RESIDENT MAGISTRATE'S COURT.

Poverty Bay Herald, Volume VI, Issue 908, 30 September 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before Captain Gudgeon, 8.M.) < - ' ■ ' ,U ' l - ~^' • <'" ; * l ■ Charge for Riot. The charge against Mr. E. ff. Ward, junr., and others, was proceeding when we went to press last evening, and the loliowing additional evidence was taken : William Coppel, deposed : I am ■>iig<igtid to act as< Gruner'a bailiff. I i-emeinber beiug employed by Gruner on Friday week, to go and take possession ab Flexman's. I received the documents produced, and went to Flexirian's house, f'saw Dwyer and the cook there, and a quarter of an hoar afterwards I saw Mr. Flexman. t told aim that I had comer to take possession of" his property,' and -had? a writ frbm the Supreme Gourtyi and produced the warrant and writ. He said he did not want to look. at them, that I was not to aay any thing s to * Dwyer, aiid> that th* property was\settled on his wife, and family. I 3id not s%y. anything to Dwyer. I said W Flexman, " There is a horse, saddle, and bridle here that I must seize. " This is the horse he'usually rides to town. I told him if he wanted to have, any business with Mr. Ward m town I would let him have it, provided he brought it back.. Mr, Flexman said lie' was going to see Mr. Ward.^ He r.hanked me, and went away. I was perfectly sober at that time, and had not been drinking for some days previously. On the Friday night' I had a .{lass of whiskey, and another on Saturday night, given me by Mr. Flexman. I stoppod thereon Friday and Saturday m possession. I took an inventory and those things that are m it I seized, some of them being m the house and some outside. It included the horse. I stayed 1 there on Friday and Saturday. Qn Saturday I remem,ber Mr. ; Flexman. coming home about 5 o'clock ' " He" did not stay all the evening. After tea he appeared to be hanging about the place, and tniubled m his mind. There' was some mention made of a deed by him. Be asked me if Mr. Ward had arrived, and I said no. He said, it was strange as he promised to meet him there, and that Mr. Ward was coming up with deeds and papers to settle the affair. Cecil Ward arrived there some time after tea, followed by Mr. Flexman. I heard a 000-ee outside, this must have been about 7 o'clock, and heard the •tarae of Coppell called. Dwyer and Cecil Ward went out to see who it was I that coo-eed. Dwyer said " they want to see Ooppell, they won't come inside." I thought that looked rather crooked, uid«aid " no, they had better come and see me. " There was still no appearance of anybody. It was very dark. After a short time Mr. E. ff. Ward, junior, made his appearance at the door-way, lie came m and asked me to follow him into the ro<un with Mr. Flexman. I told him he "was up to his playful little uamos and it wouldn't wash,! 1 He produced a deed and read something of it. J *aid it did not matter. Neither of them questioned my authority. I had at that time the warrant m my possession. Mr Ward gave the deed to Mr. Flexman saying to him " I give you the deed, but it is hardly necessary as you have always been m possession." Thi3 was on Saturday. On Sunday m consequence of Mr. Ward being there, and as I believed to try and get me out, I got up early that morning for the purpose of going to the water-closet m order that I might remain m the house the whole of that day. About 7 o'clook Flexman came to where I was sleeping, and said he was going to have some whiskey, and would 1 join them. I thanked him kindly, and said I would, and then got up and followed him into the kitchen. I saw a glass on the table which I supposed contained whiskey, also sugar and: a spoon. Flexman said "no that it is not yours — this is yours." He handed me a small child's mug with what appeared to be sugar at the bottom, and what I take to be whiskey. He said he was going to have his hot, "would I have mine hot. I said "Yes." At this stage Mr. Brassey objected to the nature of this, evidence. It was simply made to cast an imputation on the defendants. Mr. Bees insisted upon the evidence

being submitted as showing the evident determination of the defendants. ~ Captain Gudgeon said he would not be justified m shutting out any evidence," as he did not know what they would lead up to it ' % Examination continued ; I had the - whiskey and drank, it. After I drank it, I felt my throat to be on fire, and I said" to Dwyer, " that's rank poison, and just'taste§ like cayenne pepper. Dwyer -said, we haven't got any cayenne pepper m the house. I felt all-so queer — and went to lay down where I was sleeping all night Breakfast was on the table, but I could hot take it I asked Flexman where he got the liquor from. After I had been lying down sometime i Dwyer asked me if I would j have a cup of tea, as it might do me good. I had some— l had to run for it, straight away. When I went to the W. C. I was yomitting also, and felt very bad. While there 1 heard them nailing, up the house. I could not get up to stop them. 'From the Friday : morning ;Ihad hot, to my knowledge, taken anything to' work that effect on me. When I went to the house Isa nr Mr. Flexman smiling through the window. He said " WUharn, lam obliged to pursue 'this course. lam acting under the instruction of Mr. Ward. "I said « « By God, Flexman you have drugged me, and you have no authority Jto lock me out when I went to the rear." ; I tried all round the house .to get m, but the doors were locked and windows fastened. I came into town to see Grunner, and from his instructions I engaged another man. When I returned I saw Mr. Ward, senr., Mr. J. Henderson, leading the horse I had seized. Henderson put the horse m the shed. I took the horse and put. it m a hut, and put the saddle and bridle away among, the other goods. Prior, ton to this Mr. Ward, senr., Ceoil Ward, Mr. Flexman, and Finch, attempted to take the horse from me, but they did not succeed.'^ I, after .this, . with. Hugh Mullen, topk some other goods mentioned m the schedule out of a whare, and put them .m , the sledge-house. A reinforcement appeared to becoming up, as 1 imagined to protect Mr. Flexman's interests. Flexman, Ward, senr., Cecil Ward, Finch and Dwyer were * there at this time. I then came into town at 3 o'clock and jtook back with me Hull. We got. back between 5 and 6, and on arriving I found the horse gone. I sent Mullen iri for reinforcements from Gruner. I was determined to get mif I could. ■ Ward* and I had some friendly, words. I had a bottle m my hand, and said I would protect myself stoutly. Flexman' and Ward went round to the verandah door, and I followed them with the intention \ of pushing ray way mif they got m. I was pushed off the verandah by Mr. Ward, junior.- I had the bottle still m; my hand, and I jumped up again on the verandah, and sang out for help. I thought -Hull was. coming up to, my assistance, when down I went again. This was done by Cecil Ward. I was pushed by. him. They all went into the house. I rushed up to the door,; which was opett, and Dwyer standing there. He had some weapon m his hand, and dared any one to pass him by. I did not try y it, so I went round the other Way. I saw Mr*. Cecil Ward after this, and P pushed hinWver after we had a few words, and he cried out for help. Shortly after thiß Robinson and: Pritchard came up. I then went round to 4he : hut and founoV 'the saddle' gone. These men and Cecil Ward took .some harness that I had seized, put it on a horse, and harnessed it up to a cart whic.li was also seized. They took a bag of bread. I heard some one say take this bag of bread; 1 attempted to resist taking the cart and harness. They were taking it away illegally. They merely laughed at me and went on with their operations. Robinson said he had got; instruction from Mr. Ward to take the harness and cart, as they wanted to use them next morning. I told them I had, seized them, and warned them not to take them, Shortly after this Hughy Mullen came back from Mr. Gruner. ■ Messrs. Flexman and Ward asked the names of all the men who. were on the ground on my side. I told them .not *to give their names. The two new men Mullen brought up appeared to be so frightened that they ran away. Shortly after we followed Messrs. Flexman, Ward, Clark, and Daly, who were at the door. We made a rush anticipating the opening of the door, when Hull got a hit on the head with a stick. . Mullen got a push by Mr. Ward, and I got a cannon off Mullen, and fell down on my spine. I came into town again to see Mr. Gruner. From instructions received by Gruner I took a cait out by Brookes to secure the goods before they were taken away. When we went out all the defendants came out of the house. Mr. Ward asked me my authority for being on the premises. I produced the writ, but did not produce others, not thinking I was bound to do so. Mr. Ward appealed to Mr. Flexman to order us off, and added words to the effect that if we did not go peaceably they would make us go off by violence. We did not .go quietly. Seeing that we were out-numbered Mr. Flexman said "Now, then my boys, lets clear them off." A party got hold of Hull, and some took hold of Mullen and pushed them out into the main road. , 1 was. on horseback and they were going to seize me, and I told them to be careful. . I believe it was Daly that took my horse by the bridle and led him on to the road. We all then came into town. I believe if we had not come away violence would have been used. I would not stop there for all it was worth. I had executed the warrant, but brought it back owing to .being put out , By Mr. Brassey : At that time I was much, afraid. It was while on the premises that I was m a state of terror. I executed the warrant on a Friday. I never considered the goods out of my possession. I tried to get into the house on Sunday. I was sober all Sunday. Not to my knowledge did I make use of disgusting language. I might have done so, as I was excited. I don't remember saying to him " you're : a b—±~— cypher." I misbehaved myself on the verandah m consequence I believe of what I had been given by Mr. Flexman. This was m the evening. I had not seen a constable there. I went to Gisborne three times during the day/ I took the whiskey at 7.30. It was operating from that time to 10 at night— I mean whatever Waß m it.' I did not deliberately misbehave myself. The black wine bottle produced I had during the day. I did not get ' whiskey -"m it from some public house. I did not

jostle Mr. as I consider hWioo d # not ** "« you sfeke me, 1 11 knock your|) brains out' I told niitt:^f lu^struck me I would strike him. The bjSttle business happened about daTkj aßfiri was nofc particularly frightened as I had another man alongside of me. Mr. Ward has " damned " me. This was when he took the boat from me, and I spoke to him about it. When I came up Mr. Ward put up bis -hand, and told, me he would^ha^ejiothing^. to do with me, because I followed him up m order 'to. get intp the house/ I went twice for reinforcements. I did not bring 3 men on horseback. I seized the cart, but I can't swear that it was Flexman's. When I went to. 'town at--2.301 left Mullen there with the warrant When I returned I did not hear that they had done any violence to him. He.said Mr. Ward had fokett? tfte toart ' by violence, saying it was his. Mullen was excited, but did hot appear to be * afraid. I took the inventory partly on Friday and partly on Saturday. I put some dudks that were there into a hen-. , house. I attempted to twist the duoka wings. -I tried to tie themiwith flax. , Robinson was on the premises over half* an-hour. He brought a horse over with him. He, did not shew siggfs or "gestures of violence, ;/ but said he was employed by Mr. Ward* . They did not take any . steps to put us off until the last Every time they tried to get iri, we followed them. This happened at the residence of Mrl' Flexman,' Waikanae. Mr. : Dwyer is a servant ; he was there on Friday. Dwyer did at one time take an active part m it ; that was When I tried to get m at the front door. Clark and Paly . got . there about. 9 at night After I Had been thrown off the verandah, I saw; none of the ; defendants struck by myinen. .When we, were trying our beßt to .get inside one of our men was struck, rat we cannot say who it was. This thing was going on the whole day. I was 'not afraid of Cecil Ward. He was mote of a match for me. It was not m. ,consequence of my misconduct that I Was' turned off the premises, h latdr the'information because I consider I luid a right to do bo. lam not payiogithej costs of the proseoution. I will have to if somebody else does hot I c laid'the information as I understood Mr. Rear was going to take the oasei upi[ W& Rogan, I heard, was aoting- fpr execution of the debt. As for 'fo^l 'aia> j personally concerned I 'have no uaiferesjSr m the prosecution; but feel rather rilM at the affair. . ;. .' ..«>: