TE KUITI MAGISTRATE'S COURT.

King Country Chronicle, Volume VIII, Issue 712, 14 October 1914, Page 5

TE KUITI MAGISTRATE'S COURT.

TUESDAY, 13th OCTOBER, 1914. Before Mr E. Rawjon, S.M.* ATTEMPTED SUICIDE. William Alfred Barton,charged with attempting to commit suicide on September 29th, pleaded guilty. Sergeant Rowell said the accused had got into a bad state through Jrink, having taken to methylated spirits. He was a hard-working man at ordinary times. Dr Norman, who attended to Barton when he had taken laudanum, said the man had apparently been drinking heavily prior to taking the poison. He appeared to be quite sane now-, and would probably b« all right as long as he did not take tu drink. His Worship said he would trust the accused to look- after himself. He would be convicted and to come up for sentence when called upon. A prohibition order would also ba issued " against him. LIQUOR BREACH. David Hugh MeDiarmid was charged with delivering anlahelled liquor into tha district. Sergeant Rowell stated defendant had brought x a dress basket containing three bottles of beer to Te Kuiti. Accased, who did not appear, wrote a letter pleading guilty. A fine of £2 and coats or in de fault a months' imprisonment was imposed. INSOBRIETY. A man named John Spann pleaded guilty to a charge of drunkenness. On a charge of committing a breach of his probationary license for release from prison, accused pleaded not guilty. He stated that, being unable to read English, he had not understood fully the conditions. Sergeant Rowell said he had no indication that accused would plead not guilty, and applied for a remand till to-morrow to call the prison authorities. Subsequeutly Spann pleaded goilty and was sent to gaol fot six months. Alexander Munro pleaded guilty to drunkenness, and was fined 20s, or in default 21 days' imprisonment. THEFT OF A BELT.

Albert Nord, for whom Mr Sharpies appeared, pleaded r.ot guilty to a charge of stealing a machine belt, the property of the Waitomo County Council. _ Sergeant Rowell stated the facta wera that a stone crasher belonging to the Council was located at Aria. The machine was stopped for the winter, and subsequently the belt was missed. Later it was found at the sawmill which was run by accused. A man named Cameron, who was working with Nord, waa said to have taken the belt, but when action was instituted Cameron was found to have left with the Expeditionary Force. Later, the troops put back and the action against Cameron and accused was proceeded with. Evidence was given by H. Lewis, contractor, to the effect that he was using the crusher at Aria. He identified the belt, produced, as the one belonging to the plant. It was placed in the fire box of the engine early in June last. Nobody bad any authority from witness to remove the belt. In reply to Mr Sharpies witness said he had known accused for some time and had various transactions with him. Had witness owned the belt he would have lsnt accused the belt. Witness r?moved to Pio Pio and was not readily communicated with from Aria- „ . David Callaghan, foreman to the County Council, identified the bek which had since been cut into two pieces The value of the belt was batween £3 and £lO. Witness, in company v.ith Constable Capp, visited the mill and saw the belt in use, but it had been shortened. Before they vi3ited the mill witness and Constable Capp saw the accused st Aria. Accused then denied any knowledge of the belt. When asked to go to the mill Nord said he had some business to transact at 10 o'clock. Witness and the constable subsequently Eaw accused at Aria, and told him the belt belonged to the County. Accused said he was not aware of it, but offered to make good any damage done to the belt. Witness replied he had no power to arrange that. To M? Sharpies: When witness saw acirused be asked him about a belt belonging to the County Council, it Xlas not tha only belt in the mill There several including the same sized belt. If aacuaed thought the belt belonged to Lewis he might not have understood the belt witness referred to. The cutting of the belt did not materially affect the value of

Sergeant Rowell: Witness had known accused some time. It was generally known at Aria that the crasher belonged to ths County Council. . .. Constable Uspp gave similar evidence to the previous witness concerning the interview with accused at Aria. When asked about the belt accused said he Krew nothing about anything in the mill. Cameron, with whom he was in partnership, looke after the mill, while accuse.l looked after the bush. When asked to go to the mill with witness Nord said it would be no use; he did not know what was in the mill, and if there was a belt belonging to the Council to take ifc away. When witness ana Callaghan returned with the belt accused'saia he knew nothing of it. Cameron had left him a lot rf trouble, and he would bepcpared to pay ccmpansation for any damage done to tha b?lt. To Mr Sharpies" tho cut-oft piece of belt was found under the shavings it was dry; another piece found there was wet. John Cullen, fan., hand at aria, Baid he remembered going with Mr Smvth to the crusher to get a halt from tha fire box. The same day witness Bas sent by Mr Smyth to the mill to try and borrow a belt Saw both Cameron and Nord, and aflked Cameron if he could lend him h belt.

Cam9ron replied "There's a.ll the J b<3lt3 we have." They wkre all on pulleys. Couldn't say if the Council's belt was? among them. Witness asked Cameron and Ncrrd if they knew anything about the belt belonging to the crusher. Cameron said he knew nothing about it. Nord wag not present, then. Possibly he heard nothing of the conversation. Sergeant Rowell stated he went to I Aria on September 25th and saw Nord about the belt. Witness told Nord Mr Palmer, owner of th<* mill at Auckland, stated he had sent no belts to the mill. Accused Baid he did not know where the belt came from; the first he had saen of it was in a sack at the mill and Cameron asked ■ him to give him a hand to fit it on the machine. Cameron did most of the mill work. To Mr Sharpies: Witness could form no other conclusion but that the belt had been deliberately stolen. There were opportunities for accused to explain the matter had the belt been simply borrowed. Mr Sharpies, for the defence, said it had been admitted that defendant did possess himself of ths belt. The mill had come to a temporary standstill through lack of a belt and accused took the belt believing it to belong to Lewis. Accused giving evidence on his own behalf said the mill was owned by Mr Palmer, and witness paid the owner 20 per cent, on the output of timber. Mr Palmer was to supply everything for the running of the mill. Witness admitted taking the bell from ths crusher. He believed it to belong to

Lewis at the time. Had he known the belt belonged to tihe Council he would not bave taken it without permission. Witness had lent things to Mr Lewis. The belt had suffered no injurv. Cullen had not spoken to witness about the be't. When Constable Capp and Foreman Callaghan , spoke to witness about the belt they referred to the County Councl belt,

To Sergeant Rowell: Witness did not know Mr Callaghan as County foreman until witness saw him at Aria. Tha story witness told to the sergeant was untrue. The belt was too wide for the pulleys and witness intended, to returngit whan the proper belt arrived. The proper belt was now at the mill. At this stage Mr Finlay, who was appearing for Cameron, who was also charged with the offence, said he would like to ask Nord a question before concluding his evidence.

In reply to Mr Finlay, Nord said he had cut tha belt. The belt wasnot put on until after Cameron had left.

To His Worship: Cameron had not seen the belt. Could not say if Cameron knew the belt- was at the mill.

To Sergeant Rowell: The belt was at the mill a bsort time before Cameron went away. He believed it was after Cameron left that tha belt was put on the pulleys. Edwasd Morgan, a Maori employed as engine driver, idantified the belt as one working at the mill. Cameron had tha belt when witness first saw it, and ask&d witness to give him a hand to straighten it out. Did not see who cut tha belt. Saw Cameron and Nurd put the belt on the

pulleys. In reply to Mr Finlay's questions in cross-examination witness said he did not understand. Witness was called by Nord on a pievoius occasion to say that Cameron and Nord fixed up the belt. Nord told witness about Cameron being l - there. Witness then remembered it. Did not see tha belt being cut. Mr Finlay said Cameron's defence waa a total denial of any knowledge of the belt. At the beginning of August Cameron had volunteered to go to the front. On the 16th he received word to go. Consequently there was not the slightest motive for Cameron to have taken the belt. In addition the fact that directly Nord was faced with the return of Cameron, who was supposed to ba away with the Expeditionary Force, the former admits that Cameron knew nothing of the taking of the belt shows that Cameron was only implicated by Nord in order to escape himself. John Stuart Cameron, in evidence, said he had never seen tha belt at the mill. The planer had not been working for a fortnight prior to witness' departure. Ths first witnaa sknew that the belt wa3 at Auckland when a detective came and got a statement from him. In cross-examination witness said he had written to Mr Palmer for a belt. The latter had replied when the next royalty was paid a belt would be provided. Morgan's evidence was untrue.

His Worßhip said the evidence of both defendants was unconvincing.

NoTd would have to be convicted on his o,wn evidence while a conviction would have to be recorded against Cameron. Bis Worship added he waa grieved and pained to have to record a conviction against both men. Although a criminal act had bean per formed be did not think the qsen Were dt that type who should not be trusted. Tha circumstances wers unusual. Both accused would be ordered to come up for sentence when called upon. They would have to pay the expenses.

CIVIL, CASES

Judgment for plaintiffs was entered up in the following cases: —A. P. Howarth v. John Turner, £56 9s 3d, costs £4 5s 6d; Official Assignee of F. J. Hallmond's sstate v. Cotter Bros., £39 19a 3d—£6 16s 2d; David Young v. Alexander Lawson, £3 4s 6d —£s 15s; A. «. Hawley v. Taitoko Hiriaho, by consent, £6 Oa 6d —£2 3s 6d; Iti Ranigtara v. Tukino Ratima, £4'()3 9d —l7s Gd; Tami Iti v. Tukino Ratima, £ll Os 9d—3Bb; Stevens v. Hammoora Pani, £9 sa—29s 6d; John Erikson v George McLaren, £4 15s £4 12a; Stevens v. 11. McLean, £2 10s Bd—£3 9a; Burley v. W. Fisher, 23s—3s; same v. Hira Poutawera, 34s lid—los; Mrs E. Mac Donald v. J. Matheson, £3 10s—14s; C. J. Ellison v. A. McLean, £4 7s 6d —235; same v, Ngaronga 15a 6d—l2s 6d;

Mea3 Rasoul V. Rangatahi Putangaroa £5 19a 6d—37s; Maeon, Struthera and Co. Ltd. v. E. A. Guildford, £l4 2a 9d —39s 6d; Green and Colebrook v. Hira Kingi, £BS 9s 9d—2Ba 6d; F. P. Wilkie v. P.. McCarthy, 20s—5s; Morgan v. Riri. 14s Id —18s 6d; Lallaen v.'Riri, £2 13s—23s 6d; Makau v. Riri, £2 Is 6d—l7s 6d; B. Wolff v. A. Robertson, £2 10s; Jf. H. Skelton v. W. Bosswell and W. McAdam, £ll2 3a 6d—£lo 9s 6d; Te Ngohi Tuarau v. Pita Te Kao Kao, £SB 10s fid, counter-claimed £3l Is, judgment £22 17s —£4 7s 6d. Judgment Summonses. —Orders were made in the following cases: —Burlqy v. Thomas Astor, £4 16s 2d, in default five days. F. F. Lipscombe v. Jack Taylor. £4 7s, in default five days. W. B. Black v. Puna, £9 5s 3d, in default ten days; A. F. Howarth v. Jack Taylor, £29 6s 6d, in default thirty days. .