A Bailiff Misses his Booty.

Gisborne Standard and Cook County Gazette, Volume I, Issue 44, 22 September 1887, Page 3

A Bailiff Misses his Booty.

ONE OF TEE STAFF EVACUATES. At the R.M. Court on Tuesday the Waertnga-a-hika alleged unlawful rescue case came on for hearing, H. Morse, G. Stubbs and D. McDonald being the defendants. Mr Brassey said that the action arete out of a civil suit by W. Adair against Morse, pursuant to which a Warrant was issued and possession taken. The three defendants rescued or attempted to rescue the goods in the hotel, claiming that they belonged to Morse or somebody else. By a " little subtlety " they got the bailiffs out, no doubt thinking they were doing a smart trick. He then explained the Course that, in his opinion, should hate been taken, tlnd called— D. Murray, bailiff, who deposed that the warrant was placed in his hand* on the 16th, on which day he executed , it personally, having with him Frederick Steele and John Logan Watt. Presented the warrant to Morse, and took an inventory, staying at the hotel about an hour. Morse told him he would not let him go into his private bedroom, and Mrs Morse also told him not to come into the room. He said he had a right to, but did not wish to do that. Morse told him not to take fiotice of what the women said. Witness said he would take charge ot the bar, but Morse requested him not to do so, as it would only make an exhi. bition before the young fellow, meaning McDonald,’ and he gave his word of honor not to do anything to the detriment of the possession. Witness went out again on Saturday, but meeting one of the bailiffs coming in he returned to town with him. pent out again on the Sunday, when the hotel was locked up. Saw Morse and Stubbs there, and had a conversation with the former-, who abused witness “ like k pickpocket and put his fist at me. "Witness was asked to confine himself to the actual language used.—Witness : It would take a book to write all that he said.l He told witne; s he should go and pay his own debts, and said they had euchred him. He retorted that Morse should pay Adair, when the defendant was holding up three notes to his face. Had a drink with Stubbs, but nothing was said about the hotel until the Monday. He stayed at Cooper’s hotel during the night and in the morning demanded an entrance. Morse would not open the door, and witness told him he would get his license cancelled if he did not, to which the latter replied that he was not the proprietor. Stubbs jeered him. McDonald was on the balcony. McDonald said he had not got the keys. He had since re-taken possession. He could not tell who opened the door. He told McDonald that he did not want to be harsh. Stubbs said there was a bill of sale over the things. _ ~ „ Cross-examined by Mr Finn: He was not under the influence of drink. Morse said to him, “All right, do what you like, I am only a servant here now. When McDonald comes back you can talk to him.” Went up stain after that, but did not try to enter Mrs Morse's room, although he threatened to do it. Mrs Morse slammed the door in his face. Morse was down stairs at the time. Did not say “ What a b fool the missus is to go on like that." When he went downstairs he asked Morse to speak to his wife, and tell her he did not want to go into her room. Did not Mk Morse to shout, nor, shaking his finger at him, say “You won’t?" Gave half-a crown for the men to have a drink. Went behind the bar and opened the till but did not take any money out. Was not under influence of drink Oh Monday: did not like these aspersions, and thought he should be allowed time to bring witnesses to disprove this kind of thing. Did not point to Stubbs and Morse and say “ Here are a pair of b loafers; Stubbs filed for a thousand pounds and paid no one." Stubbs offered to “ shake " for a drink on the Monday, but he told him to go and pay for it if be wanted it. Had a conversation with Mr Adair before making the seizure. Had not fallen off the sofa drunk. Re-examined by Mr Brassey ; The wines and whisky in the bar bad not been seized. Had told McDonald not to be stupid, and to open his house or he would get his licence cancelled, John Logan Watt deposed: He and Steele were left in possession, and he stayed there until about twelve on Sunday. Saw Stubbs on Saturday

night. Stubbs and McDonald told him that they had been to town and got legal advice, and that witness had no right there, though he might stop if he paid for his board. He was going out straight away, but Stubbs told him not to go then, and he would see about his board. Steele went on the Saturday, saying he had enough of it—there was not sufficient for him to do. By Mr Finn : Could not say Murray waa under the influence of drink when he went there. He sat at the table with the others. Steele went away on his own accord. Mr Finn: He found he was too kindly treated ? Then while McDonald was willing to feed two, he declined to feed one ?

Witness: Yes. Oa further questioning witness said he gave up possession because he believed they were not entitled to be there. Murray asked Mrs Morse to open the room door, and she said they were not going in there. Murray said if he liked be could. Later on he had heard some of the parties using bad language, but did not remember any particular expressions. Murray was irritated. Mr Finn contended that “rescue” meant resistance against lawful authority, as taking back by force goods which have been taken in distress, but here, even were the goods seized the property of Morse (which he denied), possession had been abandoned, and there was therefore no leacne. If necessary he would call witnesses for the defence. His Worship after further argument by counsel, said he must dismiss the ease on the point raised, no costs being allowable against the bailiff.