MAGISTRATE'S COURT

Hokitika Guardian, 21 December 1922, Page 3

MAGISTRATE'S COURT

THURSDAY, IJECEAIBER 20th. (Before .Messrs T. W. Bruce and A. E. Renin min Justices.) AN INDICTABLE CHARGE. The police charged llui Kai lie u, ol Kokatahi. a labourer, that on December 17ik.. lie did .break and enter l.v night the dwelling house of F. O. Alarsliall with intent to commit a erime being an indictable offence. Mr T’.lcock appeared for the defendant. Sorgt. King appeared for t'u* i 01-ce. Dorothy Katherine Marshall. a girl of II yea is deposed that F. C. Afarsfiall of Kokatahi was her father, residing cm Kpkataln road. Last Saturday night she slept at home in the same bed with her sister Eva. Meat tr hod about !>. Was awakened in tlie night by a noise in the room. Woke her sister and saw a man in the bedroom door, with dark curly hair. Tho defendant was the man. Hie room was dark and did not see his face. He was standing looking at witness. He did not speak, but ns soon as witness called out he went away. Eva called cut to Mummy. Did not see the man after that.

To Mr Elc-oek- Did not hear mueli noise before she saw the man. The door was usually open. There was enough light to see the man. Did not hear him going out of the house. Eva Marion Alarsliall. 10 years of

deposed she* was a sister of the previous witness. Dorothy woke her up after they had been in bed some time. When she woke up she saw a man in the bedroom doorway. He had I,lark curly hair and did not speak or touch her. To Air Eleoek—Sh« only saw the man and then lie went a,way. Heard her mother and lather searching in the house for the man. To the Bench—She knew it was the mu in roorf because her mother t 'ld her. Afr Eleoek stated lie did not deny the identity of the defendant. Afnry Lvdin Alarsliall, deposed she was the wife iff F. C. Afarshall of Lower Kokatahi. On last Saturday night she retired to bed between 10 and 10.30. She was the last to retire. She shut all the outside doors, including the hack door, No doors wore locked, buf tho yindiiws were tdl shut. FO'o

was awakened b.v her daughter Eva I calling out after being to sleep, about a quarter to three. Told her to be quiet. Then heard ii ' noise in-■ the girl’s bedroom, and Eva called outthat there was a man in their room. Witness replied. “Nonsense, you’re dreaming.” Eva repeated that there was a man tlire. Witnss then told behusband to get up and see. After Mr Marshall had got up and looked through the house he asked witness to get up. Seat-died the house and as she got to the dining room dpor. the back door was open niul slie saw a man running, with no boots on, from the chimney across the porch ancl round the side of the house. There was a stale smell of tobacco ill the house. None of +'" household smoke in' the house. The man had no permission to come into the house. \Yhen she saw the man she called to her husband. Did not lose sight of him till her husband started to chase him. He was in a grass paddock at this time. Saw tli® man when lie came back with her husband. She identified the accused as the man, more by his clothes than his features. She did not think accused was under the influence of drink. When she first saw the man he Imd on dark trousers and grey jersey, no boots and one sock only-. When she returned to the house she found a coat, a pair of hoots and one sock on the dining room floor by tbo •children's bed room door. FTis boots wore returned to him The children’s bed. the door and the window of the dining room were in a direct line. It was just at daybreak, and it was light enough for anyone to be distinguished. Had never seen the man before. Did not notice anything in the house had been disturbed. To Mr Flock.—Sim always shut the doors at night, but did not lock them. It was hardly light enough in the house to distinguish a man’s features. Saw her husband punching the man after they came back.

Frederick Charlie; .Marshall deposed lie was a farmer at Lower Kokatahi. On Saturday last he retired to bed at 9.30. his wife retired later. Tilt last to bed shut tbo doors. His two daughters slept in a room adjoining. Heard Eva. call out that a man was in the room. Got up and went into their room. It was light enough to distinguish a figure in the house. Went into the girls and then the boy’s rooms. The back door was open, the* front door closed. Looked out but saw nothing. There was a. strong smell of tobacco smoke about. No one- ol the household smokes. Came tl,rough the house again in response to a call from tin wife, who said a man was going from the bank door. Saw him running towards the grass paddocks. Gave, chase and caught him about 150 yards away, after the man bad gut through a wire fence and turn his trousers on the right leg. He bad no coat or boots. He was a- Maori and bad uevir seen him before. Asked him what he was doing there and what be wanted, and lie said: “I don’t know where I art.” Witness proceeded to chastise him and lie asked to lie let alone. The accused was the person. He did not detect any sign or smell of drink ’.m accused, but a strong smeill ol tobacco. . The accused was not there by invitation of witness. Had not missed anything. Saw the coat found in the house. The accused was now wearing it. IDs liomoi was .Vi yards from the main road. There was an iron bar gate at the roadside that was fastened. The lionso was on the left side going lo Hokitika. Huni-s road leading to Orr and Freitas niilTwas on the right side, and was a tramline. The distance Horn the mam read In the mill was about a mile. To Mi Elcock. — Had no visitors that night. Was naturally somewhat excited” at the time that he caught the man. Lang’s road to the mill was about half a mile lower down the road. Struck the accused a good many times. Ho did not retaliate to any extent. Do not remember the back doer ever having heeii left open at night. Found a man’s braces on the wood heap. To the Bench.—Accused made no o,s', whatever for being <>u the preThe wav be Kft the house made witness think the man was sole.;. i! • did not call out when chasing the man to stop as ho had a gun- Had .• iuiudb• in his hand when he

caught, the man. , Stanley George- Gridin in deposed lie wm the son of the licensee of the Longford Hotel, Kokatahi. On Saturday evening saw the accused at the I ~te> with f(forge Tainiii. Served him with* a drink, cud they left- the hotel. Went to bed at 10 p.m. upstairs Heard a noise in tlie passage later. Got up and saw at the bottom of the fire-es-eapn in baek yard, the accused, who said he was looking for somebody. He then went out on to the road and down (awards the mill. Thought the man was sober. , To Mr Eleoek. —Accused did not mention that lie was looking for a j v ,L Then* was no sign of lamm at ilie time of the midnight visit. Sergt King gave evidence that lie interviewed the accused at the sawmill on Kokatahi road on the 18th In reply to enquiries accused stated that ho left the mill with G. Tnntui to go to Kokatahi hotel for a drink. Got there before (i o’clock, had a drink and left with other men who had wlii.sk>, . I bee. Went down the road and dunk it on the side cif the road He (accused) got drunk mid lost I amm ami did. not know what happened utUiwai d*. Did not. remember cutciing, anybody’s bouse until be got a on tho eye and then began to think (here was something wrong Accused ■|,creed to give a statement after being duly warned. The statement was produced! On 2mh arrested nec used on warrant. , n To Mr Eleoek.-Accused gave .1 fc |„, information asked for, lie made „„ attemoL to keep anything back. This was the ease for the prosecii- ' "Accused pleaded not guilty and reserved liL defence and was ooiiimitU 1 j,,.. dial at the next sitting ol the . i/ivnio .Court. , • ninn r.ail was allowed in accused m £>t)U, anil two sureties of £SO eac h.