MAGISTRATE’S COURT

Hokitika Guardian, 20 February 1930, Page 5

MAGISTRATE’S COURT

THURSDAY, FEB 20th

(Before W. Meldrum, Esq., S.M.)

LICENSING ACT.

On charges of being unlawfully on licensed premises aite. hours an offender (Pioneed Hotel) was fined 20s and costs 10s. CHARGE WITHDRAWN

'I be police charged uv» young women for whom Mr Murdoch appeared, with between Ist. and 14th. January on divers occasions did commit wilful damage and-discharging firearms. Mr .Murdoch pleaded not* guilty on behalf of of both defendants', and held that the inTormation showed more than one offence, which should be separated in the informations. His Worship upheld this contention and Sergt. King intimated he would withdraw the inronnations and proceed with new informations. DEBT GASES. Judgment for plaintiff by default was given in the following debt cases:— A. W. Yarrall (Air Park) v. E. H. Jones, claim £9 4s Cd and costs £2 2s 6d. Mary Ann Routhan v. Utility Tea Gov, claim £5 Os Ocl and costs Bs. Guardian and Times Coy. Ltd. v. C. E. Meredith Ltd., claim £2O Ids Od and costs £1 10s.

T. Robinson (Mr Park) v. F. Saxon, claim £5 7s 6d and costs 3Js 6d.

SAWAITLL HANDS QUARREL

Joh,n McCaffrey (Air Murdoch) charged Colin McCassey with using obscene language, and with assault. Defendant pleaded not guilty and elected to be dealt with summarily. John McCaffrey gave evidence he was a carpenter residing at Kum.ara. Knew defendant, CoLn McCassey. .On Ist. February both were working at Blackwater sawmill on old Kumara road. Witness came into the mill at mid-day. Was met at the skids by McCassey, when he used obscene language complained of. He then walked a short distance alongside witness and struck witness on the side of the head. Witness has a stiff shoulder and arm as the result of a former accident. On previous occasions defendant had used similar language. On Ist. February, when speaking to Mr Parker, defendant came along and wanted to fight, and grabbed witness by the shoulders.

To Mr Sellers—Three men were in a hut nearby at'the time. Witness picked up an old axe handle and threatened to strike McCassey if lie came near him again. Had not made any complaint to Parker, proprietor of the mill.

To Afr Alurdoeh—He picked up the axe handle in self-defence, after AlcCassev had hit him.

William Routhan gave evidence he was a sawmill hand at Blackwater mill. On Ist. February saw McCaffrey going to his hut. McCassey followed him. Saw McCaffrey pick up an axe handle in, self defence. To Mr Sellers-nHe.did not .see.anr assault lit All. fie'did not' lieaifd&e language complained off To the ALiigistrnte—He knew the two men had been friends, but had not taken particular notice of what they were doing. This was the case for plaintiff. Colin McCassey, defendant, gave evidence that he was a winchman, employed on Feb. Ist. with Parker and Co. When .'McCaffrey arrived at the mill witness went to him and asked him what he ,had against h'm. hut he said nothing. -Witness then told AlcOnffrev to put his hands up. AlcCaff jey made a motion to do so and witness sailed into him, thinking Af Caffrey was going to strike him. Witness struck him and lie struck back. Witness struck him twice. McCaffrey'then went to a hut and came out with an axe handle and went towards his hut. Witness followed. McCaffrey walking backwards swinging the handle, struck witness on the arm. A\ itness did not us« the language complained of. To Air Alurdoeh—Saw AlcCaffrey later in Hokitika. Caught hold of his arm. AlcCaffrey had said he would fix him that night. His Worship, in giving judgment, said there was no proof of the hearing of the language complained of in a public place. That charge would be dismissed. The charge of assault was proved. He had no doubt of this. Defendant would be convicted and fined 20s with costs 88s 4d.

ALLEGED ARSON. The police charged Frederick William Boakes with wilfully attempting to set fire to a dwelling, the property of Archibald Ingram. Mr Sellers appeared for defendant. Edith Jones, wife of Arthur Jones, gave evidence that she resided at Revel St. Hokitika. She knew the defendant, who was her son-in-law. On 26th. Jan. defendant came to her house and stayed all night. On the following Tuesday, 28th., he returned to the house about 0 p.m. under the influence of drink. Witness was looking after bis child, aged 15 months. He wanted to take the child out. Witness objected as it was too wet. She recognised the skirt and trousers produced as those worn by defendant. When he went out he had changed his shirt. Witness went out a few minutes before Boakes. Tt was quite light. There was no light in the house. After she had left: she saw the accused walk across the street. Witness returned to the house about fl p.m. Saw a light through a window, in the ki.tchen. Tried to open the back door. Tt resisted, hut eventually pushed it open enough to get through. A suit 1 case behind it had prevented the door opening. She saw a candle propped up against the skirting board, between the door and fireplace. It was alight, leaning against the wall. The skirting on the wall was smouldering. She lifted the

candle up. Saw,a glow, in the bedroom of fire. Saw a ‘nightdress smouldering on the bed. The liedroom was full of smoke. Togk-.tlie nightdress out into the yard. , 'Saw,no one about the house. Had told defendant to keep away from w.e house when Jae was drunk. He was all right when,’Sober. To Air Sellers—Boakes went round

the Bank of N.Z. corner when she was

out in the street. The candle produced is not the candle that was used.

It was of similar length. She had sent one girl hack for'something justafter Boakes had left.

Lillian Jones, aged 11 years, living with her mother, the previous witness, gave evidence that Boakes canie to the house on Tuesday evening in his working clothes. She left the house with her mother, and when she came back she saw Boakes at the kitchen door. Sue got a coat and went out again, and Boakes came out just after her. On their return, nearly- an hour later, saw a light in .the kitchen window. When she eiitjpfejcf toe house saw smoke in her mother's bedroom.

To Air Sellers—She got her coat from the bedroom. There was no light in the house ,at that time. Boakes followed inunediately after her. Arthur Jones, aged about 7 years, also gave evidence in support. Joan Stuart aged II years, stated she lived at the Occidental Hotel. She remembered Boakes coming to the hotel on 28th, January. They were having tea,,. . The.second time he came slie .' waV ’ Capt. Anderson and Jean ’ ATcAlilljm were there also,. Boakes.had a light coat ’on, a blue shirt, and .dark’ tresfeers. Remarked on his dirfjr.trousers. and he should have a wash' and 'he Replied that it would spoil his complexion. Jean McMillan, 14 years of age, residing at Cobden, gave evidence she hadj been '•’stopping.,';, at 'the Occidental Hotel.-Saw Bbakel? itf|the hotel parlour with Capt. Andersbn. Boakes was not sober. .. !■

Sarah Ingram, wife of Archibald Ingram gave evidence that the property Mrs Jones is living in, off Revell St., belongs to her husband.

Sergt. C. J. King gave evidence that about 9.40 p.m. on Jan. 28th. he visited Airs Jones’ house off.Revell St. Was then shown a spot in the*kitch'en that had been recently on fire. The woodwork was charred about -2in. x 3in. The wall paper was smoke coloured for a distance .of 18in. The skirting board was about'9in. high. On top of the skirting board was candle grease. The house, oif three ...rooms, was full of smoke from burning --clothing. Airs Jones produced, her nightdress, badly burnt. The springhnattress frame was slightly scorched. Searched the premises, found suit case, (produced) which was behind the kitchen door. The dark, idirty trousers (produced) were also in. the kitchen. At. 10.30 p.m. arrested accused in Revell St. He was slightly under the influence of liquor. On being charged with attempting to set the place afire he replied, “I don’t kii'ow.'auything about it. We all came but together, and I never went hack.” HeAbius dressed us he s!ss to-day, with the%xception of the shirt, which was blue with a white stripe. Took possession of his boots and compared them with footprints leading |rom the house to the beach, and.they fitted exactly.

The following morning obtained a statement front him, denying any knowledge of the attempt to fire the building. .Z}

The Court adjourned? fit 1.10 p.nt

The. Court resumed at 2 p.m. His Worship considered a prime facie case was made out. Accused pleaded not guilty and reserved his defence. He was committed for trial at the next sitting of the Supreme CourtBail was allowed in £25 and one surety of £25.