RESIDENT MAGISTRATE'S COURT.

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

RESIDENT MAGISTRATE'S COURT.

(Before Captain Gudgeon, R.M.) Chabob for Riot. The charge against Mr. E. ff. Ward, junr., and others, was proceeding when we went to press last evening, and the following additional evidence was taken : William Coppel, deposed : I am engaged to act . as Gruher's bailiff. I remember being employed by Gruner on Friday week, to go and take possession at Flextnan's. I received the documents produced, and went to Flexraail's house. £ saw Dwyer and olie cook there, and a quarter of an hour afterwards I saw Mr. Flexman. I told dm that I had come to take possession of his property, and , Had is writ from ..ho Supreme Court, and produced the .varraut and writ. He said he did not •vant to look at them, that I was not to =«ay anything =to Dwyer, and 'that' the '■ property waa r settled: .. o,n. y h^wif e i a,nd •'umily. I did not say anything to DWyer. I said to Flexinan, "There is a horse, saddle, and bridle here that I must seize. " This is the'horse'ne 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 tie brought it. back. Miv Flexman said ;ie was going to" see Ward; fie hanked me, and went away. I was perfectly sober at that time, and had not beeu drinking for -some days previously. On the Friday night I had a of whiskey, and another on Saturday night, given me by Mr. Flexman. I jtoppod there on Friday and Saturday m possession. I took .an inventory and those things that are m it I seized, <(»ra© of them being m the house and some outsider. It •included the horse. I stayed there on Friday and Saturday. Ob Saturday I remember Mr; Flexman coming home about 5 o'clock * He did not st-iy all /the evening. After tea he appeared to be hanging about the place, md troubled m his mind.- There was aome mention made of a deed .by him. He 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 coo-ec outside, this must have been about 7 o'clock, and heard the ! name of Coppell called. Dwyer and Cecil Ward went out to see who it was that coo-eed. Dwyer said " they want to see Coppell, they won't come inside. " I thought that looked rather crooked, \ -md said " 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. He came m and asked me to follow him into the room with Mr. Flexman. I told him he " was up to his playful little^ •tames and it wouldn't wash,'! — Ho pro^ dnc&d a deed and Pdftdfloniething of it. J s»id it did not matter. Neither of them questioned my authority. I had at that rime 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." This was on Saturday. On Sunday m consequence of Mr. Ward being there, and as I believed to try and get. me oufc, I got up early that *-•• '^s for foe purpose of going to the water-closet m order that I might remain, m; the house the whole of that day.. About' 7 o'clock Flexman: came to where I was sleeping, and said he was going. to have some whiskey, and foould .i join them. „ I thanked' him kindly,, and said I would, and then got up : and' followed him into the kitchen. I "saw a ! V[lass on the table i which' Isuppbsed['contained whiskey, also sugar and 1 a Bpoon. Flexman B*icl .'*' no. that ifris not yours — this is yours." He handed me a Btnall 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 1 1 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. :v i Captain Gudgeon said he would not be .justified m shutting out any evidence, as he did not know what they would leadjuptoit. / '< ' /' 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, "ghat's rank poison, and just tastes like Cayenne pepper. Dwyer said, we haven't got any cayenne pepper m the house. I felt all-so queer— andT went to lay down where I -was sleeping' all night. Breakfast was on the table, but I could not take it. I asked Flexman where he got the liquor ' from. After I had been lying down sometime Dwyer asked me if I would 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. 0. 1 was vomittirig 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 nfbrning ■ I had not, to my knowledge, taken anything to work that effect on m€: When' I went to the house I saw Mir; Flexman smiling through the window. ; He said "William, I am obliged to pursue 'Hub course. ' I am acting under the instruction of Mr. Ward." I said "By God,' Flexman you' have drugged me, and you have no authority {to lock me out when I went to the rear." I tried alii round the house to get m, but. the doors we're 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.j Mr. J. Henderson; leading the horse I had seized. Henderson put, the horse m the shed. I took the horse arid put it m a hut, and put the saddle and bridle away among the other goods. , Prior, to to this Mr. Ward, senr., Cecil Ward, Mr. Flexman, and Finch, attempted to take the horse from me, but they did not succeed. I, after this, ; with Hugh Mullen, took some other goods mentioned m the schedule out of a whare? and put them m the sledge-house. A reinforcement appeared to be coming, up, as 1 imagined to; protect Mr. Flexmah's interests. Flexman, Wat;d., senr., Cecil Ward, Finch and Dwyer were - there .,- at this ,- time. I then came- into town' at 3 'o'clock* and took back with me Hull. . We got back. between 5 and 6, and on arriving I found the horse gone. I sent Mullen 4n for reinforcements from Gruner. I was determined to get i$ if 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 my way m if 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 waEL^xpming 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 open, and Dwyer Standing there. He had some weapon m his hand, and dared any one' to pass him" by. I did not try it, so I . went round the other way. I saw, Mr. Cecil Ward afteY'this, and I pushed him over after we had ! a few words,' aiid he cried' out for help. . Shortly after this Robinson and'Pritchard came up. ' I then went round to the hut and found 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 acart which 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 <sart and harness. They were taking it away illegally. They ; merely laughed at me and went on with their operations. . ByO.binson 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 & 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 cattout 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 oh horseback and they were going to seize me, and I told them to be caref uL 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 brpught 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 put of my possession. I tried tp get into : the house on Sunday. I was sober all Sunday. Not to my knowledge did I make \»ae 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 in~ 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—-' 1 I mean whatever was m it. T 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 bouse. I did not

jostle Mr. Ward, as I consider him 100 ■i^&ii 1 di , d not Ba y " if y° u Btrf ke <ne, I'll knock your b — <~ — brains out. 1 I tofd him if he struck me I would jfttrike him. The bottle business happened ifbout'daEk, ima I was not particularly frightened as I had another man alongside of me. Mr. TWard has " damned " me. This was when lie took the boat from me, arid I spoke to him about it. When I came up Mr. Ward put up his hand and, told me he t would hay e nothing T to-do wittimej because I "followed him up m order to^ get irttq 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 Flexmah's. When I went to town at 2.30 I left Mullen there with the warrant. When t returned I did f n6V hear that -they had done 'any violence/ to (him. He said Mr. Ward had. taken it&e cart^ by violence,* saying it-was his. Mullen was excited, bat did: hot appear to be afraid. I took the inventory partly on Friday and, partly on Saturday. I put some ducks that were there into a,henhouse. •' I attempted to twist the ducks wings. I tried to tie them with flax, Robinson was on the -premises over half-, an-hour. He brought a horse over with him. * He did-not shew signs 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 m, we followed them. ..This happened at the residence of Mr: 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. Daly . got there about 9 at night. After I had been |hrown off; the verandah, I Saw none of the defendants struck . by my men. When we were trying our best to get inside one of our men was struck, but we cannot say who it was. This thing was going on the whole day. I was not afraid of Cecil Ward. He was more of . a match for me. It was notin con? sequence of my misoonduci that' I was 1 .turned off the premises. J flaid the information because I consider I had a •right to do so. I am, not paying the, costs of the prosecution. I will have to if somebody else does hot. I laid the information as I understood Mr. Bees was going to t&ke the case up. Mr Regan, I heard, was acting. for the execution of the debt. As far -W I tab personally concerned t have no interest; m the prosecution, but feel father tiled at the affair.

This DAY.' . By Mr. Bromfield. lam usually engaged as a bailiff; previously I was a waiter. I knew it was my business to produce and- read the warrant, tfhich f did. I read the warrant m the house.' It was then daylight, I told him at whose suit the writ was issued. He said the property was settled on his wife and children. Dwyer was m the kitchen when the interesting conversatibn took place. It was so low that Dwyer ' did not hear it. I was a quarter of an hour at the house before Flexnian I came up. He came up to the r houie, |. mounted and got off, and led Ahe horse up. Flexman did hot tellr me the horse belonged to Ward; ; He said nothing about the ownership of the horse. Flexman came home late on Friday ; he. appeared to-be awfully, screwd. X slept there on Friday and toot the inventory partly on Friday . ajid 6$ '&tix&K** Dwyer never proved himself to be' tn obstacle. ; None of the, bed-room, doont were looked. Mr. Flexmah treated^ with a great amount of consideration. I was m the Court last week on ft ohanre of misusing language. laawMK Wjtfii handing Flexman a deed. l Ho . »xpkljt. Ed that a number of firtiqles enumerated by him were m the deed, I did npt drink any water there ; I had tea. I was well treated.- ' I generally eat a good breakfast. . That Sunday morning all I could eat was an. egg. I did hot see Flexman nailing up the windows. I did not leave anybody m possession .when Ifwent,to Grunner. ,r stopped' at .'the Settlera' Hotel as I was going WCtiufher's/ and had brandy and peppermint. 1 called m at Joyce's but had nothing, il and Mullen then went upland m going called m at Dickaon's/ I took 2a worth of brandy, and I might have had something m the house. I attived at Flexman?s at 12 o'clock that day. I saw Mr, Ward, senr. , there. He had the horse. I seized; He had a gun m his hand, I did-not say "you're, a b— — rouge for taking that gun." On Sunday afternoon' trouble ensued. Flexman might have . said 1 ( ' now Cbppel, don't use' bad language." ■ On Friday last, when I was m the Court, my counsel, Mr. ftees, admitted that I used it. Flexman did not strike me, but held up his whip m a threatening manner. I had a bottle m my hand when trying to get into the door, and said " I will strike*" any one that strikes me" I did not leave . a written authority for Mullen when I left. He did hot get any written authority from Gruher. On Sunday afternoon, after I saw Grunar, I tarent to Joyce's and bought another; two shillings worth of brandy.., We then ■ went to Grunefs. and proceeded from there to Flexman { s. I had no written authority for ■• Hull' tp go there. I got to the Waikanae late that evening,, and left Mullen there with the writ when I was away. I doh't remember saying that I Wduld get into the house by night or burn it down!. I djd bet that^ would get into the house that night.* I saw one of the party strike Hull. Hull had a stick m his hand. I did eot see Flexman strike anybody. I know Flexman's voice, and t am certain that it was him that shouted, \"Npw then, boys." I showed my rtuthwityito Mr. Waro, junr., about 12 a^ night.

[Left sitting].