A PECULIAR CASE.

Evening Star, Issue 3781, 7 April 1875, Page 3

A PECULIAR CASE.

At tbs Oamaru Court of Petty Sessions on the sth instant, one Walter Hossack was charged with, on the night previous, being illegally on the premises of one Clara Elisa Alport. Before the case was entered upon, the defendant’s counsel (Mr Balmer) objected to the presence on the Bench of Mr Shrimski, because he was not unprejudiced, it being averred that, with regard to an appeal against a decision in a previous case in which he had sat, he had said that if Hossack came before the Court again the Bench would make it hot for him. In explaining that Mr Shrimski was merely in attendance in the ordinary routine of his duty as a Justice of the Peace, and that he would leave the Bench, Mr Parker, R.M., is reported to have said, “the conduct of defendant has been such that a prejudice was general, and probably extended to the whole public.” Mr bhrimsld' then retired, and the case was proceeded with. From the evidence of Miss Alport it appeared that at 10 p.m. on Sunday, the 4th, Hossack went to her house, and, on being refused admittance, commenced knocking at the door, and afterwards forced the bolt with which the door was fastened, and entering the house threatened to strike a Mr Kennedy who was in the house at the time. The latter armed himself with a poker, and Miss Forrest with a shovel, and the threatened to strike him with her weapon if he touched Kennedy. This he did not do, but as the evidence puts it, he looked at Miss Forrest and said, “ Strike me.” Then CenstaMe Henderson appeared on the scene, and, assisted by Kennedy, he ejected the intruder. The cross - examination of Misses Alport and Forrest shows that the disturbance arose oat of a love affair. Said Miss Alport, when he came to the house at 2 p.m. on Sunday, he said, “ I want to put a stop to some rumors I’ve heard.” He did not say what they were. I said, “ Don’t you listen to anything you hear.” I did not know that these rumors affected Miss Forrest, who resides in my bouse. I don’t know that any rumors have been spread that prisoner was engaged to Miss Forrest. I do not know that prisoner is under the impression that he was engaged to Miss Forrest. I daresay he has written twenty letters to her. He sent her a basket of fruit. I never heard that defendant built a house with the intention to get married. His house has been built some years I don’t know whether he furnished ft nous© with, that intention. I should thinlc the defendant has been at my house hundreds of times during the last two years, I don’t know what he came for. He has asked to see Miss Forrest. Mr Hislop waited upon me with reference to Miss Forrest some months ago. He wanted to know whether Mr Hossack might have an interview with Miaa Petrest in his (Mr Hislop’s) presence. I refused to let Hossack ever enter my house. I don’t know what the interview was wanted for. I did’nt want to have prisoner in my house at all. I should suppose he came on Sunday for the pu pose of assaulting some one or other. He has at times used very threatening language. Although he has been at rav house hundreds of times he has not committed an assault yet. I don’t know anything about defendant’s means, except that he is in business and has a house of his own. Of all the times the prisoner has been at my bonse he has never once been there with my consent, nor, as far as I know, with that of any inmate of the house. No encouragement has ever been held out by me or by any one for bun to visit the house. He has always been repulsed, from first to last. On two occasions he has used threatening language. On one occasion hetoldmetherehadneverbeen a tragedy in Oair.aru, and it was time there was one. Another time he asked mehowl wouldlike pistols f’ And Miss Davina Forrest said : “I don’t know of any reason for prisoner coming to the house. He has no excuse for so doing, as far as I know. He has never received from me, or from any person that I know of, any encouragement to repeat his visits. I have spoken to him on these occasions, and asked him what he wanted, and told him to go away, but that’s all I have ever said to him. I have heard that there have been rumors that I was to be married to him, but I never gave him the slightest reason to suppose this. I never looked upon it as a joke, or tried to lead him on at all. He has been very often at the house where I am residing during the last two years. He kept writing letters at one time, but I sent them all back, and it is three or four months since I received the last one. Prisoner sent me some fruit on one occasion, but it was sent back. I don’t know anything about the prisoner being under the impression that lam anxious to marry him. I don t know what made him think so, if he did. It is certainly not true. I think his repeated visits are for the sake of annoyance. I never knew him, and don’t wish to know him. I remember calling with Miss Alport at the Resident Magistrate’s office on one occasion with reference to prisoner. He was in the habit of following me about, and if there was anybody with me he always wished to fight with them.” —Prisoner s counsel raised the objection tbat there was no evidence of his having entered ,® presses with any unlawful purpose, or without what he deemed to be lawful excuse, and submitted that be could not be convicted as a rogue and a vagabond under the Vagrancy Act, however imprudent his conduct might have been and however annoying and unjus-tibable.-—Judgment is to be delivered on Monday next.