Charges against the Carterton Constable.

Wairarapa Standard, Volume XIX, Issue 1813, 29 March 1886, Page 2

Charges against the Carterton Constable.

Mr Mratfoid. H.M., sal on Saturday raoniinfr nt the Courthouse, Carterton, to hold an inquiry into certain charges brought by a man named Fraser, iu the meantime a schoolmaster at Belvedere, near Carterton, against Constable Hubert Darby, the officer in charge of the Carterton District. It appears that some time ago the informant Fraser lodged with the Commissioner of Police at Wellington some grave charges of neglect of duty by Constable Darby and asked for au inquiry. 1 lie charges were laid in accordance with the Armed Constabulary Act aud were to tire effect that the Constable Darby allowed the Marquis of Normauby Hotel to remain opened after hours. That tiro Constable had taken liquor in the aforesaid Hotel after the closing time, and that the Constable had refused to take the landlord into custody when called upon by the complainant Fraser, who it was alleged had been assaulted by Mr Buckeridge (the landlord) There were also charges of neglecting to suppress gambling in the house Ac., on several occasions, and other charges of a general character, which were withdrawn. Mr Gully conducted the case for the informer Fraser, and Mr Beard appeared for Constable Darby. Serjeant Price, of Masterton, represented the Police Department. Mr Gully addressed the Bench on behalf of his client and called

John Marchaut Fraser, who upon his oath stated that he was a schoolmaster at present in charge of the Belvedere school ; knew the Marquis of Normauby Hotel, at Carterton— Knew Constable Darby —recollected being in the Marquis on the night of 4th November (Siiow day). Saw Constable Darby in the billiard room of the hotel on that night between a quarter to 11 and 11 o’clock. The constable arrived at that time, and seeing the billiard room open and a game of pool being played he ordered it to be stopped. The game was stopped accordingly ; did not see Darby go out. Saw bim go into a room ; saw him no more that night. There were about 30 people in the house besides the actual occupants ; the bar was not closed ; the constable must have seen from the billiard room that the bar was open ; left the hotel about 11. There were a great number of strangers in Carterton that night. Recollect on or about the Kith October ; have since asceitained the exact date through persons who were then present. Saw Constable Darby there that night about quarter past 10. Ho came into one of the private rooms of the hotel ; should say front door of the hotel was closed, but not the side door, but could not positively say. Constable Darby said, " Good evening, gentlemen.” Mr heed was present, and asked the constable to have a drink; the constable said be would rather not, but ultimately consented to drink. The constable was not iu the room five minutes altogether ; the bar must have been open, or drink could not have been obtained ; cpuld not swear that the bar was then open. On December stb, 1885, was in the hotel ; there was some disturbance between the landlord and myself, Mr Buckeridge spoke to me about a wager ; lie called me a b liar, and struck nt me, I backed out of the passage into the kitchen, and came down with a run.

The Bench to witness : Do you know whut coming down with a ruu means. I do, bat I would like to know if you do.

Witness (resuming) ; Buckeridge rushed at -mo, and said he would kick me in the ribs if I did not got up. I got up from the floor and saw Constable Darby standing in the doorway. I think ho saw Buckeridge lay hands on me; I did not see the constable before I rose. I said I wished proceedings to bn taken against Buckeridge for assaulting me ; Constable said I must go to Fieeth ; lie (the Constable) also told me it served mo right, and if he was Buckeridge be would kick mo out of his house, Buckeridge made another rush at me and jostled me out of the passage, Constable Darby being then present, I then left the house. I was not present when dice were used. With regard to the fourth charge about dice I know nothing personally and cannot speak as to facts brought forward in that charge. As to the Calcutta sweeps referred to in the fifth charge referring to races held on 23rd Nov., 1885, and Ulth Feb., 1886,1 am aware that it was generally known in Carterton that sweeps were to he drawn on these events the night before the meetings, I was present when the sweeps were drawn on 20tb and 21st Nov, after the hours for closing. Duiing the drawing for sweeps on the 20th a knock came to the end door of the hotel. We were in a room next to the end door. The landlord went to see who sought admission, opened tho door loading into the passage, and admitted some person. I recognised the voice of Constable Darby. He did not come into the room where the drawing was proceeding. 1 should say that that was after 11 o’clock. Was also piesent at the second drawing. Saw the constable then in tho house about closiug time, Mr Gully explained to-tbe Bench that the prosecution wished to show that it was the constable’s duty to prevent and not to cure any breaches of the law. Examination by Mr Gully continued—On Feb. 18 I was in the hotel when sweeps were drawn, but not actually in the room. The bar was opened after hours that night. I was in the hotel twice on that night, and bad a drink on each occasion—between 10.30 and 12 o’clock, I could see tho light in the bar from outside the house from the street. I saw Constable Darby standing at the entrance to the sideway, conversing with someone. Did not speak to the constable on that occasion. Cross examined by Mr Beard—l did not make a complaint to the constable at that time. Made the only complaint to the Commissioner of Police, A intention as to motives having been put, Mr Gully appealed to the Bench. Mr Stratford said that Fraser must be influenced by vindictive motives to attempt to injure the constable; but he (Mr Stratford) was not there to enquire into any motms that may have prompted the information—ho sat there to enquire into charges of alleged neglect of duly by Constable Darby. Cross-examination continued —lhave made complaints to Constable Darby but not of him before the present action. On the dlh November, at night, I was at the Marquis of Normanhy Hotel; I went about 5 in the afternoon and remained there until 11 at night. Constables Darby mid Ecclelon did not come to tho hotel during that limn to my knowledge. Constable Darby came alone ; when Darby stopped the billiards he remarked that there was no extension of license. I swear that this was between a quarter to 11 and 1L o'clock, I did not ask for a pack of cavda, hut another person did. Tho bar was opouel when the Constable came in at quarter to 11. Some of those present were lodgers aud vi.-itors, Darby must have seen tho bar open from the billiard room. The last time I was in the Marquis was on the 18th February. I remember the night of October 16th, I was at one time not possitivo as to the date, but I used reliable moans to get the accurate date, it gas on or about October 16th. Messrs Seed, fc'niith of the United Imporlois C mp.my and myself were in a private room when the Constable came in, Constable Darby took out his watch and referred to the time, either .Mrs Buckeridge or Miss Hudson brought the liquors. After the Constable had taken the liquor I made the remark that it was a nastv pill ior the Constable to swallow liquor after hours. Mr beed who paid for the liquor said the Constable could not refuse to drink with him, I did not look at my watch when Mr Buckeridge hunted me out of the hotel, hut just before I ami others had a drink at the bat and the deck stood at 10 30. This was on sth December ; the scrimmage must have occurred at 10 30. I knew that Arm strong, "'ho was with mo, could not leave bis work before 10 ; that is how I fixed the time. Messrs Deller and Bennett were not present. Mr Buckeridge has never complained to me of my behaviour toward bis barmaids U is | not a fact that i locked a girl in one of the rooms with me. Mr Gully objected. Mr Buckeridge did not strike mo but struck at me. Constable Darby must have heard the language used by I

Mr Buckeridge lownrl me. I did not Ret under the kitchen table. I wrote a note to Mr Buckeridge, tel lint; him if he could bring proof, I would admit the justice of his actions. Messrs Armstrong, Buckeridge and Lawrence prepared an apology to send tomv. hut Mr Gardener told me it was only a slender affair, and warned me to reject it Mr Buckeridge did not send any apo’ogy. Remember the night of 20th November ; recognised the constable’s voice in the passage. The knock caused silence which continued until Mr Buckeridge returned to the room and said, “ He is gone, it is all right.’’ There was no noise io the room to attract any visitor coming to the hotel. Mr Buckeridge observed that the constable said in reply to bis remarks that handicapping was not over, “Is it not sweeps you’re after." I did not think it necessary to acquaint Constable Darby of the drawing of any of the sweeps. Ou February 18th I was not in the room when sweeps were drawn, but I overheard “ Leomiser ' being sold. The two visits I paid the hotel that night were between 10 and 12. Edward Hearn Buckeridge sworn, examined by Mr Gully . Am an hotel keeper and landlord of the Marquis of Noiraauby, Carterton, Have a 10 o’clock license; heard Fraser’s evidence; had no extension of license on any of the occasions referred to by him. Mr Beard objecting to the witness giving evidence that might lead to any proceedings against himself,

The Magistrate said Mr Buckeridge could claim the privilege of the Court in any question in which he stood alone, lie (Mr Stratford) said he would be very sorry to think that the case then before the Court would lead to any prosecution of Mr Buckeridge ; it would be manifestly unfair and improper if the evidence used in that case should be reproduced in anyway against any person with a view to another prosecution or charge of a different character. I recollect November 4, 1886, date of the Agricultural Show. Served drinks to boarders on that occasion, perhaps after 10 ; the bar was closed at 10 ; no persona but lodgers had drinks after that time to my knowledge. I have not the least idea of my takings upon that occasion ; do not think my barmaids were at work after 10 o’clock. Cross examined by Mr Beard ; The billiard room was closed exactly at 10 on November 4. Saw Constable Darby at closing time ; he came to the hotel in company with Constable Eccleton. I now recollect that the night of the 4th November was a very quiet night. 1 had only one barmaid during the day. The key of the bar was given to me at 10 p.m. precisely ; Constable Darby returned to the hotel about 10.30 to ask me to accommodate a prisoner who wa* in a weak state and required attention, not to be obtained in the lockup. I do not remember Constable Darby having liquor at any time after hours in my hotel. He very seldom takes a drink. Constable Darby was not present when I threatened to chastise Fraser on sth December. On that occasion when I left the kitchen Consiiible Darby came into tiie main passage from the side door ; the connecting passage between the kitchen and main passage is eight yards long. Constable Darby did not enter the connecting passage on that occasion. Fraser came through and spoke to Darby about being assaulted by me. The constable informed him if he wished to take proceedings, to go to Mr Freeth, clerk of the court. He did not say that if he were I he would kick Fraser out. I did not, upon any occasion, return to a room and say, “ Darby raid, Is it sweeps you’re after ” ; never used words to that effect; remember Darby coming and asking who was iu the room cn 20th Nov; I replied, “ Boarders; you can go yourself and see.” Reexamined by Mr Gully—l made a mistake when I at first said the night of 4th November was a busy night; I was thinking of another night; I recollect the night before the races 20tb, November; I am not sure whether Constable Darby went into the room or not; when the constable came it might have heen between 10 and 11 o’clock. This man Fraser has been a continual nuisance to ray house, and I have frequently complained to the constable about him. The Bench said that was not relevant to the case. Johu H Craig, examined by Mr Gully, sworn -I remember November 4tb, 1885 ; was lodging tbat night at the Marquis ; was in the billiard room ; was there when the billiard room shut up ; do not remember Constable Darby coming; three or four of us were playing when we were told to stop. If I spoke the truth should say this was about ten o’clock ; believe the bar was closed a few minutes before the billiard room. G. Yule sworn—Am a resident at Carterton ; remember a race meeting at Cartertan in November ; recollect being at the Marquis ou 21st of that month ; do not know what you mean by Calcutta sweeps. Saw some sweeps but not after hours. Could not say what sweeps they were, (Mr Beard suggested "chimney.”) There might have been 15 or 16 persons in the room. I was not present on any other occasion when sweeps might have been drawn, and shall claim the privilege of the Court not to answer as to whether I took part ou this occasion in question. Alfred Armstrong on being called, claimed his expenses. The Bench said the witness was entitled to 10s. Armstrong—" Who would guarantee the payment, ' Mr Gully—Oh, Mr Fraser will pay you. (Fraser here tried all bis pockets ) Armstrong—Well, Mr Gully, I shall look to you personally for my expenses. Mr Gully and Mr Fraser here rose simultaneously to remonstrate, when tbe Magistrate said be should resent any impertinence, but could not allow tbe informant to retaliate personally upon any remarks. Alfred Armstrong to Mr uully.—Am a diaper, recollected the evenings of 20th and 2lst November ; was at tbe Marquis on both nights ; believe there were sweeps drawn ; could not pay when the drawing took place, but after 9 p.m; were about seventeen persons present ou 20th; not so many on 2)st. The majority of those present, I think, were boarders. Recollect the night of Feb ISth ; was at the Matqtiis ; sweeps were drawn in my presence, between 9 and 10 30. Do not remember the exact time. Cross-examined by Mr Beard—Constable Darby was not present on either occasion to my knowledge; did not hear Buukoiidgo or any other person say that Darby exclaimed •• Is it sweeps you’re after" ; not on any occasion : know nothing of Ilf swoops until ;i or 9.311 o' : 'u' nights uiqutstion when Fra-ei iufoimcd ion they would take place and invited me to tune part—remember Dec sih, when the fracas between Buckeridge and Fraser took place, they were quarreling in the passage leading to the kitchen about 10 p.m. Mr Buckeridge asked me to stay and hear what ho had to ray to Fraser. After conversation I saw Fraser hacking into the kitchen, he then lay down on the floor and got under the kitchen table . Mrs Buckeridge thou came ami took her husband away. Fraser then got up and stood in the kitcheu, and then went towards the main passage as the constable came into the side door and down the passage; u ■ quarrel was over before the Constable came. Mr Fraser then told the Constable 'that he wanted the landlord taken into custody for assaulting him, Darby replied that he must apply to Mr Freeth, Clerk of the Court if ho wished to lay an information, MessrsDel-h-r and -Bennett then came and Fraser went away. 1 did not hear Constable Darby say it served Fraser light, and it he was Buckeridge he would kick him out. I wag present all tuo time ; if such remarks were made I must have heard them. This witness wa* reexamined by Mr Uully at some length, but the only additional evidence elicited was that ho did not remember having a drink after 10 o'clock on the 4th November ; he did not know that he would be required as a witness 1 until the day before (Friday), when be 1 received his subpeena, mid had conversed with uo one since receiving the notice to appear. It Mr Gttiiy could suggest any I names to refresh his memory he could ' pet haps remember whether they were there • on Nov 20 and 21, <

After the aljatr.-rn t ;n In i hj 'lhe Magitliaie m-to-d Fra-' r if Co.'htame Darby was in uniform w .cu li ■ h«d a drmk with Mr Seed, and be replied that In l war t o . The evidence for tb“ pros-cution hj n closed. Mr Beard said he would now bring tvidc oo to show precisely the position of charges and their value. He culled Constab o Robert Darbv. who being duly sworn said : I am constable i'i charge of Caiterton district ; have been so situated for three years. I 'mow the Marquis of Normal.uy Hotel kept by Mr Buckeridge. Remember November 4tb ; was on duty that day aid ighl ; visited the hotel in company with Constable Kcclelon to see that it was closed ; it was closed. Constable Eccleton and 1 then went to the White Hart, and returned to the Marquis at about 10 30, and then saw that all was quiet, and I saw no person about the house. Returned again about 11 with a prisoner, who expressed a wish to get out as be was iu a weak state ; got accommodation for him. The billiard room was closed that night at 10 p.m. Do not remember the night of October 16. I never then, or at any otbar time had a drink after 10 o'clock. I veiy seldom drink at tbat or any other hotel. Remember sth December ; heard that some quarrelling had taken place. 1 called as usual at 10 o'clock ; the house was closed. I went into the passage from the side entrance lacing Mr Gardener’s; when 1 got opposite the passage leading to the kitchen Fraser came to me from the direction of the kitchen ; he made a complaint. I told him ho bad better go to Mr treeth, the clerk of the Court, and I would serye the summons. 1 suggested the same course to him on a previous occasion. Mr T. Bennett was present, also Messrs Arm* strong, and Dollar. Remember Race Meeting, 23rd Nov, 1885, and 18th Feb. 1886; knew nothing of any sweeps being got np on either of the occasions ; they would take good care not to let me know if such did occur, the statement made by Fraser in referenea to what I have been charged to have said to Mr Buckeridge is false. I visit the hotels every night. On the night of the 18th February I was in the street until 12.30. I patrolled the street in company with Mr Gardener. Cross examined by Mr Gully.—lf drinks are served to any but lodgers after ten they do not let me see them. If I saw the bar opened and drinks served I should sue them. Do not knew from memory the exact account of accommodation at the Marquis, but could quickly supply it. When 1 entered the side door on the night of the alleged quarrel I did not knock. It was about 10 p.m. Mr G. Buckeridge, recalled by Mr Beard— Ou the night of the 4th November I waited up for people to return home from a ball, and (to Mr Gully) am sure no one served in the bar till morning. G. W. Deller gave evidence to the effect that ou November 4th the Louse (Marquis) whs closed at ten o'clock, and having to visit Mr Burnett’s son at the hotel who bad met with an accident that day, he heard the row between Buckeridge and Fraser, which took place about teu o’clock. Had always seen Constable Darby enter the hotel about leu o’clock when be happened to be there. The evidence of Mr I'liomas Bennett was also much to the same effect ; he corroborated the constable's statement as to the cou« versatiou when Fraser made the complaint ol the assault to Darby; also denied that Darby said it served Fraser right, Ac. Constable Joseph Eccleton also corroborated the evidence of Constable Datbv, adducing tbat iu the execution of his duty he accompanied the other constable as related, and the lights were put out while they were there, about ten o'clock. F. W. li. Seed, manager 8.N.Z., sworn— On the night of Catcher IGth I certainly did not call for a drink for Constable Darby after hours, neither Lave 1 done so at any time after hours, neither have 1 joined with him iu having a drink after hours. I do not remember any such conversation as bos beeu given in evidence here to-day, having taken place. 1 believe it did not take place. This closed the case for the defence. His Worship said he had just received a telegram to proceed to Wellington to relieve Mr Wardtl) ; he would deliver his formal judgment at the sitting of the Carterton Court on April 13th, but he would prior to that inform counsel ou both sides what the judgment would be. The (ourt, which was densely crowded during the proceedings, then adjourned.