Hastings S.M. Court

Hastings Standard, Issue 448, 12 October 1897, Page 3

Hastings S.M. Court

Tuesday Oct. 12. (Before Messrs M'Leod and Stubbs, J.IVs) George Tait, a Maori was convicted of using obscene language on the racecourse last week and was sentenced to 14 days' imprisonment in Napier gaol and on a charge of drunkenness was cautioned and discharged. BURGLARY. William Mason and William White were charged with breaking and entering the I-'ernhill Hotel on the night of the Ist October with intent to commit a crime. Constable Smith conducted the prosecution.

The prisoners were unrepresented

Frederick Gebbie, a coach-driver, sworn deposed that he was in the hotel on the evening in question with others and saw both accused there. Mason went in about 9 o'clock. Knew White, the other accused, who went in about ten minutes afterwards. The accused were accommodated with a shakedown in the billiard room. Witness and two others, Taylor and Cooper, had suspicion about the accused, especially Mason, and they decided to wait up on the balcony and watch. After some time they thought they heard the bathroom window open. They struck a match and saw Mason. Mason got out again on to the roof and

called out " lire " two or three times. There was no fire. Went into the bathroom and saw the window wide open. Went down stairs and examined the premises, except the dining room, and found them all right. Smith then went over for young Ramsay. Ramsay, Cooper, and witness went into the billiard room. The accused were lying ready for sleep, one on the seat and one on the Boor. They each had a swag when they went into the billiard room but they had no blankets. While watching on the balcony he saw through the window one of the accused rolling up his swag. They laid the swag on the seat, after which the light went out. They kept watch all night and at 5 o'clock in the morning young Ramsay and witness went into the billiard room to see if the two accused were there. White was then lying on a seat and Mason was coming out the front door. Mason said " Gcod morning " and then asked if there was any show for a beer. He remembered seeing Mason coming into the bath room by the window. It was then that Taylor struck at him with a stick. Pie did not know whether be hit him, but he broke the stick. He struck at him two or three times. (Stick produced, broken into four pieces).

By the Bench : He did not consider it his duty to charge Mason -with an offence although he was sure he saw Mason getting through the bathroom window. By Mason : He mistrusted him becaused he recognised him as the man who received 18 months for breaking into the store at Fernhill. The proprietor of the hotel also recognised him. Although they knew him they had given him a shakedown on the premises that night. He would swear that the accused had asked Mrs Earnsay for a shakedown, it# was in the adjoining room when he heard him ask Mrs Ramsay. Four of them were playing euchre when the accused came in." It was because they knew the character of the accused that they watched on the balcony all night. The windows had been frosted, but the frost was off the centre one and they could see from the balcony what took place in the billiard room. After hearing the noise he would swear he saw* him (Mason) getting through the bathroom window". He saw his face when a match was struck, and he was certain it was he. When Taylor struck at him the accused ducked down and got out of the window again. By Mr White: He first saw him come in at about 9 o'clock. He might have been " merry," but did not think he was drunk Mason said he could call witnesses to prove that both of them were drunk on that night and that several Hastings publicans had refused to serve them. By the Bench : He thought White was slightly under the influence of drink. At 1-30 p.m. the Court adjourned for an hour. In the afternoon W. T. Taylor was under examination, his evidence being mainly a corroboration oi" the previous WitHceS. (Left sitting.)