A ZEALOUS SERVANT.

Gisborne Times, Volume XXVI, Issue 2337, 2 November 1908, Page 2

A ZEALOUS SERVANT.

FALLS FOUL OF THE BAILIFF.

A SERIES OF CHARGES. As a sequel to tlio disturbance in Gladstone Road, on Friday evening, when- the bailiff, Mr. F. H. Bullen, was attempting to seize somo horses, the property of E O’Noill, under a distress, warrant, a series of charges were preferred against a man named Richard Trevelyan at the S.M. Court on Saturday morning, before Mr. W. A. Barton, S.M.

DRUNK AND DISORDERLY. The first charge was one of disorderly conduct while drunk an a public place. . . Mr. T. A. Coleman, in entering a plea of guilty on behalf of the accused. said that liis client bore an excellent reputation ior trustv/oithin ess and sobriety, and lm employer was prepared to give evidence to this effect. The .counsel asked tor leniency on these grounds. , His Worship said he would take into -account what counsel) liad said. Accused would be fined £1 with costs 2s, in default 4 days’ imprisonment with hard labor. RESCUING A HORSE. Accused, through his solicitor, pleaded guilty to a charge of having rescue -a • horse from the bailiff, atdlie time it was being levied upon under process. A fine of £1 with 7a costs was inflicted in this case. ASSAULTING A BAILIFF. To a further charge of having assaulted one Vernon William Garrard, working under instructions from the bailiff of the Magistrate’s Court while, in the execution of liis duty. Trevelvan pleaded “not guilty.” Mr. Stock appeared for the amforinant and defendant was again represented by Mr. T. A. Coleman. Mr. Stock (outlined the" circumstances of the case and called Francis Hewitt Bullen, bailiff, who said" that he received two warrants to execute against- one Ernie O’Neill, lie proceeded to O’Neill’s premises about 10 a.m. on Friday and took possession, leaving Mr. V. W. Garrard in charge. Witness relieved Garrard shortly before 1 p.m. and remained until Garrard returned in about 20 minutes). Witness again returned about 5 p.m. and had a conversation with Garrard, after which he seized- two creamy ponies and brought them out into the street. He then went into the circus ring and told an employee of O’Neill’s, named Musgrave-, that- he had seized the ponies and the reason he had done so. Defendant came running up and said to witness “You won’t take that horse, it is mine!” After a struggle, defendant got possession of the horse, which was -a chestnut one witness had seized in the ring. Witness to-kl accused who he v r as, and advised him to he caveful. Mr; Garrard was holding the two creamy ponies in the street, and witness came out to him followed by the defendant-. Witness attempted to- lead the horses away, and defendant put- his hand over his (witness’) mouth, and in order to make defendant release liis hold, witness nipped him with his teeth. Witness saw defendant- strike Garrard on the back of the neck and trip him. Garrard was assisting witness in the execution of liis duty. To Mr. Coleman: He did not hear Musgrave ask him to show his authority, but witness put his hand into Id's pocket to produce it at the moment when he was tackled by defendant. He did not- afterwards get a chance to show his warrants. Vernon William Garrard gave evidence of having gone with the bailiff to O’Neill’s place, where they took possession of the marquee and fittings. Witness remained in possession and late in the afternoon the bailiff took possession of'two creamy ponies, handing them to witness, who called out the defendant, Musgrave, to come and see what * was being taken. Earlier in the day- he had told Musgrave that he was the bailiff’s man and was in possession. Witness was lio-lding the- ponies in the street when Musgrave came and demanded his authority and witness again told him who he was. Defendant then rushed up to witness ai d caught hold of the. ponies and tiied to'take them away. Defendant took one and Musgrave the other of the ponies. Witness was standing beside defendant, who struck him a violent blow in the chest-, knocking him down. Defendant then struck him a second time, and offered to fight him, but Constable Pratt arrived and defendant was taken into custody. ofo Air. Coleman: He did not tell defendant who he was and what he was there for. Mr. O’Neill asked him not to tell his (O’Neill’s) employees what he was there for, as he did Jot want the matter advertised. Dennis Carmody also gave evidence as to having seen defendant -and the bailiff struggling and defendant showed witness bis band which showed ’.he marks of having been bitten. This concluded the evidence for the prosecution, and Mr. Coleman taid iic did not propose to call' -any evidence, as he substantially admitted the main facts as brought out in the evidence for prosecution. He asked his Worship to consider the fact that ' defendant might merely haye been acting as a zealous servant in his master’s interests. Counsel submitted that defendant acted in ignorance of the identity of the- bailiff or his assistant. His Worship said there could be no doubt that defendant did assault -Garrard, and' he was quite satisfied that defendant knew Garrard was -assisting the bail-iff. The officers of the Court must be protected, and he though be would not be doing his duty if he failed to impose -a substantial penalty. Defendant would be convicted and fined £5., with £1 15s costs; the amount to he recovered by distress, in default 14 .day’s hard ■labor.

~ RESCUING A HORSE. In- connection .with the same episode the man Fredrick Alusgrave appeared on -a summons' to- answer a charge qf having rescued a horse from the bailiff. Air. T. A. Coleman for defendant, .asked for -a light penalty. F His Worship said he was satisfied that the defendant must have been aware of the identity of Bullen. A fine of £3 with £1 8. costs would be impsed, >