MAGISTERIAL.

Bush Advocate, Volume I, Issue 29, 12 July 1888, Page 2

MAGISTERIAL.

■ * ORMONDVILLE R.M. COURT. Wednesday, June 11th. (Before Capt. G. A. Preece.) CRIMINAL CASES. BREACH OP RAILWAY BYE-LAWS. D. Carmichael was charged with allowinga cow and calf to trespass on the railway line near Makotuku. The defendant admitted that the said cattle had strayed on to the line, but that it was owing to the gate of a private crossing Deing left open.— Fined 5s and costs 9a, witnesses expenses, 2s 6d. A similar charge against the landlord of the Makotuku Hotel, for allowing his horse to stray on to the raihvay line, collapsed. The prosecution failed to prove that it was " his " horse, and the case was dismissed. ASSAULT. Joseph Kuhtze was charged with having assaulted one Jens Christian Sorensen on the 13th June last. Mr Lough nan appeared for the prosecution, Mr Dick for the accused. Jens Christian Sorensen deposed ; I am a settler living at Norse wood. Last Court day (13th June) I left Ormondville a little the worse for. liquor, and visited Kuhtze's brewery, where I had some beer together with Lundqvist, Todd, and Jensen. There was a dispute between me and Kuhtze about some change out of money I had given him. First he said he would give it to me ; subsequently he said I had received it. Kuhtze then walked ©ut of the brewery, and I came out a little afterwards. Kuhtze was standing at the corner of the cooler. He asked me to come to him. I went, thinking that he was going to pay me my change. He jumped out and struck me with a long stick, about 6 feet long, and felled me to the ground. I gave him no provocation. I did not say anything to him from the moment he left the brewery till he struck me. Sometimes I havo boon chaffing him about his beer, but not that day. Lundqvist came out of the brewory, and asked if Kuhtze had struck me. I do not think Lundqvist fiiw him strike me. By Mr Dick : I have be;?n '" •■ <• •■->'■ fights, but lam not a in' u- ■ . ' > quarrels. If anyone xunt--strike, again, I am rewUwt every-

thing winch took place that day. 1 was not so drunk that I did not know what I was doing. I was much bruised by Kuhtze knocking me down. Had to get Larsen's boy to help me on with my clothes the next few days. The boy is not tall, but tall enough to put my coat on me without the assistance of a broomstick. F. Lundqvist stated : I was in the brewery, together with the others. We were all more or less the worse for liquor. Heard some dispute between Sorensen and Kuhtze about money. Sorensen took hold of Kuhtze by the coat collar, who told him to let go. When he would not Kuhtze let Sorensen have it between the eyes and knocked him down. This took place inside thebrewery. T. Todd and Jens Larsen. Jensen also gave evidence. They did not see the assault committed. Joseph Kuhtze, on his defence, deposed : On the 13th June, between 6 and 7 o'clock, I was ' having my tea, when Lundqyist came and knocked at my door, saying I was wanted in the brewery. Told my son to see who it was. After tea I went over to the brewery. Found Soreiise.n and Lundqvist kicking up a great row. Told them to be quiet. Martin Jensen came in for two gallons of beer. I served him. Sorensen then said : " Now, Kutze, you shout for Martin and give us a drink all round." 1 replied that I would give Martin Jensen one but not the others, as they had had enough. Sorensen said : " You will have to do it, I have paid you for it;" I replied he had not. He then caught me by the throat and tried to choke me. I asked him two or three times .to let go. When he would not do so I struck him on the forehead and he fell down. T then took the light and went outside, saj - ing that I would give him two minutes to clear or I would kick him out. I was standing outside waiting for them to go. Sorensen then rushed at me. I had a switch, which I am using as a whip for the horses. I struck him with it. I then moved awayysaying that I was going for one who would clear them out. When I came back they were gone. Martin Jensen, settler, Danish Line, stated that he came to the brewery on the evening in question for two gallons of beer. He saw Sorensen and three others there. They were pretty well drunk. Witness then generally corroborated Kuhtze's evidence as to the assault. His Worship : " Were you sober 1" Witness : " Yes, I was quite sober." His Worship : " I merely wanted to hear there was someone among you sober. There seems to have been a great deal of drunkenness." Mr Dick: "But, Your Worship, don't you remember it was a Court day." . In summing up Mr Dick pointed out that the assault complained of was stated to have taken place outside ; that nobody but the complainant seemed to know anything about it. He would ask the Bench to dismiss the case. ( Case dismissed ; each side to pay their own costs. BREACH OF THE LICENSING ACT. Joseph Kuhtze was then charged with that he on the 13th June last did unlawfully sell eight glasses of beer. Sergeant Ryan conducted the prosecution. Mr Dick again defended. The alleged offence took place on the same evening as the assault. J. C. Sorensen was again brought into the box. He would like to mention that he did not want to have anything to do with the case or give any information. He had been accused of being an informer, but he was not. The Bench gave him to understand that he had to give, all the information he could and speak the truth. He then deposed : On the 13th June last I went, to Kuhtze's brewery in company with Jensen, Lundqvist and Todd. The last-mentioned vyas on horseback, the rest of us driving in a trap. We were served with beer by Kuhtze's son. I called for the beer and we had a glass each, I gave the boy one shilling. The beer was the usual kind of beer he is always brewing, the same as Swan and all the other fellows. A little later Kuhtze came to the brewery. Saw the boy five the father the shilling I paid him. ensen went away for a time to a settler close by. Gustav Larsen came in very much the worse for drink. Bye-and-bye I gave Kuhtze two shillings and asked for another round. Kuntze would not give Larsen any more. Supplied me and Lundqvist with one glass each. We were all together when I paid. Do not know if any of the others took any notice. By Mr Dick : I have spoken the truth in both cases. I was only half drunk, not rolling drunk (Mr Dick : It is a pity, Your Worship, that an instrument has not been invented on the principle of the alcoholic meter, so that the various kinds of drunkenness could be accurately ascertained. J I was sober enough to walk straight. Had nothing to drink between Ormondvilie and the brewery. Do not think there was any moon. Would not like to swear to it. Lundqvist, Todd, and Jensen gave similar evidence. IS'one of them had seen any money pass between Sorensen and Kuhtze. Joseph Kuhtze was then called as a first witness for the defence, and deposed- as follows : I remember 13th June last. Did not sell any glasses of beer that evening. I gave Sorensen and his companions some glasses of beer to get rid of them. I did not receive any money. Did not authorise anyone to sell any beer. I have heard Sorensen's evidence about the two shillings. The row started about that. I told him he was telling a falsehood about the money. By Sergeant Ryan : It is not true that my son handed me a shilling as stated, even if two witnesses say so. I gave each of those present a glass of beer merely to get rid of them. Martin Jensen generally corroborated Kuhtze's evidence. He heard Sorensen say to Kuhtze that he gave him two shillings and that Kuhtze denied hvving received them. F. V. Hollins testified to seeing Sorensen in a state of drunkenness at Onnondville during the same afternoon. This closed the evidence for the dofence. Mr Dick addressed the Bench as follows : Your Worship ! The defence is very clear. All the witnesses for the prosecution have, out of their own mouths, proved themselves to have been intoxicated on that occasion. In fact, their minds seemed to have been Mix das regards many points. They ii'J not know whether it was daylight, naopn, o> dark when they arrived aij

tne brewery. As to tne two shillings that Sorensen says he^paid to Kuhtz, I must ask your worship to disbelieve that. He is the only witness- who makes this assertion ; the others do not know anything: about it. ■ As reSards the shilling given to the boy we isclaim all knowledge. The bqy may have received a shilling; but if he has we take it to be a tip in the same manner as the boots at an. hotel receives his tips. We admit having supplied beer to these persons, but if your Worship is in the habit of visiting breweries, you will, no doubt, know that brewers are very generous in the way of giving a taste of the beer to visitors. " . The case was dismissed with costs against the accused for expenses of witnesss of the prosecution.