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RAKAIA.—Thursday, March 11., Ashburton Guardian, Volume 1, Issue 74, 16 March 1880
RAKAIA. — Thursday, March 11.
(Before Mr. F. Guinness, R.M., and Messrs. E. S. Coster and C. N. Mackie, JJ.P.) WINDOW SMASHING. Police v. Burnard.—Defendant pleaded not guilty to a charge of destroying private property at Chertsey, on the morning of 25th December last. Sergt. Pratt conducted the prosecution, Mr. C. W. Purnell appeared for the defendant. Benjamin White, sworn —I am a carpenter and joiner living at Chertsey. I was living at Chert ley on the 25th December last. I was working for W. Hartnell and Co. I lived in a house belonging to the firm. I was disturbed on the morning of December 25th by a noise of stones falling on the roof. My wife was living in the house with me. When I went out I saw accused and two or tnree others whom I could not recognise. Saw accused throw a stone through the window which I was looking through. Saw the others throw stones through the window. 1 went out, and accused ran home. I followed him to near his door. He stood at the door. I asked him whether he knew that he had been breaking windows. Accused made a rush at me and struck me. The other parties dispersed, and I returned home. When he struck me my hat fell off, and I left it with him. Three panes of glass were broken by accused and the others on this occasion. Two sheets of iron were damaged by the stones thrown
on the roof. Each sheet of iron was worth Bs. The watertank was damaged at the tap. It did not leak before. The property belonged to W. Hartnell and Go. By his Worship—The accused was drunk when he struck me. There were a good many drunken men about that night —Christmas Eve. By Mr. Purnell—l am a teetotaller. This* disturbance occurred at 4 a.m. on the 25th of December last. I got up through the noise on the roof. I was sleeping in a room back from the shop. The morning was light, but not broad door I was standing at was 10ft from the window. I was living there about seven months. The windows of the bakehouse had not been cleaned during that time. When I opened the door of the bakehouse my attention was drawn to accused by his throwing stones. Accused was dressed in lightish clothes. My wife came out shortly afterwards. I know a person called Capel. He was among the crowd tnat night. I did not go to accused’s house and try to break in. He was at the open door. When I came home on Christmas eve there was a horse in the stable. I do not know whose the horse was. I put the horse outside and tied it to the stable door. I did not turn the horse loose. Accused had been at a patty that night. The holes in the iron roof could not have been caused by rust. My children might have been playing with the tap that day. Frances White, sworn—l am wife of - Benjmin White, the former witness. I lived with my husband in the house belonging to Hartnell and Co., at Chertsey, in December last. I remember the morning of Christmas day last. I got up about 4 o’clock through a noise of throwing stones from outside on to the roof of the house. The stones seemed coming through the roof and windows. I stepped out into the shop and looked through the window of the bakehouse. I stood about five feet from the window. I saw two or three men outside including accused. They were about ten yards from the window. Saw accused throw stones at the window. The stones came through the window on to the table near it. No other stones came through while I was there. My husband was standing near me at the time. He had got there before me. There were three panes broken in the window of the bakehouse. Two had been broken before I arrived there. My husband went out, but I remained inside. I saw my husband running in pursuit of the men. There were two holes in the iron roof of the house. I used the tank the night before. It did not then leak, but it leaked in the morning. My children had not been to the tap. I could distinctly see the people outside. By Mr. Purnell—l think accused was in his shirt-sleeves, but could not be positive. I did not notice the dress of the others. Alexander Capel, sworn—l am a wheelwright, living at Chertsey. I remember 25th of December last. I was not with defendant on that morning. I was not in bed at 4 o’clock that morning. I was in defendant’s company at 1 o’clock. At-the request of Mr. Purnell his Worship cautioned witness that he was not obliged to answer any question which might tend to criminate himself. Examination continued —I could not say how long I was in accused’s company. I know Hartnell and Co. ’s shop at Chertsey. I was near there that morning. I was not • in accused’s company at daylight on that morning. This was the case for the police. Accused's counsel declined to call any witnesses. The court was then cleared, and on resuming, his Worship, addressing Burnard, said that in inflicting a high penalty on him the Bench were quite satisfied that he had committed the which he was charged. He and tijfmera who were with him at the time had evidently wound up their night’s orgie by annoying White and his family, because he (White) had put out of his employer’s stable a horse which had been put there without permission. It was no excuse to say that it was customary for people coming from a distance to put up their horses in any person’s stable. No one had a right to use the humblest person’s stable any more than he had to place his horse in a king’s stable without permission. The evidence of White and his wife was perfectly reliable, though given in a somewhat rambling manner. He would be fined L 5 and costs. RAILWAY TR ESSPASS. Jas. Wilkinson was charged by the police with driving fifteen head of caitle across the railway line at a place which was not a proper crossing, and not being a station. Defendant admitted the charge, wnich was substantially the same case which had been heard before his Worship some time ago, and which had been dismissed on technical grounds. After hearing the evidence of Patrick Malley, ganger on the railway, who said that the place where the cattle crossed the line was perfectly level, and that no damage had been done, a fine of Is. and costs was inflicted. ASSAULT. Haymah v. Cane. —Frank Cane was charged by Jesse Hayman with assault. Defendant pleaded not guilty. It appeared that Hayman had lost his pick handle, and said that Cans was as likely to have taken it as anyone else Cane replied that if Hayman said that again he would give him a “dab in the mouth.” They then began to fight, and after several rounds they both fell, and while rolling on the road Cane took up a boulder in his hand and hammered Hayman on the head. Fined £l, and costs £1 7s. Bd. CIVIL CASES. W. Hartnell v, A. J. Kelley. —Claim, £l3 7d. —W. Doherty v. T. Santy.— Claim, £ll6s. sd.—Morris v. Johnson. — Claim, £l3 3s. 6d. —Judgment in each case for amount and costs.—Stenning v. Goldsmith. Judgment for £l2 9s. 6d. to be paid in two instalments. —W. Hartnell v. Santy. No appearance of defendant. Judgment for plaintiff, the amount to be paid in instalments of £2 per week, or in default, three months’ imprisonment.—C. Lake v. Joseph Hasket. This was a case of disputed accounts which took up a good deal of the time of the Court. Mr. Purnell for plaintiff; Mr. Ireland for defendant. Judgment for plaintiff, £7 Bs. The Court then adjourned.
RAKAIA.—Thursday, March 11., Ashburton Guardian, Volume 1, Issue 74, 16 March 1880
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