ENQUIRY.

Marlborough Daily Times, Volume III, Issue 301, 24 October 1881, Page 2

ENQUIRY.

The Resident Magistrate, \V. Stuart, Esq. held an enquiry on Friday in reference to a charge of alleged misconduct on the part of the bailiff, Mr J. Old. The misconduct was said to have occurred in the case of Martin v. Beamsley, in which an execution was taken out against defendant, and the particulars of the charge covered half-a-dozen pages of foolscap. By agreement between counsel the charges were narrowed down to the following : 1. That the bailiff overstated the amount of distress. 2. That he was drunk while executing the distress. 3. That he entered the private dwellinghouse of defendant after dark. 4. That he generally misconducted himself in the execution of his duty. Mr Sinclair appeared for complainant and Mr McNab for defendant. The witnesses, who ware not sworn, gave the following evidence : Henry Worthylake stated that on the day mentioned he had seen Mr Old come into Beamsley’s shop at about S p.m. Mr Old was drunk. Watson, an assistant bailiff, was in the shop. He told Watson to throw out everything into the road. He lifted a saw and 3aid he would take that. Afterwards, at about 9 o’clock, I saw him again. He was still drunk, playing cards with Mr Chcescman and his son. He was staggering about when he tried to walk. At about 11 o’clock I heard a row at Beamsley’s. Old was talking loud and was still drunk. I saw Old go into Beamsley’s house then. By Mr McNab : I can play cards, but never played with Beamsley. I think they were playing euchre. I had a pint of beer that day. .1 have appeared before the R. M. in Blenheim perhaps six times. Watson was drunk too. Beamsley and I were the only sober people there. Have never seen Beamsley have any row about cards. Old was drunk at Grovetown, and anyone who says he was sober at 11 o’clock in Blenheim would speak falsely. When Old took the saw he did not give any reason for doing so. Beamsley did not threaten to knock Old down if he took anything after dark. Jame 3 Gill stated that ho had seen Mr Old between 7 and 8 o’clook on the day mentioned coming from Blenheim to Grovetown. He was riding rather rapidly and nearly ran over witness. Mr Old afterwards came into the public house. He was then about three parts drunk. He was playing euchre after that with Cheeseman and others. He waa a little bit worse then, dealing seven cards to some and two to others. He could not play the cards after lie dealt them. I used to bo a friend of Robinson’s before I joined the Good Templars. By Mr McNab : Worthylake is a Good Templar also. Beamsley is also one. I understand the game of euchre but not cribbage. They were playing euchre, not cribbage. I heard a row at the crossing when some high words were used by Beamsley and Old. Did not see Worthylake there or in the public house. I left at nine o’clock. Did not see Old staggering about the room where they were playing cards. Alick Herd was at the hotel when I was there the first time. Did not see anyone else but Old taking goods from Beamsley’s on the Mondaj, but Walter Parker admitted he had moved some goods from the side of the road near Beamsley’s.

Walter Parker stated he had seen Old at Grovetown Hotel on 2(ith August at about 8.30 playing cards. He was about half drunk. Old went away about 10.30, and was about the same then. Afterwards went away and met Old coming from Beamslcy’s. He went back again. Old staggered against a horse when he went in at Beamsley’s gate. He knocked at the door which was opened by Mrs Beamsley, and he then walked right in. Beamsley asked him what he was going to do and he said he was going to chuck everything out on the road. Beamsley pushed him out, and followed Old to the shop, saying he would go and find some witnesses to prove Old had come there drunk. Witness had assisted others to remove goods from the back of Beamsley’s shop. Watson did not object to them taking it. By Mr McNab : Beamsley employed me to move the goods, and pointed them out to me. Beamsley did not tell me the bailiff was in possession, but I knew he was.

James Andrell stated that between 2 and 3 o’clock in the afternoon of the day mentioned lie bad seen Old at Grovetown. Saw him afterwards at Pritchard’s about 7 o’clock talking to Bramsley. Thought he offered to take £4 7s to settle the execution matter. They seemed friendly. This concluded the evidence on behalf of the complainant and the enquiry was adjourned till some future day to be fixed by the R.M.