MAGISTRATE’S COURT HOKITIKA.

Hokitika Guardian, 28 January 1921, Page 4

MAGISTRATE’S COURT HOKITIKA.

THURSDAY, JANUARY 27th., 1921

(Before C. R. Orr-Walker, Esq., S.M.)

AFTERNOON FITTING

ALLEGED ASSAULT.

Police v. Rudolf Louisch (Mr Murdoch) a charge of assaulting Wm. Olderog at Arahura, by striking him on the body with his clinched fist and further with striking Richard O’Donnell with his (douched fist. A plea of not guilty was entered. Sergt.. McCarthy appeared for the police, and it was resolved to hear both charges together. Sergt. McCarthy led evidence as follows :

William Olderog deposed he was a farmer residing at Arahura. In addition to his farm at Arahura Valley, he had a section lie leased from the Maoris lower down. Remembered visiting the section on Ist. January, in company with Richard O’Donnell. Found some stock missing and while searching foi it saw defendant. Saw some of his (witness’) stock in defendant’s paddocK. Asked defendant to give a hand to get it out hut he took no notice. Afterwards went with O’Donnell to Louiseh’s and asked the latter to give a hand to get the cattle out.. Louiscli said that he (Olderog) had turned his cattle on to his (Louiscli’s) land to eat him ft Witness and O’Donnell who were on horseback, then went to drive out n.s i bid lock. The bullofck followed Louiseh’s hull through a fence. Then heard a shout and looking round saw Louisch with a knife in his hand. Made off as j fast as lie could but got off the track and the next thing he know was that Louisch was on the horse behind him and that he (witness) got a knock on the side and went off his horse to the ground he being stunned. When he came to he had his face scratched and he had a black eye. When his horse was getting under the wire fence, T«ouisch got on to the horse. When became to after the fall. Louisch had disappeared and witness being frightened, I went down to the river to look for someone else. His ribs had been troubli ing him since. He made no effort U. : hit Louisch. He had two dogs. Dim j was. put on to his steer. The Jls wore not put on to Louisoh’s "rattle.

To Mr. Murdoch —Did not remember Louiscli asking him not to dog bis bull. He never said a. word about the dogs to witness. There were no words before Louisch raced after him and jumped on his horse. Ho did not know v.hv he did it. After the incident, he 'frit hack to get his hat with Mr Cropper. He told Cropper the place where ho lost his hat and Louisch called out, from some distance away that his bat was there. Did not use any language to Louisch, and did nothing provoking. Was sure it was a knife that Louisch had in his hand. He did not know what he was struck in (lie ribs with.

To the Sergeant—There has bec-n some trouble with Louisch over h.s cattle. As far as lie could remember both himself and Louisch came off the horse as a result of the hit lie got. Tic did not have a black eye or torn face before he fell off the horse.

Richard O'Donnell deposed be v:ns working on Olderog’s farm at Arihuiu. Was with Olderog at Louisch’s. There was no bad language. "All were quite friendly. Witness and Olderog started to get the steer out. of Louisch's. Olderog got through the wire, but wit ness could not do so. Rnisich came

along calling out and he caught up to Olderog who was caugln in some scrub. Louisch got up to Olderog and .amj ed on the horse behind Olderog and then got hold of him by the neck and struck him .several times. After struggling bofh men fell off the horse. Olderog called out for help and witness went towards them. The defendant then left Olderog and struck witness throe times. Witness had got off his horse at the fence and had approached Olderog on foot. Louisch hit him three times, Witness did not put up his hands to defend himself. Olderog bjv this time bad gone away. When the steer broko away, the dogs were with Olderog. lie did not notice if Louisch had anything in his hand. Was hit in the face and got a black eye. To Mr Murdoch —They were five or ten minutes on the horse while Louisch was punching Olderog. Did not try to kick Louisch. Did not kick him accidentally. Ho was pretty near Olderog when he came off tho horse. Heard OJderog call out after he fell off, and before. Ho called out once after tie 101 l off. Saw the bull and steer run. Did not know what made then run. LouDoh was singing out something but witness could not understand what he was saying. Tliis was the first occasion Louisoli had interfered with witness. This was the case for the police. Mr Murdoch for the defence led the following evidence:

Hiri deposed she was liv ng with Mr Louisch at Arahura as his Maori wile. Bemombored the dispute with Olderog and Louisch in their paddock. Tt was about 2 o’clock in ‘he pfferiioon when Olderog and O’Donnell came along. I/misch said: “Hullo, Bill do you own this paddock now. ’ Olderog said: “Yes this and the other ] addock.” Witness asked who he paid fpi the lease, and Olderog said he paid the

I Maoris. Other discussion followed the I question of tenure of the land at this time. There were six animals hi the paddock that she saw. At the lime Olderog said some of the animals belonged to Ziegler and others. After f some conversation, witness’ bull started to run about, because the dogs were l after it. Witness called out, and L'ouiseli called out ft) Olderog not to dog the hull. Olderog looked as if he was going to ride down Louisch and she heard him swear at him. 'Hien Olderog went into the dip in the ground and Louisch jumped on the horse behind him. She looked away when Olderog swore, and when she looked again both men were off the horse each holding the others hands. Heard Olderog call out to O’Donnell to come quick. O’Donnell came up on his horse to the fenoo and then got off and went up to T,ouisch and kicked him with his foot. Louisch turned round then and struck O’Donnell. To tho Sergeant—She had seen her husband and Fluety sparring. She did not know that her husband was training Fluety. Olderog was always dogging their enttle past their section, but

there was no illfeeling against him. Oldetog was dogging the bull and ;that caused it to go through the fence. It was while the two men were struggling on the horse that Olderog used the bad language.

Rudolf Louisch deposed he was the defendant and lived at Arahura. His paddocks were about 6 acres each. Olderog’s leased Maori paddock was about 35 acres. On Saturday, January Ist. Olderog and O’Donnell came along on horseback. There were some sarcastic references to the leases between Olderog, witness and his wife. Olderog then in trying to get his own steer away, cut out witness’ bull. Witness called out not to dog the bull. Olderog said the cattlo did not belong to him, I but to others named. Olderog cut out the bull and steer, and the bull took the fence on a face, and the steer went under the fence in a hollow, Olderog following it through the hollow. Witness followed up fast knowing Olderog would have to pull up at the fence, and witness was able to get up. He went to catch the reins but missed and then caught hold of the saddle and jumped on to the horse behind Olderog. They struggled and fell off the horse, Olderog then got up. While on the ground Olderog called out, “Dick help.” He then got up and held witness by the hands. O’Donnell came up and kicked him. Witness seeing there were two on to one, broke liis hands away from Olderog and gave him two or three hits sharply and then Olderog ran away. He then turned to O’Donnell and gave him a couple of hits and then O’Donnell had such a look on him, that he put on O’Donnell’s hat and told him to go home.

To Mr Murdoch—He did not have a knife in his hand that day.

To the Magistrate—Ho followed Olderog through the fence to stop him continuing to drive the hull. Had seen Olderog before dogging the bull. TT is Worship said he had listened patiently. Defendant would have to keep his hands off other people. This sort of thing cannot go oil. Defendant on the charge of assaulting Olderog would he convicted and fined £o and costs 7 j-. On the second charge, defendant would be convicted and discharged. ALLEGED THEFT.

Police v. Isabella A. Muir, a chaige of theft of £lB the property of Mrs 11. M. Hall on December 18th. Mr Murdoch for defendant pleaded not guilty, and asked that the case he dealt -with summarily. This course. was agreed to.

Hannah Maria Hall deposed she was the licensee of the Occidental Hotel. Before Christmas last she lost £lB in money (a £lO note, Co note and £3 cheque). Tt was on a Saturdnjy. Next morning looked wliotg she had put if and it was not there. Went down stairs and told defendant she had/ lost the money. She was working there Made a thorough search for the money. After making enquiries about the town, on the following Tuesday spoke to defendant and she said she had found it on the Sunday morning at the back door and she was tempted and had kept it; that she had wanted to tell witness but had been afraid; that she had destroyed the cheque and had brought clothes with the £lO. She refunded the money on the Tuesday evening. Witness last remembered having the money about 10 p.nf. on Saturday, and put it in her blouse. Was not certain whethor she dropped it or whet her she • put in awajy.

To Air Alurdoch —lt, was possible that M iss Aluir found if outside the hack door. She refunded the money by cheque on tile Savings Bank and it was paid. She know now that the cheque destroyed was valueless. It was quite possible that the cheque was mislaid during the removal of defendant from one room to another, when slie changed her quarters in the hotel just before Christmas.

Sergt. McCarthy gave evidence that be bad interviewed defendant, who said she had found the money outside the back door on the Sunday morning. She said she had made three efforts to pluok up courage to give the money back to Airs Hall. Airs Hall was quite satisfied to let the matter drop but witness could not agree to this course. This was the case for the police.

Mr Murdoch claimed that there was no evidence of criminal intent, quoting several appeal court decisions in support of his pleadings. He then called tho defendant.

Isabella Aluir deposed her parents lived on Arahura Hoad and she* had been working for Air Hall of the Occidental Hotel. Some time before Christmas Mr Hall had gone away. On the Saturday night witness had gone to Greymouth and had returned to Hokitika by the late train. She had gone to bed in No 5 upstairs. At that time she bad two £lO notes in her room, and also 4t33 in the Savings Bank. She had been asked by a man to lend him some money but’had refused as she knew he had given cheques that were dishonoured. On the Sunday morning, came downstairs to the kitchen before seven o'clock. Started to clean the stove, and then went outside the back door and found the money just outside the back door, (a £lO note, a £5 note, and a cheque for £3). She afterwards took the money upstairs and put it along with her other money in her room. She then went downstairs again. Shortly afterwards, Mrs Hall came down and said “Bella, have you seen any money. She did not know where she had lost it, whether from her blouse or from her room.” Witness did nol make any reply. She did not know who the money belonged to, whether to a hoarder or anyone else and she decided to hokl it. until Air Hall, the licensee, re. turned from Wellington and then to give it to him. No one mentioned what had been lost, only that some money had been lost. Nothing was said on Monday. In the afternoon slio went out in the afternoon. She took out one of her £lO notes and got change into singles at the National Bank. She paid this money away to several tradespeople. On the Tuesday evening Mrs Hall spoke to her and then for the first time she told her she had lost £lB.

The cheque had been lost. During the week witness had changed her room from upstairs to a room downstairs and sho had been unable to find it. The notes that she found were the ones she now produced. The reason she gavo tho cheque to Airs Hall was so as to have a receipt for the amount. Before the sergeant came in fitness had pro-

mise.cl to refund the money to A'lrs Hall. She had the assurance from Airs Hall before the sergeant came in that the whole thing was settled and t-iat she was to continue in her employment.

To the sergeant.—Had been at the j hotel about eight months. Mrs Hall j employed her. hut Mr Hall paid hei > when he was at the hotel and Mrs Hall at other times. Mr Hall was away , about a week before this occurred and » had not yet como hack from AA elling- J ton. She did not give the money to Airs Hall at first, as she thought that Mr Hall was the proper person to give it to. Airs Hall did not say what the money was on the Sunday. On Alonday afternoon Mrs Hall said the money She had lost was notes, but not to say much about it as Christmas was coming on. Witness did not tell him (Sergt. McCarthy) that, she had torn up the cheque. She may have told him that. When Airs Hall came down in the morning she said she lost some money, a few shillings. If anyone had come along and said that they had lost £lB in money she would have given it to them. When Mrs Hall asked her where she got the £lO note she cashed on the Alonday she did not tell her that hei mother had given it to her. To the Magistrate—She did not give the money to Mrs Hall because she was not certain it was hers. AVhe.n she took the money up to her room she put the notes in her bag and leit the cheque on the dressing table. She knew the cheque she had found was of no value, owing to knowing the signature of it. Mrs Hall recalled by Mr Murdoch.— She could not say That she told Miss Aluir on the Sunday morning that it was £lB that she had lost, or whether she had said she had lost a sum of money. AXentionod the loss on tho Fkmday morning to Aliss Aluir and not again till the Tuesday evening. T-iey saw each other frequently t as they were working together. She kept looking for Uie money.

This closed the case, and His Worship stated he would reserve his decision. Tho Court adjourned at 6.45 p.m.