how many T had, but will swear to baring paid for them. I was pretty well sober on that day. Re-examined : It was on the Sunday following the settlement that defendant came to me to sign the receipt, as he was afraid of getting into trouble ; it was »n all-round drinking match. I was % little the worse for the liquor when I left the house. Edward York : I am a sawyer or any* thing at all, and life anywhere, but harp been working for Wright. I know Curtis and 3reen. I disremember the date of tbe settling up, but I remember the da'e of the Iquoring up. Green did not square up on that dny. I believa I had a drink or two in the house on that day, or it might be half a dozen. Wright supplied them. It was pretty middling liquor; I believe it was brandy ; did not see any drink paid for ; I paid for it in the reckoning. I think £2 10s was deducted fr mmc for the drink. J ;-' Crops-examined : The grog was in a bottle on the table. Did not she Green pay for any grog on that day. Resexamined : I was not quite sober on the settling day, and money might have passed without my seeing it. By the Bench : Cannot, say who supplied the prog. I was paid in cash, and I belive Green was paid in cash. Albert Bennett : I urn a police constable stationed at Reeftcn. Called upon defendant and asked him whether he bad a publican's license, and lie said no. Henry Lucas was called, and proved that defendant was not the holder of a license. • This closed the case. Mr Lynch said the defence was that the grog was held upon joint account by the whole of the parties. G.Curtis was called, and stated that on entering upon the work he suggested to a fellow workmen the desirability of getting some grog and paying for it between them, but when Wright heard this he seat for it. lam sure I paid £3 for drink. There was never any arrange* tnent made about payment of the grog until after the settling up. This closed tbe defence. His Worship said it appeared that a conversation had taken place between two of tbe men as to the advisability of procuring some drink, and bearing of this, the defendant laid in a stock, which he sold to the men. An attempt had been made to show that the grog bad been procured upon a joint account, but ,the falsity of that bad been clearly and distinctly proved by the evidenced. He held, therefore, that the charge had been clearly proved, and defendant would be find in the sum of £25, with £4 2s, withesses, and cost of Court. In default of payment three months imprisonment. In reply to the Bench defendant said he was unable to pay the fine, and had no property upon which to destrain. lAHCEHT. Herbert Fell was charged npon the information of John Gordon, with the larceny of a quantity of baby clothing of the value of £4 10a. The prisoner pleaded " Not Guilty." Inspector Feast conducted the case for the prosecution, and called the following evidence J— Sergeant Neville : By virtue'of a war. rant now produced^! went to CoebraneV Hotel last night, and saw prisoner itere, He was in bed. Gordon was Nrith me. and pointed out the two boxes produced ; they contain articles of clothing and baby linen. Gordon claimed them as his .property. Accused on his way to the loek«up said that he bad not taken these things away, but that he bad helped to cord them up and plaoed them .in the coach, and had met the female I:-..

pointed Out to me by Gordon, in Grey» mouth. He farther stated that these things had been brought to his house at Eumara by Mrs Girdnn on a Saturday or Sunday evening, and picket] up by her on her way to Grrymouth. He said bo bad come to Reefton for employment, and that she also expected to get an en* gagement. John Gordon : I am a miner living at Kumara, and know the prisoner by sight. He was living near my house. I am a married man, and have one child fifteen months old. The prisoner knew my wifr. On Monday last at 12 o'elo. k I missed my wife from my dwelling, as also a trnnk and all my wife's clothing and baby clothing. In consequence of this I communicated with the Grcymonth police, and then came on to Beefton. Went last night to Cochrane's Hotel, and there saw prisoner iv the same room with « ray wife ; also saw the trnnk and box pro J need ; they are my prcperty and are valued Rt £5. Prisoner had no au« thority from me to remove those thing from my bouse and bring them to Reefton, nor right to have them in his po«» sess'on. •Sarah Elizibeth Gordon : I am the wife of the last witness, and was living with htm at Kumara. I know the ! prisoner for three or four months. Saw him in Samara on Monday, and left by the tram together. Had the boxes produced with as. Stayed at Kilgour's Hotel at man and wife, and next morp> ing left for Reefton- The prisoner knew that the articles belonged to me. He did not assist to pnt the things in the tram. The gin»case belongs to the prisoner, and he did assist to cord them *up. When I took the things to priasner's but it was agreed that we should come to Reef i on as man and wife. Cross-examined : Met accused at Ku mara, and when I left had an idea of going to Dunedin. Defendant said that when fhe things wore brought to his place Mrs Gordon said that she wished to go tc Dunedin, to her brother, and he (defendant) helped her to peck them He told her that a» he was going to Reefton, he would accompany her as far at Greyraonth. On arriving at the latter place, however, she changed her mind, and decided to come on to Reefton, to get a situation here, if she could get one. Defendant said that he could produce evidence to attest to his character. . His Worship said (he defendant's character had already been pretty fully before the Court. The csso having closed, his Worship said it had been clearly proved that the prisoner was aware of the nature of the contents of the boxes, and bad knowingly •tided and abetted in their removal. This clearly established the charge. Sen* tenced to four months' imprisonment in Hokitika gaol, with hard labor.