Magistrate's Court

Bruce Herald, Volume XXVI, Issue 2689, 1 October 1895, Page 2

Magistrate's Court

MILTON,

Friday, September 27, 1895. (Before Messrs J. E. Brown and Wayne, J.Ps.) A SPREE. Two first offenders were charged with using threatening behaviour in Onion Street, Milton, on the 22nd inst, with intent to provoke a breach of the peace. The aatne accused were also charged with wilfully committing damage to the property of Francis Grant, Milton, to the amount of 10a, by breaking a window in tne Milton Hotel. They were also charged with causing damage to the amount of 6e 6d to the house occupied by Jessie B9nnetto, and the property of Francis Grant, by breaking windows therein. They were further charged with causing damage to the amount ot 4s to the house occupied by Fanny Templeton, and the property of Francis Grant, by breaking windows therein. Accused pleaded guilty to ail the charges, and the prosecution was conducted by Constable King. Constable King said that on Sunday last accused went to the houses of two residents in a back street in Milton and smashed some windows. They then went to the Milton Hotel and smashed a window thtre. They were pursued up the street, calling out at th-^ top of their voices. A mun named Hughes w*s on the street, and when the police arrived they accused him of informing the police, and threatened to assault him. Jessie Bennetto eaid she was in bed on Sunday night, when she heard a crash, stones thrown on the top of the house and on the windows. Two panes in the windows were broken. She Wbut to the gate but could not identify them. She then went to her neighbors next door and woke them, after which she went to Mr Hughes' place. When the latter came back with her the other window was smashed. She found stones, wood and tussock inside the house. The articles produced in Court were what she found. She was annoyed by the accused about two years ago, the lock of the door bting knocked in. Tneir parents came down and aaked ter to let it pass, which was f'one. Fanny Templeton, wife o f John Templetoo, aaid a little after eleven o'clock last Sunday night she heard a great noise outside the houß-, and shortly alter that the windows were broken by stones. She was in bed at the time, and when she got up there was no one there. There were three or four panes of glass brokea. She did not see who had thrown the stones. She heard Mrs Bennetto calling out to her. Francis Grant, hotelkeeper, said he was at home on Sanday night last. He was in his private room some time after eleven o'clock, when be heard some knocking. A little while after that a window was broken. He ran out and followed the parti c, aDd found them to be the accused, with whom he caught up near the Poet Office. He struck a match and said he was very sorry to see who they were. They had rags on theie hands when he saw them. The damagr done to the window was 'lo?. He was also the owner of the houses occupied by Mrs Templeton and Mrs Bennetto, and the damage done to the windows in those houses was Bs. He heard a most hideous Doisa

after he left the young men, a most unusual occurrence in Milton on a Sunday night. He should have taken them boto to be drunk. By the Bench : Accused cot no drink from him on the night in question. He took no stepa towards prosecuting accused. Joseph Hughes, laborer, eaid he was roused out of his bed on Sunday night last by Mrs Bennetto, who said there were two men round at her house smashing windows, and she was afraid ahe would be murdered. He got out of bed and went round, bat saw do one. As they were turning tha corner, however, they heard a yell and also a window breaking. After that they went back, and virs Bennetto went along the road and met Mr Grant coming along, when Mrs Bennetto came back. They hunted about for the accused and saw them opposite the Wesleyan Chnrob. Thomas Grant went for the policeman and accused jumped over the fence He afterwards saw them on the main street", the constable being then present. Aconsed made a remark to witness, and be believed would have struck him but for the presence of the constable. By the Bench : They weie neither drunk nor sober at the time, bat they had been drinking. William Gleeaon, constable, said he was oalled on Sunday night about twelve o'clock to quell a disturbance. After making enquiry he ran round the block, and opposite Mr George Reed'a he met the two accused, and asked them where they were going to, and where they came from. He accused them of creating the disturbance. At first they denied, but subsequently they admitted that th y were the parties. Hr Hughes came on tbe scene. Witness asked him for a match to see who thby were. As he was handing witness the match, they threatened the man and accused him of informing the police, or words to that effect. No doubt they would have assaulted him but for witoeaa being present. As they spoke they lifted their hands to strike Hughes, bat on witness speaking to them they desiated. One of them was very much ander the influence of liquor, bat was quiet when witness was there. The other man had taken some drink, but knew very well what he was doing At the time he saw them he did not know that any damage had been done. Had he known he would certainly have locked them up. This concluded the case. The Bpnr-h Baid the decision of the Court wan, in the first ca^e of using threateuiog behaviour in a pnblic place, that each of the accused would pay £1. or in default, seven day*' imprisonment. They must understand that if their position had been a little better assured they would have bean fined, not £1, but the extreme penalty that the law allowed. In the second case, for breaking windows at Mr Grant's, they would have to pay tba damago done (10s), and a fine of 5s each, in default three days' imprisonment. In the third case, of breakiDg windows at Mrs BeHnetto'b, they would have to pay the damage done (4s), and a fine of 5s eacn ; in defau t three days' imprisonment. In the fourth case, for breaking windows at Mrs [ Templeton'e, they would have to pay the damage done (4a), and a fine of 5s each ; in default three days' imprisonment. They would als~) have to pay the costs of Conrt and witnesses' expenses. In giving judgment the Bench eaid they were exceedin.ly sorry to see two young men who had been born and brought up in the place in such a condition as they were, running riot in the town on a Sunday night. It had often been a debated question whether colonial youths were drunken or not. tie thought as a rale ♦ hey were not, bat a case like this went a long way to prove the reverse. He hope 1 that this case would prove sufficient to m >ke them mend their way?. This had not been the beginning ; there mast have been some commencement to it. i his ought to act as a warning, not only to these two, but to all other youog meu. If they fe 1 into habits of this kind they would prove a complete bar to their usefulness in life. Tney had do charce of succeeding io life unless they exercised self-control. They might see around them many people who had imbibed bud hahita, which they had not been able to shake off again. Be noped he would uever see another case like this btfore the Court. He hek'i been on the bench for tbe last twenty-five years, and he had never met a case before which had paiued him so much as this one had. The total amount of the fine and coste, &0., was £6 4s, and a week was allowed in which to pay it.