MARTON POLICE COURT.

Wanganui Chronicle, Volume L, Issue 12124, 12 July 1907, Page 7

MARTON POLICE COURT.

CHARGE AGAINST LICENSEE OF WHITE HART HOTEL.

At the Police Court, Marton, yesterday morning, before Mr. It. L. Stanford, S.M., Samuel John Gibbons, licenses of the White Hart Hotel, Marton, was charged with tliat he did, in the bolie'f fcliat proceedings were about to be taken against him in respect to a X'hargo of selling liquor after hours, attempt on June 9th, 1907, to pervert the course of justice by counselling amd inciting Norman May Atkinson to make a certain fajse statement to the police. , Mr. Hutton conducted the case for the polios and Mr. Cohen lappeared for accused.

Norman May Atkinson, working for H. Price, Rangitawa, said lie was in Marton on Saturdlav night., Bth June. Visited the White. *Hart Hotel albout 10.45, gaining admittance" at the back, tHie other dkxsr being closed. Saw the .accused, who asked1 witness how he got in. Witness told him.

Mr, Hutton: What did yoix say to Mm ?—I want some whisky.

What did he reply?—l'll give you a small drop.

What did yon reply?—l said I would take & ttotile.

Did he give you it?— Yes. Did you pay him for it?— Yes. Was there anyone else abou'i:?—l did not see anybody.

How did he let you out?— Through the dining room. With the bottle of whiskyP—Yes. Where did you go?—Tb Signal's right-of-way. How long did you have the bottle?— About twelve minute*.

What happened' to the bottle?— Constable Fitzpatrick caught me and took it from me. He asked my name. What did you do then?—l drove away.

When did you next see accused—On Sunday morning.

What time?— Getting on for o'clock.

eleven

Where?—At my brother's at Patikipapa.

Diid you'have any conversation with him?—Ho asked ml& what I sadd to Fitszpatrick.

What did you tell him?—l said he had caught m-&, and! I was very sorry tho thing had happened.

Did you say anything more?—l really forget.

What did he say?— Well, he said I ihad got him in for a serious thing.

Did he discuss with* youl what hiad happened the night before?— Yes; he said the same as in the letter. He spoke about Ward' and Little, and said lie might be able to get out of it. Did 'lie say by wharfs means?— The only way was falsehood.

Did. ho say that?— No. Did ha say how?— Well, he wanted bip to say the wrong thing. What did lie want you to say?— Well, ho asked m© to say I had' bought the str.ff before closing un time.

Whom from?— Well", he told mo to say Bill Ward.

Hew were you to explain that you T=&3 not. aofc it till after closing tip. time?— Well, if I had said that I''would havo been telling a lie.

Was anything said as to the delivery of this whiskey by Ward to you?—Ho told me to say I got Ward to put it on onn side for me.

For W.v long had he put it on one s sir7e?—No definite tini'e. I saw Mr. Gibbons and; asked him before closing up time. What did you task him before closing up time?—l said1 I would like to tako sftmo out as T was driving to my brother's.

What did! ho reply?—He was going into the hairdresser's. I was speaking to Mr. Little. Ho was going fca1 a shave

What did he say?—He said "Driyo over the road" or something. I did not quito catch what he said. I was speaking to Mr. Little. Was Ward there at that time?— No.

When you had that conversation with Gibbons did not promise to say what he asked you?—NoV

Was what he asked yen to say true? —No

You went to Rangatawa. during: that week?— Next daiy (Sunday).

Did (you get any cwmmunncation from Gibbons during that week?— Yes, I got a letter.

How did you get it?—By poet. Was this (letter 'produced) the letter yon received?— Yes. How was at addressed?— Care of Price, Hakom'fJe. Was the envelop© stamped?— Yes. What happened to tihq envelope?—l burned it.

Had it «ny brand?— Yes, the White Hart brand.

Mr. Hutton then read the letter referred to, which was as follows:— MARTON, 12th. D.?ay Atkinson.—Just a line to remind you once apjain to be careful what you say to the "copper," that is if ho asks y-cm tar.y questions bo sure that you tell him you bought it before 10 o'clock, about 9, say not sure df time, and also be sure to say tihat you paid Bill Ward for it, and he hiatided it to you, but you asked him to put it on 'one side till you came back for it. If you stick religiously to this, I think I can get out of the soup, as I will get Fred. Avis to say he saw you buy tl'9 whisky and pay Bill Ward for it before lO o'dock. It is a serious matter for me, and1 I trust you will h<?lp mo all you can, ami whatever expenses you are put to I will settle for you Now. don't forget, old boy, "as this b—— thing is worrying my trip© oait. Believe me.

Yours truly, S. GIBBONS. P.S.— B little will slay you told him you had bought a bottle of wftnsky, and wanted to go over for it, also that you wanted him to fetcfh it out to you. Next time you are in town come and see me, .and we will arrange a defence. Mi' Hutton :In regard to the statements in this letter whiclh he asked you tn make, are they true or untrue?— Untrue.

Did you answer that letter?— Yes. Whiat did you do with Gibsons' letter?—l gave it to the constable.

Mr. Coihen did not cross-examine. Constable Fitzpatrick was then sworn. On the night in question saw Atkinson labout 11 ©'clock. m Mr. Hutton: What was her doing?— I saw (tain enter and go* out of the passage which leads to the back door of the White Hart Hotel.

How long was at after he entered that he returned?—■ About five minutes.

Did you speak to him?—l hlad a conversation with him. when (ho handed mo,a, bottle of Crawford's whisky. Did you speak to Gibbons about this incident?— Yes, on the mlorning folloVino1. at about 10 o'clock.

What diid you say?—l said abou<t> 11 o'clock I saw a man named1 Atkinson ■enter and cbme out of the passage ieactrngc to yonr hotel and he admitted he had been there for the purpose of obtaining liquor. What vras Gibbons' reply?—He said, "Ho dikin't get any." Whiati did' you answer?—l said "He had a bottle of whisky in his T>ossession ■when (ho cam" out, and he said he got it from you."

Did Gibbons make any reply?—He said, "Tlk> bottle was piwchafied by -Atkinsf>n before" 10 o'elodk. I saw him pay Bill Ward for it. He left fh© bottle to bo called for. but h<& did1 not call for it til! then, tand! I gave It to him:.'

Did you reply?—l said, "The matter .will be reported to the Inspector, (accompanied with your statement."

What did h& say?—" Don't do that. It doesn't do me any good appearing before- the Court so often. If you report it, no doubt a case will be made of it."

Do you know Bill Ward?—He is barman at the White Hart.

When did you next see Gibbons?— On the 19th, when I served him with two summonses.

Did you have tany conversation with him?—l said "You had better be careful what you are doing with those witnesses of yours." He said. "Why?" I replied, "I may tell you I obtained a letter from Atkinson, whach he states ho received from you." He said, "Did Atkinson give you the letter?" I replied "Yes." What did ihe say ?—He replied, "That settles it,"

Is that (produced) the letter you got from Atkinson?—Yes.

Do you know^ Gibbons' signature?— Yes. He ihas signed the recognisance took on various occasions.

Hie signature in the book and on tihis letter are the same?—l should say so. Mr. Cohen did not cross-examine.

Detective Siddells was then sworn

Mr. Hutton: Have you (had any conversation with Gibbons?— Yes, on the first of the month.

What did he say?—He said, "I got myself into a nice Trneiss •writing that letter to Atkinsoin." I said, "Do you intend to admit that at was written by you? If so, it will save me draggling your friends into the_ matter/"' He said, "I certainly admit I wrote It. I can do-nothing else."

Mi*. Cohen did not cross-examine.

After T>. W. Mason, clerk of tHio court at Marton, had! given formal evidence.

Mr. Oothen, in addressing the Court at length, submitted that there had beeM no offence disclosed in the information or the evidence led' in support of it. He challenged the prosecution to show any case in England or New Zealand where an action sucli as tjiat of Gibbons had been held to come within tho criminal law wihen committed before tthe institution of proceedings in some court or tribunal. Mr. Cahten then m-itieised tJie diffei^ent^ statements in tlie indiotment. It was no offence to act as Gibbons had done before the police took tho matter up. It would have been a different thing if he had tried to tamper with ia witness^who had been sum-

moned

His Worship considered ta prima facie ■easo ha-d been set up. and he committed the accused to take his trial at the nexii sittings of tilie Sunremo. Court in WanganuC Bail, which Vas immediately fortiiteomins;. was allowed in two sureties of £250 each.