RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3620, 17 February 1883, Page 3

RESIDENT MAGISTRATE'S COURT.

Tnis Day

(Before Captain Preece, E.M.) DItUNKENXESS. Jolm Howard pleaded guilty to having been drunk at Taradale yesterday, and was fined 5s and costs, including coach fare Is Gd, or iv default to be imprisoned for 48 hours with hard labor. Joseph Johnstone, similarly charged, also pleaded guilty, and had a like punishment meted out to him. MALICIOUS INJURY TO PROPERTY. Orlando Lagor was charged, on remand, with having , , on the 14th instant, at Merryfield, wilfully destroyed a suit of livery, hat, boots, and whip, the property of ]\lr J. B. Braithwaite, valued at £0, being an indictable offence. Mr Lee, who appeared for the prisoner, said he had never heard of a case like the present in New Zealand before, and with the 2 5 e ri nission of the prosecutor ho would ask that the Court might allow the information to be withdrawn, on the condition that the prisoner should pay for the damage done. His client was possessed of a, very bad temper, and, having , been under the influence of drink, was hardly responsible for Ms actions. His Worship said the offence was of that description that he could not agree to Mr Lee's proposal. Mr Lee held that a civil action would meet the case equally as well as any. His "Worship: What is the nature of the case. Mr Lee said it simply amounted to this, that the man was in possession of a suit of livery, and in a fit of anger while intoxicated, it was alleged that he had torn them up. He thought it would be a complete satisfaction of justice if a civil action were taken, and the man compelled to pay for them, instead of being brought here as a criminal. The prisoner had been sufficiently degraded already by his arrest and imprisonment, and having his name published in the papers. For a young , man like the prisoner there was a considerable amount of ignomony and shame attached to that even. Inspector Scully said the case was a very bad one. The prosecutor looked for justice, and did not seek for the price of the clothes destroyed at all. Mr Lee: In that event Mr Brathwaitd looks for something that is known by another name than justice ; quite another name. I defy any person in the Court to say they have ever heard of a prosecution like this before. Mr Braithwaite said the prisoner destroyed the goods deliberately, well knowing what he was doing, and then went off like a thief at 3 o'clock in the morning. He had also called him (Mr Braithwaite) a mean skunk for watching him putting the horses in the stable on their return from town. He desired to have the man punished. Mr Lee : Of course, if Mr Braithwaite wishes the case to be proceeded with, nothing can be done further by me. I shall withdraw and allow the case to go before another tribunal. [Mr Lee here held a hurried consultation with the prisoner and withdrew.] J. B. Braithwaite said he was a sheepfarmer living at Merryfield. The prisoner was in his service as groom and coachman from 17th July last to Wednesday, 14 th instant, and drove witness to town on the latter date. They got home again between 5 and G o'clock. Witness noticed that the prisoner had been drinking when he was leaving town, but did not think him incapable of 'driving. In consequence, however, of the prisoner's conduct, on the road, witness followed him to the stable on their arrival home to see that no damage was done to the horses or harness. In stopping to take the "boots " off one ofthehors.es prisoner said to witness, "I will leave you this day week." Witness had never spoken up to this time, when he said to witness that he forgot he was a yearly servant, and must give a week's notice. Prisoner then became abusive, and witness left him, remarking that he was not ii> a fit state to talk. At this time the prisoner had his livery coat and hat off. It Avas all iv his possession. When witness saw the livery next morning it was in the same state that it is in at the present time, also a whip. [The articles were here produced, all cut up, and the whip broken in -several places]. Did not see the prisoner again from the time he was in the stable on 'the evening of the 14th instant until this morning. The damaged property was valued at £9 . The articles were in perfectly good condition on the evening of the 14th. The prisoner himself had charge of them; he was never given to understand that the clothing , was his own property. The prisoner declined to cross-examine the witness. R. W. Goldsmith, a carpenter working for Mr Holt at Merryfield, said he knew the prisoner. On Wednesday last witness was at Mr Braithwaite's, and when getting his tea about 6 o'clock prisoner came into the vjhare, sat down on the bunk, and commenced to take his breeches off. He did not unbutton them iv the usual way, but tore them off. He seemed in a very excited state. He threw one boot outside the ivh are, and left the other inside. The breeches were in the same condition after the prisoner tore them off as they are now. [Remnants produced]. Witness and another man named Slater then got the prisoner outside the icftarc and shut the door. Did not sec him commit any further damage after that. The prisoner did not have his hat on at the time. Witness tried to dissuade the prisoner from tearing the breeches but he persisted, and made the remark that no one else should wear them. The prisoner was excited, but witness could not say that he was drunk. The prisoner declined to ask the witness any questions. Richard Pool, gardener to Mr Braithwaite, said on the evening of the 14th instant, as he was passing through the stable yard, he saw the prisoner's livery lying outside the carpenters' v:hare all torn up and scattered about on the ground. The livery hat and coach whip [produced] lie afterwards picked up outside the coach house door. They were iv a similar htate then to that they are in now. Witness saw jfcho prisoner j,he tame n:ght and following jjiorning , , but did not mention the mattei to

him, nor did the prisoner say anything about it to witness. The prisoner was not present when witness found the clothes. The prisoner declined to cross-examine this witness also. Constable Schultz deposed to having arrested the prisoner about six miles on this side of "Woodville on Thursday evening last. Prisoner was' in Mr Hambling's express. When arrested the prisoner looked at witness in a surprised manner, and said, " Why, man, I was drunk." He also said, "Mr Braithwaite annoyed me and abused me, 'and in consequence I tore up the clothes, and when I got up the next moming and found what I had done I cleared." The statement was made voluntarily, and in a very hurried manner. This closed the case for the Crown. The prisoner, having been cautioned by the Court in the usual manner, reserved his defence, and was committed to take his trial at the next criminal sittings of the District Court, to be holden at Napier on Moiuhiy, 10tli instant. The Court then rose.