STIPENDIARY MAGISTRATE'S COURT.

Akaroa Mail and Banks Peninsula Advertiser, Volume XXIV, Issue 2075, 4 August 1896, Page 2

STIPENDIARY MAGISTRATE'S COURT.

Akaroa, Jolt 31st, 1696.

Before A.I. McGregor and A. #. West*

■KNRA. Esqs., Js.P. DRUNKENNESS.

George Welle wee charged with 'thie offence, end pleaded not guilty. He was defended by Mr Pot".

Alex. Scully, Constable, depoeed to the airest of. the accused on Wednesday night, Hβ was in the Police Office, and going out saw the defendant in the t-trett. He wee drunk, and he a reeled biai.

By Mr Potts: I arrested the defendant on a charge of drunkenness. I did not arrest him to keep him in band ready if another offence cropped up. I did not aay, * Well, I'll attest you for drunkenness anyhow." Constable Scully io charge of the pt fcion deposed: Welle wue drank when arreetsd. Defendant paid be was not drunk. Defendant stood up fdr i-even minutes. He stood like ft man drunk.

Juje Lelierre, ijutcber, resident in Akaroa, remembered bringing up hie cart from German pay. Flayed cirds with Weils at the Critaj-ion Hotel. Played only one game. Wells played the game cleveTly. Left Wells in the Criterion and' went out on private businesp. Defendant bad had a nip, and might have had time

to get; drunk before hie arrest. John Sunckeli deposed he wee playing cards ,w»th'. Welle on the occasion tjauredv Defendant knew what be was doing, but had had some liquor. Defendant gave aii account of hie proceedings on the day in question. Afiet playing cards with pievioas witoeeeee, he went outeide the Criterion Hotel where

they bad fcee'n playing, and Obarlee Brackie oanght hold of him and pulled him down opposite the Police Station, 3onstable A. Scully then arrested him. He was quite sober, and remembered alt that had occurred.

Fined 5a and costs. ■LABOENT.

Geo. Welle was farther charged with iHa larceny of a bottle of beer value 6d, Mr Potte appeared for the defence. Alex. Soully, swoin, eaid be beard nome voices outeide ibe police t&ttion on Wednesday night. Went out and caw de'fen«s dant and a man named Charles Brackie, Defendant bad a bottle in hie hand, and Bfackie eaid it was bis. Arrested Welle for drunkenness. Wells said the bottle was hie. He had bought or got it from Mr Adame. Welle eaid.it was hie bottle and Brackie eaid it wae hie.

Gbnrles Brackie, a laborer, remembered

the street of Wells. Hβ bought. some beer in a square gio bottle et Mr Adatn'a Criterion Hotel and left it in the hotel whilst be went to help some men with a . boat, Weui back t) the hotel and found the beer had gone. Asked fylr Adauie if he had put it in the bur, and be said no. Witness eaid ' never mind,' and wentouttiide where be saw defendant and Jeeeon. Auked defendant fur a light, end then aoked him if he had a boitle of beer in hie otbtr.hund. Dafrndat.t eaid he didn't know. Turned him round and found the bottle in his hand. Hβ then took defendant to tie police eietion. ... , Th'oVA'daiu'i; proprietor>Crit*rion.HQteJt •.worn, elid—l lemHiiber the of the '29th < Brackie ard the present defendant 'were'in'ibe hotel. Brackie had a pint of tieer in a square bottle. (iave it to him and did not see it <my raff-. The bottle produced is eiaiii .r t > .no one I gave him. Wells wae i-i the hotel witbßracv !<<■.. I do not rec.-.lect supplying Welle w th a bottle of boar. For the defence JWe IHieVr* depowd be heard aocußed ak Mr Adacne tj put some beer in a bolt'e for him. Did not know if he got fin beer. Welle deposed that he saw the bottle of beer on the ni an tie- piece, and took it thinking it wan hie own. When Brackie o«ught hold of him be had the bot'le in his ineide c.oet pocket and took it out and put it behind him bo that Brackie should not break it. - ■ ; Frank Uait, butcher, deposed he knew Gep. Well*, and be bad been a long time 'n hie.employment., Wells was exceptionally booeßt and be must have been co drunk ,88 to be out of hie senses to take a bottle of beer. ; Tbe Bench diemiesed the casp; and Btrobgly the dtfendant to-take out a prohibition order against biooeelf on * the next visit of the S.M., as they were ■sonjr to see euch a good working n»ao g-t into trouble" through intamperate habile. ,

•LABCKNV-

Edward Erikeon, boot-maker, was charged with Ihe larceny of cix bott'es of colonial port t, the property of T. NY Gr»nge, of Hotel. Mr Pot f e appaaredifor the plaintift. Tiiop. Neebi't Grange, eeid : I am liqensee of GrangeV Hotel. I remember lhe,pight : of July'2s!b.' Daring tbie wet. wqotlier ( iny',caller has been flooded, end ijn goneeqaerjce I left a case of colonjal 'etout end some hogeheade of beet by; rn'e side or the oreek, Oα the night in question Mrs Grange an J I wete going to bed. She was first in the room, which ie up. etftiie. and looking out of the window, called oat to me there was eompone taking the stoot. I ran op, and lookingooutt t I caw a man there, end pulled up the window. The man then r«n. and I gelled ,'ont, "It's no good you'ie goings I know who yon are/ The man ran ftway and dragged a beg after him. end by the time I bad got into the etrefi be b9d:die~ appeared. 1 went to the Hoepital corner end all round the locality, end eventually I foand foar fa 1 bottles of etout and two em plies on the road. I believe the person I tiaw «t the case was the nceueed. At first I thoaght ir was someone else, but when be moved I said to Mre Grange, '• Why. it ie't'iet lame bootmaker. ,, '.' 1 also Raid, to Mrs Grange, ' If it is Erikeon I whall find hie traeke to-morrow morning." The following morning I did find tbe man's and believe -the 'defendant to be tbe man. 1 found a KUgarbag near the creek, nnrt the tracks led from theeaeee t> where I found the bag and the bottlee. A heel of one foot only and tbe. toe of tbe other was shown in tbe (rack*. The heel of the left foot showed and the tight toev Joet for a moment I thought it was someone else. By Mr Potte—l traced the impression of the bpfil end toe frono the caeee up the creek;: The man CHmedewn the creek to the cfeee nTuri" went buck the eatne wey. There' wi&re V-ther foota>srk«. The heel vy&B distinct. I coul<l not e«-e the ball of i\\» font rliß'inctly. By .tbe Police—fbo man wore e.Hght bat, a dark coat, arid n light pj»r o$ troneerrj. The oM>r Ifl n j aad worth 6*.

William' Jolly,. g«rdnr»pr, eworn. ««id— I Tempmbei 'Snndoy, 26th JTi'y. J «rae troing ptift Grange's Hotel, and my attention was culled f> n case of beer near tie 'bridffp, which had been opened. Grange ■called my nttenfcion to tracks leading from the cases up the creek . I have no doobt they were made l»y a lame awn. The Doot that ie en the foot of accused n't the «prespnt It'me is not the one that made the 'mnrk but a man running like Eriknon would make fimilar to thope I enw. John Staples, ewnrn, eaid—Ho lett 'Grange's Hotel at 10 pm. on the night in question. •Hβ saw Erikson go home at half-past ten. Siw him go inside the 'house he lived in. John "L'nas end voting Welsh live with Erikeon. It wou'd only tefke a very few minutes to go from house to Grango'e. Henry Stewart was with Staples and Erikeon on 'the night in question. Went in with Erikaon and stopped h«lf-'sn-hour. Erikeon started undreHeiner first. Hβ could net have gone ooft without dis« lurbing the other men in the bouse. By Police—lt .wps a quarter to eleven when I left. , They, were playing cards ¥for pastime. The game was euchre. John Lines unid be was living wfth

"Wbelcb and Erikeon. H. Stewart. Frank

liny lock and the three residents were in hoaee on Saturday night. When Stewart left about eleven Erikaon wae un•dreseing. Erickson oould nrtt haye gone out of the wharfi before half pact eleven without hie knowing it. : ;

By Police—'Defendant Bleeps in the 'icltehen.: He is a boarder of myaelf and Whelcb, There is a door but of the

kitchen to the outside,

f bad no means

of knowing 'the exact time. I went to e'eep th»'t nigbt. Wbeloh and I are keeping Erikeon, we could not ccc him go away penniless. This concluded the evidence, and tbe «»3l3ench dismissed the oasei