"RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Herald, Volume XXI, Issue 5354, 11 April 1879, Page 2

"RESIDENT MAGISTRATE'S COURT.

'ftiUBSD'AYj APBIL.IO. (BftfdVe R>,Stu'ar't, Esfq'., &M.l MOEiiiifea v. s'cott'. This was a ofafatyof £2' 63 6'd, for wages s alleged to be due ; to plaintiff. Mr Lascelles ffas for defendant,- who" pfe'aded nW,fc indebted. The plaintiff stated that he had been: engaged in Wellington a 9 waiter for the.': Masonic Hotel at £2 per weefo When Mr Scott settled with him' he deducted the amorint he now sued for. J. R. Scott, hotelkeeper, stated that plaintiff had been engaged as" heaid waiter at £2 per week if he was a competent m'aU After the first fortnight he found plaintiff was totally unfit; for the place of head waiter, and he loM him' he should have to put a competent man ovetf him. He then told plaintiff he should have to take a second waiter's place at £1 10s per week. He had paid him at the rate of £2 per week for the first fortnight, and £1 10s for the remainder of the time. When he paid plaintiff his cheque he made no objection. He had to discharge him, as he waa unfit even for the second waiter's place. Judgment was" given for defendant. iLLECfEtf lIOtJSE-B'RfiA.l&tfG!. William' Bishop .and Henry Low were charged with breaking into' the.house of Hannah Fallon, Napier, on the' 7th' insrt., and stealing therefrom the sum of P-2. Mr Lascelles appeared for the prisoner Bishop; the other prisoner was undefended, inspected $ou% called Hannah Fallon, who 1 depeftedt lam a dressmaker residing in the White Boad 1 , On Monday evening, about half-past 7, I went down town. I returned about 9 o'clock, and found three panes of glass in one of the windows were broken. I found the room disturbed, the boxes upset; anil the window blinds pulled down. I had left my piir"de in a bag underneath the bedstead. There' wefe four £i ndtes ill the purse.- I found the purse had been taKeii odt of the bag j the bag had been emptied out and reniove'd ;to the other end of the bed. I did" not see the purse till next morning, when I saw it under the clothes. , It waa empty. I found none 1 of , my irioney, ; till next morning, when I found" two of the notes in the bedclothes. When I left the 1 hovtae in the evening no windows were broken. I had secured everything, and left the house tidy. Neither of the prisoners had any right to enter my house. , I searched the house for the other two notes, but did not find them. The bag and purSe produced are those I left under the bed. By Mr Lascelles : One of the prisoners (Henry Low) has been in my house about three times. He came to see a friend of mine one night last week, ond stopped till half -past 11. Ido not carry on any other business but that of dressmaker. I do not know that my house is known as a brothel. It ia a decent respectable house. The prisoner Low never stayed at my house all night. I saw Low outside my house on Monday night, with about 30 other lads. Ib was about a quarter past 9. I had seen him down the town that night, about 8 o'clock, but not to speak to. I put the money in the bag that afternoon. I got it for dressmaking from a party up the country. I cannot exactly tell you her name. She said she lived at Havelock. I never baw her before. She ordered five dresses, and gave me £4 for making them. Ido not ask people's names when they come for dresses. I did not give any receipt for the £4. I made a bargain with her before making the dresses. She left my , house about 3 o'clock in the afternoon. I have never seen her since. I found the purse next morning amongst the clothes on top of the bed. The woman who gave me the £4 was a tall fair-haired woman, and pretty well dressed. John Martin deposed : I am a cook at the Clarendon Hotel. I know the prisoners. On the 7th inst., about 9 o'clock, I was up the White-road. The prisoners were on the verandah of Hannah Fallon'a house. I saw them trying the back and front doors and windows. I heard glass break, and saw the window lifted up by William Bishop. He entered the house through the window, followed by Henry Low. I saw them coming out through the window. Bishop ' was dressed in a night-dress, and Low in a blanket. They struck matche9 while they were inside. I did not see any candle lit. They danced about when they came out for a few minutes. I told them to take the things back into the house again. They put the things back, and came out again. By Mr Laacelles -. I was not near enough to speak to prisoners I was about 20 yards off. I did have a talk with prisoners : about having a lark in old Mother Fallon's house. I know the house. It is a kind of a brothel. I said I would not go in ; I would stand and look at them. There were about 30 of them altogether ' round the house, I swear that only the two prisoners entered the house. I think another small boy went into the house. I did not stop outside to keep watch. I knew all the time that housebreaking was being carried on. I did not think of going for the police, noc did 1 attempt to stop them further. By Inspector Scully : The prisoners did not say in what way they were going to have a lark. Edward Flanagan deposed : I am work- I ing at Mr Williams' establishment. I I was on the White-road on Monday, the 7th. I know the prisoners. I saw them at the house of Hannah Fallon on that night, between 8 and 9 o'clock. I saw them at the window, looking in at the house. I did not see them go into the house. I was on the verandah, with several others, when there was a report that somebody was coming, and we all rushed down to the beach. The two prisoners, in company with Martin, re- I turned to the house again. Shortly afterwards I saw Bishop with a night-dress on, and Low with something like a blanket rolled round him. They came from the house towards the beach. About .three minutes after I saw the prisoners return to the house. I looked through the window, and saw Bishop in the house. Low was outside. Bishop had a lighted match in his hand. Somebody said the prisoners had better come out, and they came out. I heard Martin say they had better put the things back ; they did so. By Mr Lascelles : I went to the house to see the sport, and what the girls were up to. There wore about 25 or 30 of us. A number of us went up on the verandah at first, and commenced dancing about the verandah. We banged at the door pretty hard, to see if anybody was in. I did not see anybody open the window. I do not know of my own knowledge how prisoners got in. Martin came back to us, and Bishop and Low stayed on the verandah. I saw Bishop looking round the rooom. I never saw Low in the house at all. Martin stopped on the beach with the others. I did not see either Low or Bishop take the things off. I stayed on the verandah watching Bishop. He was looking round the room. I saw him open a big leather bag, and looking at it. I saw him lift a ladres' chain, and put it back again. I did not see him lift anything else. I went off the verandah, and Bishop came out directly after. By Inspector Scully : The prisoner Bishop took the bag produced from under the bed in the room. He had a match lit while he was examining the bag. I did not see him take anything out except the chain, which he put back again. The window was not open when we all went on the verandah. The chain might have been brass or gold. It was yellow. I did not see Bishop come out of the window. That closed the case for the prosecution. j Mr Lascelles said he did not intend i calling any witnesses. The prisoners, he

■ said 5 , were charged with feloniously entering certaik premises. He thought the evidence* proved' that one of them, a£any rate, could not o'ome' u'ncter such a charge. , He submitted that the whole thing* was 1 done for what is commonly called a ":kfc" . It was evident that there 1 was no burglarious attempt at entry. The question then 1 was whether there was. any' felony committed after the entry. It had jjedtt distinctly stated by one of the witnesses that Bishop had opened the bag and had taken up a 1 chain, but had put it into' the' bag again. He thought that, although the action of the prisoners was most improper, there was- no evidence of a felonious intent on their part, and none whatever to' connect them' with having stolen the £2. It Was well ktiown that in all large towns disturbances such as the' present one appeatfed" to' have been were constantly taking place in' what were kfltfwn as houses of ill-fame, and that considerable liberty was always taken with such houses/ He thought it was one of those cases which the law could deal with as being illegally cm premises, and while there committing an aggravated trespass 1 . There was no actual proof of there being a' felonious entry. He submitted that his Worship oould deal with the case summarily. His Worship said he did not agree with Mr Lascelles, as in his opinion the case was one for a jury to decide. One of the prisoners in particular, was no stranger to the (Joxivtj or to a gaol. He then cautioned the in the usual way. They reserved tn'eif defence; Both prisoners war" & then' committed for trial at the next sittings of the 1 Stfpreme Court at Napier. Bail was allowed/ themselves in £50 and two sureties of J'so each* {/&BCENY. Hone Karatl and Hare Mokena> the same natives who were brotfght before the Justices yesterday, and remanded till next day, were again brought up, charged with having stolen a rug and hat of the Value of 25s from a tent at Pohiu Bush. Hare Mokena, on this occasion, pleaded guilty, but the other prisoner still denied the charge. The only additional evidence to that taken* yesterday was that of Ned Chase, who deposed : I know the prisoners. When 1 went with them to' plaintiff's tent on the day in question, we found them nearly all drank* Hare i^okena left .the tent with me. I never saw the blanket or hat in prisoner's possession. On Tuesday morning Mr Livingstone sent to me to say that the prisoners wanted to- speak to me. Hare,, one of the prisoners, then told me that they had taken the things and were willing to pay for them. Hare also told me that they would pay £2 and settle the matter. The prisoner Karatl again made'a long statement in his defence, similar to that reported yesterday. His Worship said that on account of Hare Mokena's previous good character, and also his having pleaded guilty, the sentence of the Court would be imprisonment for seven days, with the alternative of paying four times the amount of the goods stolen, £9. The second prisoner was sentenced to 14 days' imprisonment with hard labor, with the same alternative as the other prisoner. Neither of the fines were paid. Hare Mokena asked if he would be released | next day should he find the money. His Worship said he had no power to do so. The prisoners were then removed.