Resident Magistrate's Court.

Marlborough Express, Volume III, Issue 99, 1 February 1868, Page 5

Resident Magistrate's Court.

BLENHEIM Monday, Jan. 27, 1868. [Before S. L. Muller, Esq., R.M.] I’ELONY. Robert Proudfoot was brought up under remand fiom the previous Tuesday on a charge of feloniously stealing 12 bottles of gin j value £6, and 235. from a cash-box, the property of John Jeffries, of Manuka Island The prosecutor deposed that prisoner formerly lived in his service, leaving it on the 22nd tilt., when ho discharged him for drunkenness. He left home on the 15th, and on his return on the 20th ult. he heard some person in the kitchen grumbling to himself “ I’ll shoot the b as soon as he comes in.” He put his horse in the stable, and then returning listened for a few seconds. On going in he found the prisoner by the fire half asleep with a loaded doublebarrelled gun with the caps on, which he removed. He did not leave the prisoner in charge of the place ; he was cook only. He left him two bottles of gin, after which he nailed the case down again. He left him in charge of the accommodation house. There was 38s. 4d. in money in the cashbox. He left this in order that if any travellers came along he could give them change. If mere was wanted he had not authority to take more out; told him distinctly not to take more out. There was another case in the same place in the storeroom, which was unlocked. On my return on the 20th found the prisoner drunk. No one else was present. I recognised the prisoner’s voice. Went in and seized the gun, taking two caps off. It was loaded with ball. Tie got the gun after that and fired one barrel off. He told me so, and said the other would not go off. I fired the other into a post. Am not aware who ho meant when he used the words stated. I let him remain till Saturday morning. He was still very drunk when I went in. My private house is about 600 yards from the accommodation house. I charged him with breaking into the case. On examining the store-room on my return found eight bottles taken out of the case, which had been broken open. On asking him who had done it, he at first denied it and afterwards acknowledged he had done it himself. He said it was nothing, and he would pay for it as he had done at Mr. Saxton’s station further south, where he had acted similarly and nothing further was said about it. When I offered to settle it, he refused, and said I must get it how I could, and he would sue me for his wages. The words only lasted ten minutes. He left on the following Tuesday. I charged him with stealing the things. I locked the till on my return on the Friday, taking the key out. I opened it again on the Tuesday. Did not count it before locking it; but upon afterwards examining it, found 235. short of what I left before leaving home. This was after the prisoner had left. I then put it in as a set-off, but it was too late. He summonsed me for his wages soon after that, when I put it in as a set-off, but it was disallowed because it was late, and because it was a criminal case, and I withdrew it. At the time I would have hushed it up had the money been paid. Last Monday I would have settled it, but he said he would go on as I had commenced it.

By Prisoner: On December 20tli I returned at 6 p m;, and at 8 p.m. I came into your room. You told me there was a letter and 9s. in the cash-box; I took the letter and locked the box up, but did not see the money Ivina on the laker, which was in the middle of the box. jtm not sure that I saw you again till Saturday morning. When you saw me next morning I was carrying two bottles of gin and the unbroached case to my private residence. Wiesenhavern’s man assisted. Did not hear you quarrel with me for doing so. • YoU were half asleep and lying on your,bed at the time. I remember that oh the 18thj-before leaving for toWhj

bringing you a wineglass without a foot to serve travellers coming by. You didn’t tell mo you couldn’t make the bottles run above thirteen glasses, on account of Ball taking such large nips. Told you to charge Is. for pipes, and 6d. a stick for tobacco. Do not know that the children, oi’ the second cook (Mr. Ball) had to ask you for flour, or anything that was required. out. of the store. You had not sole charge of the store. Minchin left on the 19th November, and recommended you in his place. Ho assisted in cooking, and worked outside at anything; he had not charge of the store. You had charge of nothing during my absence but the cash-box and two cases of gin. I missed twelve bottles of gin, and have brought the books. [Prisoner: Then you’ll find it all put down.] I opened the case on the 15th, took one bottle, and gave Minchin and others a nip out of it. Do not remember taking a shilling from you for two nips, aud spitting on it, saying “Eor luck, Bob!” On the the 16th I lay on Ball’s bed, after runningafter a pig with the gun, with a ball in it. I had a nip myself. Took two other bottles after. Did not see one on the shelf, nor Ball lying on the bed. Henry Evans deposed that he was servant to last witness. On 21st December came home with the dray, and saw prisoner, who was not quite sober. He told me there was a row, and they were all going to leave, as there had been some grog made away with. On January Bth, on looking for a turkey’s nest, found a broken bottle of grog, and a pipe of Proudfoot’s. By Bench Did not know who placed it there.

By Prisoner : Bid not find that gin before you left. I said the pipe was like yours ; got four sticks of tobacco from you on the 21st, and had a nip from you brought into my bedroom. You told me you had found it in Ball’s room, or where travellers stay. When I came down, it was the day after him.

By Bench : Both Jeffreys and Proudfoot told me all hands were drunk, meaning Ball and Minchin, who were all the other hands. On the 22nd I conveyed a letter to Sergeant Emerson, bidding him come and take the prisoner into custody. He read part of the letter to me, and said ho thought the best way would be to discharge all hands, and stop the damage out of his pay. Ho would take him in charge if he liked, but it would be on his responsibility. I took this answer back, and don’t remember anything more. John Emerson deposed: I am Senior Sergeant of Police at Blenheim. The last witness came to me three or four weeks ago bringing a letter from prosecutor, complaining of his servants who were all drunk, and named that he had left prisoner in charge of the house, and there was some bottles of gin left in his charge which he could not account for. Eor this reason he had detained him, and would do so until he heard from me. I said he had better stop the pay out of His wages, or else bring him down himself, if he had a criminal case against him. The prisoner, after being duly cautioned, said that Minchin was the book-keeper, and had entered the whole of the grog supplied in the books. He had himself served the'' grog, being in charge of it. He was in a

straight line, and had not taken anything. He was not guilty, and had used the goods by supplying customers. The Bench then committed the prisoner for trial at the next sittings of the District Court, on. March Ist. On the prisoner applying to be admitted to bail, the Bench took time to consider. ASSAULT. ■ Henry Hears was charged with an assault upon George James on the 24th inst., and pleaded not guilty. George James deposed that he kept the Eoyal Hotel. On Friday evening last defendant came and asked if I could let Ewart have a cask of beer* I said yes, and told the servant to get it for him.. He then wished to .know whether I should credit Ewart or the brewer with it,, and I refused to tell him. Had borrowed one from Ewart some time before. Told him I would not recognise him in the matter at all, that I did not know him. Had he been Ewart’s confidential servant would have satisfied him. He then called me a b—- —, said I had insulted him, and challenged me out to fight. I refused to go. •He 'then seized me by the collar* pulled me'out, and fell with me on the gravel, he being-upper-most. Mrs; James prevented him from striking me. By defendant : I was sober. You did say “please.” .You clid’nt ask Charles Tait to take a glass.. .‘I did’nt tlii’o^up, the engine saying there was no beer.in.. Did not say Ewart was not; a or a man or he would, not send you, Did,, not say you were a noted character, .and ought to have been locked up for using bad language; Did not put hands on: you, at all or tear your jacket; .

Frederick Clifton deposed that he rented James’s billiard-room. Saw defendant pull James out of the bar and throw him on tile ground, also using bad language. ThS noise drew me out of the billiard-room. By defendant: Did not hear Mrs. James say she would smash your head with a tumbler. Saw you pull James out by the coat and throw him down. Do not remember saying James was in liquor and you. should not speak to hitii; Was hot tHiffe at the commencement. Charles Tait, a shearer, living in Blenheim, was in company with defendant on Friday night last, and went with. him to James’s, when Mears went -in and I went into the billiard-room. He asked me to take a glass, when all at once James said he had no beer and would not serve us. They then got on- talking about the cask of beer, and I went into the road and began talking to some others outside. They were wrangling when I went out. I saw J ames catchhold of Mears, and Mears caught hold of James ; the latter caught hold first. Did not sec him thrown down. Mas not paying much attention as it was a larking affair. By defendant: You did not make any. noise when you came in. You asked James to leave go of your coat three times. By plaintiff: You commenced to draw the beer and then left off. I went in afterwards and had several glasses. Plaintiff said the last witness sympathised with him about the assault. The witness said he did not say a word to plaintiff that night. Henry Mears said it was himself that was insulted, and ho ought to have taken out the summons. That Ewart being busy sent him to get the cask of beer, and to enquire for him whether he should credit him or the brewer. Plaintiff was jealous of Ewart over his new hotel, and said he was no man or lie would not have sent over a d—d thing like me, and asked what right or authority I had to come there without an older, that it was pretty well known in the place what I was, and that I never came near his house to spend a sixpence, I;was a well-known character, and ought to have been put in prison long ago. I spoke back again rather loud, and asked what call ho had to speak to me like that. He then put his hand on me to turn me out, ; and of course 1 did the same by him, and’: my coat got torn. I asked him to leave go of me three times, and he would not. .1" By plaintiff; I did not insist on know- T ing about the brewer. You pulled me out* ..] Neither party was thrown on the ground; ‘» j The Bench said the evidence was conflicting, and therefore adjourned the case! '] for a week for the production of further evidence. -—— A sJ CIVIL CASES. (Before S. L. Muller, Esq., R.M., and J.-B; j Wemyss, Esq., J.P.) ROBINSON BROS. V C. ELLIOTT; ■ ■■•«* James T. liobinson, wheelwright, Blen- __ heim, appeared to claim the sum of 6 1 5s 3d, due for goods supplied. . J/ugment for plaintiff, with 7s. costs; ■ y t NEW LICENSE. . r Mr. John Ewart applied for a publican’s ' license for his new premises, under theCi,: name of “Ewart’s Hotel.” The usual recognizances were entered into; and the; application was granted. Fee 40/., and costs 7s.