R. M. COURT.

Lyell Times and Central Buller Gazette, Volume V, Issue 247, 7 November 1885, Page 2

R. M. COURT.

Siturbay, 31st October, 1885.

(Before Frank Bird, Esq., R.M.) Police v. M. Gramatica.—Charge of drunkenness. Mr Moynihan appeared for accused.

Constable Bowden deposed to having seen her in an intoxicated state, near Lyell Creek bridge on the 3rd October. Being otherwise engaged, could not go to her at once, but a man intercepted him, and took her to her house. Should have arrested her, but that there was a prisoner in the lock-up. By Mr Moynihan,—Did not see her go through the township ; neither saw any parcel she way carrying ; did not get within 80 yards of her. Believe she got home all right. Saw her two days

previous, when she said she w\n suffering] from a spree. Did not appear lame. Michael Healy, called as a witness as Jo the woman's condition, but declined to say if drink was the cause, or not. She appeared weak and unwell. Mr Moynihan addressed the bench, and said he would admit the charge, and reiv on the leniency of the Court. The un- ! loitunate woman had had a deal of trouble, and lie felt confident the case was ; one winch would allow of the clemency and charity of the ( ourt, —especially consideimg, it was her first appearance before the presiding P.M. Fine of 5s and costs, and a caution. Police \. Antonio Accolino.—Charge of having committed a breach of the Licensing Act, 1881; by selling two glasses of brandy on the 19tn September last, defendant not being a duly licensed person. The Police prosecuted, ami Mr Moynihan defended. John I eaice, age 18, deposed ;—Am a labourer.* Vk as in defendant's dance-room on night of Saturday, 19th September last. Was with C. Be.swick ; asked him to have a drink. Done what the constable told me to do. I know the paper, signed by myself, now produced. Mrs Accolino was the only other person present. We were in the kitchen, and were served by her, with brandy. I threw a shilling on the table, and I think she took it: she did take the money. We bad the drinks, and then kit. By All Moynihan,— I have been living with Constable Bowden for the past three weeks, at the Camp. He told me to borrow a shilling, and go and get drinks at Accolino s place. He did not give me t ® money at the time, and I got it from someone else : Went up about 9 p.m. Had foiu brandies before going to Accolino's. \Us pretty well under the influence, but knew what I was doing. Was then woiking foi defendant in the Croesus mine, and lived with him ; boarded and *lept there. His wife often gave me liquor without payment. I was with Accolino, when the affair occurred". I threw the shilling on the table. Mrs A. left immediately. She did take the money. Constable Bowden has promised me a pound if lie can get a conviction •against Accolino. The same night, he gave me a half-crown, an hour later, for to go up to Accolino's, and get drinks With. I was to return and tell him who 1 had them with, and who took the money. Mrs A. would not take the money the second time, so I returned it* Cannot read or write ; can only scribble my name. Bowden asked me to sign something, and then said he would give me a pound if he got through the ease right. I left Lyell a little time Alter, and when I returned, he said lie 'could get me twelve months for leaving By Constable: I called at your office two or three times that night. Don't Tecollect. what I said; but kept thinking •f what you told me to do. You did not tell me you would not have anything to i°mv i case. You offered me the shilling, but drew it back again, and said you would leave it tor me on a safe outside. You did not give me the shilling to get the two drinks with. (Charge signed, produced; Mr Moynihan objected to it being put in,—the contents havm<* been already sworn to). When I left Accolino's employ, he owed me <£s. I never came to your office on the 20th. I told you on that Saturday night, that defendant had threatened me by savin" lie would " knife me." On squaring.™ 20s were kept back, for clothing, drinks and tobacco. By th. Court,-Left district after it happened. Could get uo work through getting mixed-up in the affair. Accolino did threaten to do me bodily harm if I appeared against him. No threats have been used since my return. Swear I pan! for the drinks, and that a pound was kept back for liquor. The constable did ■offer me '2s 6d to spend there, and promised me a pound if he got through with the case. ° By Constable Bowden,—You did not •decline having anything to do with the case. Cannot reco'llect what happened toe second time 1 saw you that night. Later on, you offered me 2s 6d for the purpose before -stated. Cross-examined by Mr Moynihan,Constable Bowden did tell me'to go and s n lm safe ' but afterwards lie said, go and borrow it. ■night of lJtli September last. Was in ■defendant s dance-room, l'earce called rae out to have a .drink. Were both sober. Went into the kitchen and had some brandy and water. I did net pay, nor ■did f see Pearce pay. Mrs Accolmo served us. 1 earce did not say he had been put up to do anything by the constable, defendant and l'earce had some words ihouse atter ' 3 sistei ' being in the By Mr Moynihan: Both of us were sober. The liquor was taken from a cup.board. Saw no money pass. Dancing

was going on. Saw no more of Pearce that night. By the Court : Pearce left first. Am confident we were both sober.

Charles Bowden, Constable of Police, deposed: Am stationed at Lyell, On the night of 19th September last, Pearce, my first witness, came into my office and said, " Mr Bowden. T want to mike a report to you against Mr Accolino." [ said, w ar* yon not m Accolino's employment, and iia\ e yon iiad a row . " !lj replied, *' 1 have had no row, but Acc()lino is selling grog, wholesale ; I have had liquor there scores of times." He said his sister had gone there, that she would £o to the bad, and lie wanted to gee her i.way. Told him I would have nothing at all to do with such cases. He then said if he had a shilling, he would go up and ''get ohem." We had some converversatiou about my furnishing him with a shilling, to go to Accolino's to buy drinks with. He remained a few minutes, while 1 read up the Act: told him I should have nothing to do with the case. Shortly afterwards he returned again, asking who would be a good mark to go with for the drink. After that, he again returned, and said he had borrowed a shilling, gone and had drinks at defendant's, with Charley Beswi<?k, and was ready to go and swear to the thing before Mr Fennell. (Record Book produced). He gave me all particulars, and said Beswick saw him pa}' for it. I read the paper through to him, and he then signed it. Just after his return from Blenheim, Pearce came to me, almost crying, and said he had nothing to eat, and no place where to sleep ; that he had been sleeping iu the open air, and that even his mother would have nothing to do with him. Gave him a bed in my office that n-ght. It was wet weather at the time. Since then, he has had occasional meals at my place,— not being able to get his living elsewhere.

(To be continued).