POLICE COURT.

Poverty Bay Herald, Volume XXVI, Issue 8665, 7 November 1899, Page 2

POLICE COURT.

(Before Mr J. Booth, S.M.) DRUNKENNESS. One first offender was cautioned and discharged. onsTßUcriNo tub police. i A young mi»n named Charles Ronse was charged with having obstructed Sergeant Hlaek whilst in the execution of his duty. The accused pleaded guilty Sergeant | Black stated that he was arresting a in ato i of the accused, when the latter interfered, | ami he had to let go one man to arrest the j other. Accused was under the influence , of drink at the time, He did not wish to ■ press the charge, but only to let the uccused know that be could not interfere i with a police officer when in the execution j of his duty. He would be content if a , nominal penalty were enforced. — His , Worship pointed out to the defendant the serious nature of the chargo, and imposed a tine of 20a, and coats 2s. ALLKHED INDECENT ASSAT7LT. A young Native named Wharcapapa Tawhioa was charged with having on November 2nd at Kaiteratahi, indecently assaullod one Mare Hansen. The complainant, an old woman of 74 years of age, residing at Kaiti, stated that on the day in question she left the Mangatu mail coach near the Kaiteratahi bridge Witness knew tho accused, who came up to her on horsebnek, He got off his horse and offered to carry a parcel which witness had in her hand, but she declined to give it to him. The accused afterwards caught bold of her, and was in the act of assaulting her when Constable Farmer came on the scene. The accused held one hand over her mouth so that she could not cry out. She wns seriously injured by the assault committed on her, and was unable to attend the Court the next day. When the accused saw tho constablo comin? he trot on hia horse ai.d rode away. Tho accused appeared to be under the influence of liquor.— Matthew Rowe, a carter, residing at Ormond, deposed to witnessing the assault. He was driving, and at a distance of half a mile from the accused, when lie saw him f»o up to the complainant and push her into the ditch. He wns in the act of turning his team to go to the assistance of the complainant when he saw Constable Farmer cross the bridge He could not identify the accused as the native he saw upon that day. He believed it was the same horse, but of this he could not be sure.— Constable Farmer, of Ormond, deposed that on tbe 2nd inst. he was at Kaiteratahi. He met the witness Rowe near tho bridge, and he told him that he had seen a Maori throw a woman into the ditch along the road. He galloped in the direction indicated, and saw a Maori pet on his horse and ride away. He could not identify the uccused as the man whom he saw. He went to the compluinant's assistance. Her clothes were covered with mud and her face was scratched. From information received from tho complainant he arrested the accused that evening. It wns after two o'clock that the assault was committed. When ho arrested the accused he explained the nature of the charge to him The accused did not mako any reply.— By tho accused : Ho arrested him in consequence what the complainant told him and as the result of enquiries made along the road. He did not handcuff him, though he would have done so had he not gone quietly. The accused was advised by his people to go quietly. This was the case for the prosecution.—The evidence was then read over to the accused by Captain Ferris, Native interpreter. The former, on being charged, said that he had no'hing to say. He was committed to take his trial at the next criminal sittings of the Supreme Court to be held in Gisborno in February next. ALLEGED THEFT. Robert Carlyle was charged with having on the 2nd November, at Gisborne, attempted to steal from the premises of Messrs Kennedy and Evans, siluato in Gladstone road, 25lbs nails of the value of 6s 3d, the property of the said Kennedy and Evans. Sergeant Black conducted the prosecution, the information having been laid by James Morell, nightwatchman. Mr W. L. Rees appeared for the defendant and pleaded not guilty. Mr Rees : Is it necessary that the accused should go into the dock ? His Worship : He is charged with theft, I cannot treat him in any other way. Mr Rees : I think in a case like this there is a very grave doubt whether the accused should be placed in the dock until he is committed for trial. His Worship : I have nnt heard of such a thing before. It is the usual thing for all persons charged with theft to be placed in the clock. Sergeant Black stated that Mr Evans, the owner of the property, had seen him that morning and told him that Mr Girlyle had seen him that rooming and explained the matter to his satisfaction. Mr Evans did not wish to carry the matter turther. He told Mr Evans that under the circumstances it was his duty to gn into the box and inform the Court accordingly. Mr Evans had suggested that the charge should bo withdrawn. He (Sergeant Black) had informed Mr Evans that lie did not think it would be fair to the party laying the information that the charge should.be withdrawn. If he did not wish to prosecute he should inform the Court so. His Worship : It is an offence against the public, can it be withdrawn on his statement ? Sergeant Black : The statement is this : the accused having known the yard, through working there for so long, merely went there in the morning and helped himself to the nails, and some time during the morning had left a note under the door informing Messrs Kennedy and Evans that he had taken a certain amount of nails. Owing to this explanation, Mr Evanß said that he did not wißh to prosecute. His Worship : If he says that I do not think I should object to it. Mr Rees: I should object to the case being withdrawn on account of the accused. There is no dispute at all about the facts of the case. His Worship said that he would hear evidence. Othello Morell, nightwatchman, deposed that he knew the accused, whom he saw on Thursday morning at 4 o'clock when on duty iv Gladstone Road. Witness saw the accused in Messrs Kennedy and Evans' storeroom. He was emptying nails out of a cask into a sack. Witness asked him what he waß doing with the nails at that time of the morning. The accused replied thar he would make it right with Robb, the foreman of the yard. Witness told him that he could not make it right with Robb at that time of the morning. Witness made him put the nails, about 25lbs, back in the cask. Witness saw him outside of the premises and allowed him to go away. The premises wore under his charge iuring the night. It was his duty to see that the gates wore, locked. At four o'clock that morning the back gate was ' partly open. Witness found accused in a room off the office. When witness went in both doors were open. Witness saw Mr Evnns at six o'clock that morning. It was owing to what transpired at that conversation that witness laid this information. Mr Evans told him distinctly that the accused had no right on ths premises. Mr Rees : Had you not seen accused a few minutes before in the street? Witness : Yes ; I saw him when I was near the hotel in the vicinity. His disappearance made me look round to see where he had gone. The accused also saw me. ■' Mr Rees : It was quite light at the time ? Witness : Yes, half an hour previously. Robert Robb, a carpenter, engaged at Messrs Kennedy and Evans', deposed that he acted as foreman. The premises were left fastened the previous evening, all being locked except the nail room, which was on the latch. Witness had never given the accused permission to take nails from the store. He was early at work on the morning of the 2nd. There was a note left under the door addressed to Messrs Kennedy and Evans and witness. It stated that he had taken about twenty lbs of nails, and asked for them to be charged' to him. The accused came during the day and got the nails. Witness tore the notn up when he received it. He afterwards informed Mr Evans of the occurrence. Mr Evans to»s not satisfied with regard to the way in which the nails had been taken. In answer to Mr Rees, witness said that in some cases goods had been got from the store by arrangemeut in a somewhat similar manner, but never at so early an hour. By the Bench : Mr Carlyle was his predecessor at the yard and might have known that timber and other material were ofton I put out the night before and left for customers to take away in the morning before eight o'clock. t John Thomas Evans, a member of the firm of Messrs Kennedy and Evans, stated that he knew the accused. The latter had not permission from him to go to the yard and take nails under the circumstances related. His foreman had not authority to give goods in this way, but arrangements were Borne times made to supply country orders by leaving tho goods handy so that they could be procured. The accused had seen him, and given an explanation of the matter, and he war satisfied to receive it as an explanation. It ,

was out of his hands, and he had nothing further to Bay or do in the matter. When Morell spoke to him he told him that, being a special constable, he would not interfere, but ho must do his duty. Witness had waited upon the police regarding the case before he had an explanation from the accused. He told Sergrant Black that personally he preferred that the case should be withdrawn. By Mr Reea : Ho saw Mr Robb at about 6 o'clock. Mr Morell had previously called upon him. He learned when he arrived at the office that Carlylo had taken the nails and left the note. This was after he saw Morell. He believed Carlyle waa an early worker. To the Beuch : He had never heard of things being taken away at such an early hour in the morning. It wa3 only in the evenings and on half-holidays that it was customary for customers to take things put aside for them. He would not recognise anyone's right to open the gates and go into the store for goods. The Magistrate : Are you satisfied with the explanation he gave ? • Witness : I am satisfied to receive it. Are you satisfied With the innocence of his actioi) ? — That I cannot say. Witness, continuing, aaid that if nothing further had been done he would nofc have troubled himself in the matter. The case for the prosecution being closed Mr Rees said that with regard to the facts of the case there was no dispute. On the preceding night the accused ran short of nails and being desirous of continuing his work early that morning had gone to Messrs Kennedy and Evans 1 yard. No one was up at that hour in the morning and the accused took it upon himself to get the nails, at the time putting a note under the door informing Messrs Kennedy and Evans what he was doing. He had previously seen Morell in the street and nodded to him. When in the act of weighing the nails Morell came into the room and demanded his right to be there at that time in the morning. He told Morell that he did not want to lose four hours' work and for that reason had come to the room for nails. He also told Morrell that the matter would be made all right with Robb. The note left by the accused stated that he hoped they would not be offended by his coming early in the morning to take the nails. The accused had no right or authority to be on the premises. There uaa, however, no criminal intent in his action. It was certainly a very unwise and foolish thing to do, especially for a man in Carlyle's position. He was a man occupying a decent, respectable position in the place and had the reputation of being sober and thrifty. It was hardly likely that he would go in the presence of the watchman to steal 6s worth of nails. His Worship : It is an extraordinary thing that he did not call Morell's attention to the note under the door. Mr Rees : His explanation is that he was angry with Morell for interfering with him, and causing him to lose four hours' work. His Worship ! The case might have been more serious. The police have made the charge as light as they can. Robert Carlyle, carpenter, living at Whataupoko, deposed that ho was working at the Point on Monday and Tuesday. He had purchased an allotment at the recent land sale, and was building a house. He started work at from a quarter to four to a quarter past four every morning. On Monday evening he found that he was short of nails, and the shed he had put up being rickety and a heavy wind blowing, on Tuesday morning he took a sack off the timber and vent to Mews Kennedy and Evans's. Prior to reaching the yard he saw Morell, the nightwatchman, and nodded to him. The gate was unbarred, and he went into the yard, and found that the door of the nail room wus open. He took one of Messrs Kennedy and Evans's bill forms from his pocket and wrote on it : " Messrs Kennedy and Evans," and be thought he wrote Mr Robb's name, "I was here this morning and took 20lbB of nails. Please order me two single sashrs, t*o 4 x 4ft 6in. I hope I have given no offence." He thought he put that, and then he signed his name in full at the bottom of it. He pushed it under the outside office door. Ho went in and was emptying some nails from a keg into a sack when Morell came in. He told Morell that ho would make it right with Robb. When Morell objscted to him taking the nails he put them back in the barrel. Witness went down to the yard again at about half-past eight, and saw Robb. The latter said that it was all right, he got the memo, under the door. He had no other object in going to the store but to get the nails. He made no secret of it. If he had intended to steal it was not likely he would have taken them with the nightwatchman looking on. When Morell interfered he told him that if he objected he would put them back again. His Worship : How did you weigh the nails ? Witness : I had them in a bag and was weighing them when Morell came. His Worship : How could you say in the note that you had taken 201bs. Witness : I had them on the scales and the weight was 151bs. I intended making them up to the proper weight when Morell came in. He objeoted, and I put them back in the cask. We came out of tbe store together and walked down the road to the firebell, where we parted. His Worship : It was a serious responsibility to take on yourself. An information might have beej laid against you for being illegally on premises, breaking and catering, and other serious charges. From what I can gather from Mr Evans he does not want to press the matter. I am inclined therefore to give the benefit of tbe doubt to the accused that he had no criminalintent in taking the nails. If, as pointed out, it was through pressure of time that caused him to do this act, it was certainly very foolish, and might have brought upon him serious consequences. It was a most foolish thing for a respectable man to go and take the things without any authority whatever. I shall give him the benefit of the doubt, and that there was no criminal intent shown, and shall therefore allow the information to he dismissed. Accused : Your Worship do I leave this Court without a stain on my character? His Worship: I am not going to say that. I|give you the benefit of the doubt and dismiss the information.