MAGISTERIAL.

Gisborne Times, Volume XXVI, Issue 2104, 1 February 1908, Page 1

MAGISTERIAL.

FRIDAY, JANUARY 31

(Bolero Mr AV. A. Bar Lou, S.M.) DISPUTED CHARGE OF DRUNKENNESS. Robert Mcßrotny was charged with drunkenness ab AVaoroiiga-ii-lnka on January 20th. Sergt. Williams conducted tho prosecution, Mr 1. Alston Coleman appeared lor accused and Air Stock watched proceedings on behalf of tho licensee of tho A\ ae-ronga-a-hika hotel. Constable Irwin said that on the 20th last ho visited the Waoronea-a-liika. hotel. In the taproom of tho ■hotel he saw the defendant sitting m a chair. Tho brother of the licensee was behind tho bar. Asked him what was wrong with defendant and; ho said he was drunk. Shook defendant by the arm to rouse him. Dofondant rose from 'hits so.it and foil to tho lloor. Caught hold of defendant and put him out of tho hotel. Outside he fell down on the road, and was unable to stand up without assistance. Two m'on came along, and asked for the rolcaso of defendant so that they might take him home. AVitness agreed to this, and they took defendant away, one holding each arm. Just then the licensee of the hotel came along. Air Coleman objected to evideneo being given of words between witness and the licensee after the removal of accused.

Witness, continuing, said iStephen Priestly said that defendant bad bad a few sherries at the hotel. Stephen Priestly foil in with witness's .suggestion to put defendant oui.--tliy Air Coleman: AT as quite sure Steplien Priestly did not say defendant was having a sleep. 11c further added that he was pleased witness had come along. It wis defendant’s drunken condition which caused hint to fall when he rose from the chair in the bar. From defendant’s general demeanor, and the way he spoke, and tho fact that he could not stand or w.alk alone, witness was sure defendant was drunk. Defendant was escorted by his friends for about a chain on bis way home. AVlien defendant left, witness went into the hotel. Did not see defendant walk a considerable distance by himself. When witness went into Ibe hotel bo was in plain clothes. Knew defendant very well and did not say lie was a constable. Had .riding whip in bis hand, but did not hit defendant with it or with his fists. Could no say exactly how he ejected defendant. but did not put bis knee in the small of bis back. Did not throw defendant on the road. When defendant fell in the road, lie made an effort- to riso but fell again. Certainly witness did not push him down. In tho struggle he tore defendant’s shirt. In tho taproom saw no glasses or signs of recent drinking. Could not say if there was a smell of drink about.

This closed the case for the prosecution.

For the defenco Mr Coleman called iStephen Priestly, lately barman at the AA’ aeren ga - a-hi k a hotel, who said ■that defendant arrived at tho hotel hit about 10.30 a.m. Constable Irwin tea mo to the hotel between 2 and 3 Ai.m., defendant at Unit time being fin the taproom. From the time fie ■arrived until 3 o’clock defendant had only four sherries. Defendant was ■sober when he came to the hotel. AVitli very short intervals .defendant was constantlv in the hotel from 10.30 a.m. to 3 p.m. AYhen the constable camo in, witness was standing at the end of the bar farthest away from the taproom. Passed tho time of day with tho constable, who asked who defendant was. AVitness said he was asleep. The constable sat down on tho chair next to defendant. 110 had a riding crop in his ■hand, and ho hit defendant three fairly hard blows across tho shoulders and threo blows on tho thighs with it. Ho also hit defendant throe times on tho instep with the whip. Defendant then woke up and witness told him tho constable wished to speak to him. Defendant was getting up to walk out when the constable caught- him hv the shoulders and forced him out along tho passage. Defendant did not fall down in the taproom, hut fell in tho passage. The constable “dumped him up and clown.” Going round the last corner in the passage the constable put his knee in the small of defendant’s back. The constable was wrong in stating that defendant -rose from his seat in the taproom and fell, to the floor. AAhtness was got now 'barman al the hotel. Defendant- was not drunk in or about the hotel on the day in cpiestion. Knew very well how much liquor it took to ‘nuke defendant drunk. On tho day in question he had not enough liquor to make him drunk.— By Sergt. Williams: Defendant’s first drink iu the hotel was sherry. Had two more sherries before lunch and one afterwards. Defendant had been in the hotel at various times for a week previously. Defendant did not wake until after he was -struck on the foot. AVitness was surprised that defendant did not wake up. until lie had received nine fairly hard blows. Did not ■■remember saying to- the constable that- lie wao glad he. had come. Might have slid to the const-able that defendant was “shieker.” AM it u defendant woke up he walked steadily. He only took one or two steps before the constable caugW hold of him. The passage from the tap-room to the main entrance was about thirty feet long. Defendant did not make any resistance or oblection to being put out. Witness bad never had occasion to use force in getting rid of

“drunks.”— Ite-examined: The constable delivered the nine blows on defendant in quick succession. On a previous day clef aidant drank in roe decanters of sherry, and was stall able to take care of himself. George Cole brook; storekeeper. AVaereugu-a-hika, said that on the 20th. just, lie was standing at alio door of his storo opposite tbe hotel. Saw the constable push defer, taut out of the hotel door, defendant landing oil his back. Defendant got up and appeared io be remonstrating with the constable. Defendant sunned very excited. When defendant started speaking to the constable tbe latter pushed liim down ou his back among gravel, Defendant again rose and walked towards the constable. AVas able to walk quite well. Was onlv allowed 1 to walk a few steps w lien the emu table again threw him down. Then Beatson in company with a Maori, went along, took bid of defendant, and assisted him along the road. From his place, witness saw them proceed three or four chains up the road. Defendant lived about a mile and a quarter from the hotel.—By Sergt. AA'illums: Could not say if defendant- ,vas drunk. Understood that his friends caught hold of defendant for the purpose of getting him away, as lie was a very excitable man. Later on saw defendant by himself walking along about half a mile away. Charles Beatson, carter, Waerenga-a-hika, said that on the 20th inut-

ile saw defendant come backwards out of the hotel, landing on his back. Tbe constable was immediately following him. It appeared as if the constable had pushed defendant out. Defendant rose and said something to the constable, who made a -rush at him. The constable struck defendant and lie fell down. AVlien witness saw defendant lull ho went towards him, hut lie had about a chain to go, and before lie arrived defendant had risen again and had again been t-lifown down. AA'hoii witness came up to defendant ho was very excited. AVitness took defendant by tho arm and told him if was time for .him to go homo. With tho help of a Maori, dof oil da nt war. taken about two chains up tho road. At this point tho Maori wont back to got witness’s horse, and defendant then walked beside wtness without assistance. Until lie rounded the corner nobody assisted defendant. In witness’s opinion defendant was not drunk. , Mr Lester was present, as also wore two men from Makauri. Mr Reid ivas also present. Did not know the name of tho Maori who helped him, but knew him by sight.— By Sergt. Williams: The proprietors of the 'hotel had not approached witnoss to give evidence. When defendant -fell out of the hotel, be may have fallen through drunken ness, but the indications wore that lie had been pushed out. AVcnt to defendant’s help- as he thought somebody should intorforo to stop him being knocked about any more. Said nothing to the constable. The constable was still at the hotel when witness came hack, but witness said nothing about the alleged assault.

Tho S.M. said that there seemed no doubt that the man was drunk. The allegations regarding the assault by the constable needed further investigation. Defendant would bo lined os with costs 13s. DRIVING WITHOUT LIGHTS. Resina Agnow Brown (Air Stock) was fined 10s with costs 7s for driving a gig without lights after dark. Betty Black (Afr Blair) was fined 10s with costs for a similar offence. CYCLING WITHOUT LIGHTS. Arthur John Sawyer was fined 10s with costs 7s for having ridden a bicycle within the Borough after dark without a light. DRUNKENNESS. Two first offenders were dealt with in the usual manner. John MoLaron, alias John AYiJson, was charged with drunkenness on tho previous day, having been twice previously convicted of a similar offence within: six months.—The S. At. said accused had' been released on bail on a charge of drunkenness oil AVodnesday night. He failed to appear on Thursday morning, being arrested in the afternoon on a further charge of drunkenness. He would be sentenced to seven days’ imprisonment. PROHIBITION ORDER. A prohibition order was issued against John McLaren.