Resident Magistrate’s Court.

Waipawa Mail, Volume XIII, Issue 2501, 4 September 1890, Page 2

Resident Magistrate’s Court.

Wednesday, Sept. 8, 1890. (Before Capt. Preece, R.M., & S. Johnson Esq., J.P.) John Walsh, William Houston, and Thomas Jones were charged with having, on Tuesday last, stolen one bottle of whiskey, the property of Thomas Parkinson. Defendants pleaded not guilty. Thomas Parkinson, sworn, deposed— That he knew the three accused persons, who were in his hotel yesterday at Waipawa. There was a bottle of whiskey in a corner of the shelf inside the bar. Accused had two pints of beer while they were there. Another party paid for the liquor. Had served them with the second pint of beer when he went out to see to some horses. Saw John Walsh going to the corner of the baker’s stable. Left the three defendants in the hotel. On reentering the door, saw William Houston in the act of jumping from behind the counter. Houston then ran outside round the corner. Witness rushed out after him, and asked him what he had got. He said he had nothing. Witness then found a small box emptied, which had been in the till with three, coppers in it. Found it lying underneath the bar as if it had been dropped. A sodawater opener had been in the till as well. Did not miss anything else at the time except the bottle of whiskey. Held Houston by the coat, and said “ You have got the bottle of whiskey.” He said He had not taken it. The bottle of whiskey was returned to him this morning by Mr Loader, covered with horse-dung, and with aome of its contents abstracted. (Bottle produced and identified). Could not swear that it was the same bottle which he had lost, but it strongly resembled It. The whiskey was worth about 5s 6d.

Frederick Loader deposed—That he was a baker, residing in Waipawa, near Parkinson’a Hotel. Saw the accused yesterday. Found th® bottle of whiskey in his stable, and took it to Mr Parkinson. Had no idea who placed it in the stable. Sergt. McArdle deposed that, between 2 p.m. and 3 p.m. yesterday, he was called to go to Mr Parkinson’s. Was still suffering from a blow on the leg, received a short time ago. Went as soon as he could, in plain clothes, and declared himself as a sergeant of police. Mr Parkinson accused Houston with having been behind his bar, and also said that a bottle

of whiskey had been stolen, and accused the three men now before the Court of the theft. They denied the chargee. Honston said he bad no money, “not a dashed rap.” Searched Houston in the bar, in the presence of Parkinson, and found abqut 3d in coppers. The whiskey was not on his person. Witness then went outside and watohod. Observed that; the three men went out of the hotel, Mid went into Mr Loader’s stable, where the whiskey was said to-hare been afterwards -round. They stopped there a considerable time. Their attitude was very defiant, and witness wired to Constable Broanaban to come up. Received the article? produced from Mr Parkinsqn. Cross-examined by thb accused, the sergeant stated they had been two or three minutes in the stable, and he had been unable to arrest them at first,, on account of the pain in his leg. The Court decided to hear the other cases before giving judgment. William Houston, charged with having no visible means of support, pleaded not guilty. To a further charge of resisting the police in the execution of their duty, | he also pleaded not guilty. Sergt. McArdle deposed—Daring some time this man hid partially terrorised the township. He baa his cost off, and was fighting in the streets. He had visited respectable shopkeepers and nsed very bad language. About nine o’clock last night, witness watched the defendants to see if they were going to put up anywhere, or leave the town. They appeared to set the police at defiance. Told Houston about ten o'clock that he mußt arrest him. Houston struck him, and they closed and roiled over. Mr Glass then came and helped witness to take Houston to the lock-up. Edward Newman, draper, deposed— That Houston went into his shop yesterday, and made use of bad language. Asked him to go out of the shop, and as he would not, witness pushed him out. Houston came in again, round the counter and struck at witness. Witness again put | him out. Houston carae in again, round | the other side of the counter, and witness again put him ouL. Thomas Cowper corroborated the evidence of the previous witness. Herbert Glass, grocer’s assistant, gave evidence that Houston had visited him in the shop. Houston spoke to him once or twice, and then struck at him. Beard the police give Houston half an hour last night, about 9 or 10 o’clock, to clear out of the town. A conflict then arose between the sergeant and Houston, and witness helped the sergeant to take Houston to the lock-np. (Accused here interjected the remark, that if be was liable to be locked up in that way, why did they not deal so with all the strikers?) Thomas Jones was then charged with being an idle and disorderly person. Thomas Jooes Was also charged with using obscene language, and with resisting aud assaulting the police, but pleaded that it was necessary, “ in order to make the police let go.” Constable Brosnahau deposed that he was ©n duty at Waipawa last evening. First saw Walsh opposite the Settler’s Hotel, about 8 p.m. Complaints had been made during the day regarding the three accused persons. They were a little worse for drink. About 9 o'clock saw them go to Mr Sheehan’s. They then went a little way off, and sat down on the footpath. When the sergeant came up, there were only Walsh and Jones. Witness asked them what they meant to do. They were still impertinent. The sergeant told them to clear out of the town in half-an-hour. Some time aftewards, found the three accused sitting on the footpath a little lower down the street. They were eating some food. The sergeant spoke again to them, and they tried to laugh the matter off. Witness then charged Walsh and Jones with having no visible means of support, and arrested them. Sergt. McArdle arrested Houston. Jones then struck witness, who had hold of each. Jones struck witness three or four times, and they struggled for some time. Mr John Coe came up, and witness asked him to look after Jones, whilst witness stock to Walsh. Jones, whilst striking witness, made use of certain language (copy handed in). Took Walsh to the lock-up, returned for Jones, and took him there. Found no money on either prisoner. Judgment was reserved till 2 p.m., and the police were instructed to lay another charge against the prisoners for being drunk and disorderly. George Graith, charged with riotous behaviour, was discharged. The following sentences w*r© / inflicted by the Court : —For larceny, Houston was sentenced to 14 days imprisonment with hard labor in Napier gaol, the charges against Jones and Walsh being dismissed. The charges of vagrancy were dismissed, but the Bench held that the police had a right to arrest the prisoners for being riotous whilst drunk. On this charge each would be sentenced to imprisonment with hard labor in Napier gaol for 14 days. The charge of violently resisting and assaulting the police was an offence that the Bench would deal severely with. For this offence Houston would have one month's hard labour ; Thomas Jones, seven days hard labour for assaulting the police, and 14 days for using obscene language. James Murphy, charged with drunkenness, was dismissed with a caution. Symons v. Hiraka Tuhua.—Mr Loe for plaintiff. Mr Loughnan, on behalf of Williams and Loughnan, defendant’s solicitors, asked for an adjournment on the ground that ft material witness, Mr Isaacson of Takapau, was too ill to attend the Court.—Case adjourned, with costs to plaintiff, one witness 17s, and solicitor’s fee £1 Is.

Two cross actions, Limbrick ▼. Gilberd and Gitberd v. Limbrick, were adjourned on the application of Mr Gilberd, of Wood▼file, who wrote that he was unaware of the disarrangement of the railway service in time to attend.