A PUBLIC HOUSE ROW.

Poverty Bay Herald, Volume XIX, Issue 6259, 5 January 1892, Page 2

A PUBLIC HOUSE ROW.

t At the Police Court this morning, before Mr Booth, R.M., two seamen of the barque Waitangi named William McDermott and Kenneth were charged under the Malicious Injuries to Property Act with destroying windows, tumblers, and a chair, valued at L 3, the property of Susan DeCosta, licensee of the Turanganui hotel. Mr L. Rees appeared for the informant, and Mr Jones for the defendants. Susan DeCosta gave evidence that on tho night of the 26th inst. the two accused came . to her hotel and entered the bar parlor, behaving in a riotous manner. They called fop two glasses of beer, and she refused to supply them until they had gone round to the front of the bar. They continued their riotous behavior and used terribly bad language. They jumped over the counter into the front of the bar and she then served them with two glasses of ginger beer or ginger ale, she was not certain which. One man drank hiß beer, and the other threw the contents of his glass into her face and hurled the glass at her, but it missed hitting her. She heard a crash of broken glass, and, as soon as she had wiped the beer from her face, she saw the bar window, looking into the passage, smashed. She screamed out for help, and the men ran away swearing and cursing at a great rate. She was dreadfully terrified, because she was alone in the house, all the members of the family having gone to the theatre. A young man from the barque Halcione came in, and she appealed to him to go and get a policeman. He advised her to close the house lest the men might come back, and she did ao, and soon after there was a crash of glass, another window being broken. Afterwards Constable Brooking arrived, but he did not arrest the men, because lie might not have been able, as they would have killed him. Mr Rees : But could you have identified them ?— Witness : No I was too frightened to have recognised them. Mr Rees : What was the damage they committed.— Witness : I paid LI 11s 6d to Mr Robb for putting in the pane of glass. This glass is thick and expensive. [Witness here produced Mr Robb's bill for LI 11s 6d receipted.] There were a lot of tumblers smashed, -three cut tumblers, which I value at 2s each, and one large tumbler valued at Is. The chair I value at 8s 6d. Its back was broken. There was also damage sustained through loss of trade whilst the house was shut up that night. Cross-examined by Mr Jones, witness said she was positive she paid Mr Robb Ll 11s 6d for the glass, as the receipt would show. She denied that she threw the glass at the men and could not account for their behaviour. She gave them no provocation. The men only gave her two threepenny pieces for the drink, but she did not say anything of that as she was frightened of causing a row. She was quite positive that she was alone in the house. Arthur Teller-field, apprentice on the barque Halcione, gave evidence that he was passing the hotel on the night in question and found Mrs DeCosta, "a bit scared." He heard the sound of breaking glass but did not see the two accused, nor had he spoken to them till that morning. There were present in the house Miss DeCosta and the cook. He was asked to go for a policeman and did so. Captain Sinclair, of the barque Waitangi, said the accused were seamen on his ship and spent a few hours ashore on Boxing night. They went off to the ship at about 1 1 o'clock and when he went to the wharf he found the men waiting for him. One was asleep in the boat and another on the wharf and they were both under the influence of liquor. He heard something about there , having been a rumpus and next morning* Kenneth showed him where he had been cuL with a glass at Madame DeCosta's. He received a note from Rees and Day demanding L 2 for damage done, but the men refused to pay it. The captain gave the men excellent characters. Kenneth shipped in London and was a sobf>r and steady fellow, and McDermott shipped in Auckland and he had not seen him drunk before. The case for the prosecution having closed. Mr Jones said the case was one in which the parties' recollection of what had happened differed, and he had evidence to test the credibility of informant's statements. Mr Robb had happened by chance to be in Court, and he had asked him what amount had been paid for repairing the broken win. dow. He would call— James Robb, who being sworn, stated that he was not paid Ll 11s 6d, the amount mentioned in the bill. Mr Jones : Will you give particulars of what you were paid.— Witness : one glass cost is, and the other 4s 6d. Eleven and sixpence was paid. .Do you expect to get any more ?— No • I got paid exactly what I charged. Mr Rees : Did you make out this bill of yours, Mr Robb ? Witness : Show me. Yes, I expect I did. How is it you only charged 11s 6d. It is Ll 11s 6d there?— Yes, it is. Are all the figures yours ?~No ; you can see that the "Ll " is in a different ink. The " Ll " is not mine.^ M , r Reea : I shall ft sk to recall Madame DeCosta to explain this. Mr Jones : She has been cross-examined on this point, and distinctly said she paid Ll 11s 6d. Mr Rees said that an imputation had been cast on her, and she had the right to explain Mr Jones : She had her chance of explaining before, and it is directly against the rules of evidence to allow a witfieas to explain a thing after having been crossexamined on that point. If you allow her to be recalled Mr Robb will have the right to be recalled, and the thing will go on all clay. The Magistrate said that Mrs DeCosta might explain if she wanted to. Mr Rees said he would not press it. He only wanted the Bench to take notice that the explanation was shut out. The defendants were then allowed to make their statements of what occurred. McDermott said that at a quarter to 10 o'clock they went into Madame DeCosta's house and called for two glasses of beer. They got them and half drank them, when she took them away and told them they had t go away, without giving any reason for doing • so. They asked for their drinks back, and she threw hia mate's drink into his face and hit him in the eyes with her fist. They then cleared out. He did not know of any breaking of windows, tumblers, or chairs. The other man, Kenneth, told a similar tale. Mr Booth, R.M. : The weight of evidence is against you two men. It is proved that you came ashore on that night, and your captain says he heard yon had been to the hotel, and there had been a now, and he found you drunk and took you on board. Now we have the evidence of the apprentice from the Halcione, given unwillingly, and he admits talking with you. He says that there had l>een a row, and that Madame DeCosta was very much scared. He heard a fall of glass, but did not know whether it was a window or not. I have no doubt that the mischief done was done by you, and that you were drunk, and in your excitement have done the damage complained of There's a doubt about the cost of the glassj and I can only give the amount Mr Robb says it cost to put the glass in. The cost of the other things are given, and I don't see any reason to doubt them. I will fine you L 2 each and costs of the damage, Ll 7s, also 16s Court costs. McDermott : I can't pay it. Mr Rees asked that the fine might be made a little less so as to include a solicitor's fee. His Worship amended the fine to Ll each, Ll 7s damages, 16s Court costs, and Ll Is solicitor's fee. Captain Rinclar pai<l the rtnes, »ml the men were liberated.