MAGISTRATE’S COURT.

Gisborne Times, Volume XXV, Issue 2055, 16 April 1907, Page 1

MAGISTRATE’S COURT.

Before Mr. Barton, S.M., the following cases wore dealt with: — DRUNKENNESS. . Charles Adams was found guilty of drunkenness, and fined 18s and 2s costs, or 48 hours’ imprisonment. James Bussell, alias Harris, for a similar ofl'eneo, was lined 10s and 2s costs, or 48 hours. THEFT. Ada Hansen, alias Mabel Miller, was charged with stealing from Henry Olson threo aprons, value 7s Gd ; four pieces underclothing (9s Gd), one blouse (8s Gd), two pillow cases (Is), total value £1 Is Gd, the property of Elsie Irene Walker. Accused pleaded guilty, but stated that she took the articles by mistake. Elsie Ireno Walkor, a domestic, stated that she missed her clothes on Saturday afternoon, when she came out of the Hospital. By accused: Witness denied that accused took her in when she was destitute. Constable O’Hara deposed that accused first! denied taking the clothes, and then admitted that she took them in jealousy. Accused, giving evidence on her own behalf, said slio went to Olsen’s house to get some things belonging to her, and drank some beer on the table and did not know what she did. By Detective Maddern: It was not for spite that she took the articles. A prohibition order was issued against witness. Admitted that she was living with Olsen five years, and that ho was going to marry someone elso. Detective Maddern explained that accused was unfortunate so far as drink was concerned. A sentence of six weeks’ imprisonment in Napier was imposed. ASSAULT. Henry Dixon appeared to answer a charge of assaulting Geo. Smith, a hairdresser. George Smith stated that on Saturday, 6th inst., he had a difference of opinion with Dixon over Is Gd. Dixon told witness lie was a pest of a man, and witness gave him a shove. Accused made a grab at witness. Constable O’Hara then came up, and he told both of them to go home. Witness proceeded about 150 yards up the street, and was talking to Mr. Searle, when ho was struck on the jaw. The blow rendered witness unconscious for a couple of hours. Arthur Searle, a tailor, deposed that while talking to Smith at aquartcr past 10 on the Saturday evening, as Smith was standing on the kerb with his back to Peel street, someone came up and gave him a blow from behind. He did not see who did it. Smith fell, and as ho got up he received a second blow, which made him unconscious for about an hour and a-half. A doctor was sent for, and Smith was carried home. Thomas Smith, brother of George Smith, stated that on the evening in question he was going home with his brother, when Dixon struck Geo. Smith a blow which felled him to the gutter, and as he attempted to riso gavo him another blow, which caused his brother to loso his senses. Ho was unconscious for about an hour. A mate of Dixon’s who was near called accused, saying that lie had better got out of it. Albert Craig, a laborer, said that ho was coming down Gladstone road about 10.30 p.m. on the 6th inst., and at Robertson’s corner ho saw one man strike another, who fell down, and as he got up he was struck again

Constable O’Hara stated that he saw accused and Geo. Smith outside the latter’s shop. They were quar- v rolling and struggling. Witness parted them and recommended them to go home. Dixon left, but Smith remained. Witness also went) away,' but returning about five minutes later he saw Smith in an insensible condition on tho road. Dr. Cole was sent for and Smith was taken to his home. Witness arrested accused, who then stated that Smith struck him first, and that the fall on the kerb n i.st have done the injury to the latter. Accused went to the witness' box, and stated that Smith asked him for a small account. Accused said that ho was always pestering him, and thereupon Smith struck him (Dixm) on the oar.

By Detective Maddern : Admitted being charged with assault in July, 1905. After tho first altercation his “pals” had boon expressing sympathy with him, but not advising him to commit the assault. He acted on his

William Hicks, a tailor, said he saw Smith strike accused on tlie Saturday night, and his ear bled. Smith had a saddle on his left arm. He heard accused ask Constable O’Hara to arrest Smith. His Worship said that even if Smith did strike accused, he’was not jusrb fi-i 1 in going up and assaulting him in such a cowardly manner. Accused was too handy witli his fists. A fine of £5 and £1 14s costs, or 30 days’ imprisonment was inflicted. COUNTER CHARGE OF ASSAULT. Henry Dixon proceeded agai ist George Smith for assaulting him mi Saturday evening, 6th inst.. bcipg p counter charge from the previous assault case. Mr. T. Alston Coleman Dor defendant) said Smith was justified in acting under provocation of his threatening manner and bad language, and counsel submitted that such a tri/ia 1 charge should bo dismissed. The evidence as in the previous case was accepted. His Worship said Smith did strike Dixon, but it was not a severe blow, and a fine of 10s and 7s costs would be imposed, seven days being allowed for payment. RIDING ALONG FOOTPATH John East, carpenter, charged with riding a horse along Childers road footpath on 4th April, declared with emphasis that it was a disgrace ior any corporation to leave such a lot of stones on tho jroad. It was cruelty to animals to drive horses over the=3 stcues, which had been lying there for weeks. He had had to take some out of his horse’s hoof. His Worship remarked that he should bring the matter under the notice of thp Borough authorities. The footpath was for pedestrians. A fine of 10s and 7s costs was imposed. UNATTENDED HORSE. George Goldsmith, charged with leading a horse along Chiders road on 6th April, explained that his hone had sore feet and the stones on ti e road were too sharp. A fine of Ills and 7s costs was imposed. CYCLING ON FOOTPATH. Arthur Kent, charged with cycling on Childers road, did not appear. Detective Maddern stated that accused gave the nanif. of Jones to Constable Wales, who had arrested him. His true name had since been ascertained.

Constable Irwin stated that he served accused, who then asked tlie constable how much it would cost him, and was told 17s. Ho stated lie would come down and explain to the Magistrate.—He was fined £l, Costs 7s.

A BEER CASE. William Charles Whitfield was

charged with stonling one case containing four dozen quart bottles of English beer, valued at £2 lGs, the property of Common, Shelton and Co. Mr Bright appeared for accused. J. B. Kells deposed that accused was in the company’s employ us storeman until a wools ago. The loss of a case of lieer was reported to.him. A carter named Hepburn approached witness and said that ho had been asked to take it from the back of Mr. Matthowson’s store, and did so. Hepburn could not identify the man who gave him the order. A. E. Hepburn, a carrier, deposed that accused employed him to convey somo groceries and empty cases to his place. The case of beer in question was to go to witness’ stable, and a waggon was to call for it. It remained there for two and a half days, and when ho saw accused ho informed him that the beer would have to be removed. Accused said he would find a place to put it, and asked witness to cart it to a Chiliaman’s shed in fa,we street. The iron round the case was broken in one corner while in his stable, but the lid was nailed down.. Accused asked witness to tell Mr. Kells that he (witness) got the case from the'back of Mattliewson’s, and that another man asked, him to put it on liis cart. Witness agreed and did so. The police saw him and took the case from the Chinaman’s shed, where it had been for about a couple of hours. He made a statement at the police station, and this was read to accused, who said “That’s right.” Witness saw accused yesterday morning, when the latter said, “There will be trouble.”

His Worship: There is trouble. Witness did not take any ol the beer missing from the case. Accused at this stage entered a plea of not guilty. By Mr. Bright: It was not an unusual thing for him to take goods to his stables; he did not know what they contained. He admitted being a prohibited person. When he told accused to remove the case, he did so because he had heard it was stolen. No mention was made of dumping it overboard. Admitted lying to Mr. Kells and telling the same tale to Mr. O’Meara; a clerk in the company. Was not under the influence of liquor while he took the case from the company’s store to his stables. He had had no alcoholic liquor at all. James Robert Miller, in charge of the goods department at Common, Shelton and Co.’s on 3rd inst., said that accused had no authority to dispose of any cases without instructions.

William McLean deposed that ho saw Hepburn alone, and a few minutes later the accused and Hepburn came to him, saying that they had decided to tell the truth about tlie beer, and admitted that it had been stolen and expressed regret at his complicity. Accused also admitted the theft and offered to pay lor it, requesting witness to fix things up to avoid further trouble. Witness replied that the case was in the hands of the jiolice. He also dismissed accused from the employ of the company.

William H. Harding, salesman, stated that tho case (produced) came from the company’s store, -but he could nob say if it were sold. Constable Wales said that on Saturday, 6th inst), he asked accused if he knew anything about the case of beer, and was told that lie saw the case in Hepburn’s stable, but knew nothing more about it. The charge was read to him at the police station, and lie said “That is all right. Have I got to stay here all day?”

Constable Irwin stated that lie took accused’s statement and got his signature to it. Witness went to the Chinaman’s garden and took the case away.

For the defence Mr. Bright called Joseph Edward Newton, butcher, who deposed to seeing Hepburn, whom he engaged carting meat, in ail intoxicated condition.

The accused, giving evidence, said that on the 4th inst. lie heard that the case of beer was in Hepburn’s stables. He went there next morning and asked the latter where lie got tlio case, and was told that it was taken from Matthewson’s. The following day Hepburn was going to take the case to Common, Shelton and Co.'s, but had to go to the wharf, and they torfk it to tlie Chinaman’s shed. That was at a-quarter past 7 a.m. He knew nothing further.

By Detective Maddern: Did not admit to McLean that he stole tho ease.

E. P. O’Meara said'that Hepburn came to liis house about 6.30 p.m, and enquired about the missing case of beer. Witness told him that one had disappeared, and Hepburn said that accused asked him "to take it to his stables. He did so, and it jvas (then) still tjlprp. If i'v b»d beep taken from Common, Shelton and Co.’s he did not take it. Witness recommended him to see Mr. Kells. His Worship said that lie had not the slightest doubt of accused’s guilt, and that he had committed perjury. He would bo remanded until this morning for sentence.