Resident Magistrate's Court, Foxton.

Manawatu Herald, 18 January 1894, Page 2

Resident Magistrate's Court, Foxton.

(i'efore H. W. Brabant Ejq, R.M).

Thursday, January 18.

CIVIL CASES.

E. Osborne v. Tiote Popo, (Judg mehfc - £4 16* 61. Ordered that the sum be paid at the rate of ten shillings a mon h, first payment on Saturday, in d fault seven days imprisonment in Wanganni gaol.

John Walls v. Martin Williamson — Claim £2 0s 6d. No appearance of defendant. Judgment for amount and costs 6s.

George Nye v. John Andevson — Claim £22. No appsaranco of defendant. Judgment for amount and coats 30s.

CRIMINAL.

John Gillespie v. Archibald Eeith. Mr Cook appeared for the de-

fendant.

Archibald Keith was charged that he did on the 23rd of December sell liquor to one John Hays when he was in a state of intoxication.

The Constable stated the information was laid under section 14G of the Licensing Act. John Hays was only a lad of eighteen years of

age

John William Anderson deposed — Was in Shannon on 23rd December ; Keith kept the Albion hotel, was in there between 3 and 4 o'clock ; saw William and Ted Howe and Jack Hays there and Archie Moir ; Mr Keith was behind the bar ; Hays was standing in the bar when first saw him, with two others ; the Howe's were sober enough ; Jack Hays was a little drunk ; he was using obscene language to witness ; witness then went to the railway station with the Howe's and left Hays in the hotel ; when returned to hotel saw Hays who was a little worse ; the liquor he saw Hays have wh< n he first saw him was eithu* ber or shaudy-gnff ; Kaith was behind the bar ; when re turned to the hotel saw one w »man on the road ; Hays wanted to fight witness and followed him on the roal swearing; Hayn pullfd out his pocket knife to him ; Bob Frisby and a man nun d Harris accompinied witness ; Hays threatened to rip him open, and to show bim what he hud for dinner ; LJayes dropped the kn : f«j aud witness picked it up, left him on one side of the road foaming at the mouth and nearly mad ; he kept falling down — couldn't keep his feet ; Hays followed down to the camp quarter ot an hour afterwards and wanted to light but he f -11 down and could not grt up again ; did not think Hays would act so if he was sober ; he appeared not to know what he was doing.

By Mr Cook — William Howe is Hayes brother-in-law; saw Hays have some change in his hand ; Hays knocked me down and witness knocked him down ; did say to Keith he didu't know whether Hays was shaniin ngdruuk or not; have known Hays 7 or 8 months ; Hays tried to have a row with Bob Frisby.

By the c >nstable— Another man, Joe Tucker, passed at the time and Haves threatened to stab him too.

Archibald Muir deposed — Been in Shannon since May ; know John Hays, and on 23rd December was at Keith's Hotel; saw Hays, Angus Keith, and Mr Keith there; four of us, Uays, himself, and two other chaps had a drink in the little side room ; this was after dinner ; Hays and other two sailor men had two drinks each ; witness only had one ; the drinks were beer or shandy gaff, medium glasses ; Keith supplied them; saw Hnyg go into the bar with the two Howes ; he was either drunk or putting it on when he went out into the street , saw him passing along the road, it would be about live.

By Mr Cook -Do not think it was possible Hays was shamming drunk going down the road ; saw him again that night when he appeared sober enough in Keith's hotel between 6 and 7 o'clock.

By the Constable— When the lad came out of the hotel put him down as drunk, as he was swearing so and wanted to fight some other young fellow.

Edwin Howe deposed — Knew John Hays ; on 23rd December saw Hays in Eeiih's Hotel at half-past throe ; his brother and Searle went with him; Hays was there and Keith behind the bar; Hays was siuing on a cask in the bar, hp was intoxicated ; Searle shouted for three and after that Hays shouted} we

ii:iil " aiiauviy " but could not <ay what Maya had; when hf iad the drink he went out of lie door in a staggering manner; tieve was some sailors outsidf ; saw vnderson coming up; did no see laves have any more oquor. By Mr Cook — Would swear Rays' vas intoxicated when sitting on th>•ask ; did not see Muir in the hotel ; > lieved his brother and the Keiths vere not very good friends ; had )een into hotel since information was laid, but had no conversation abo ut it.

By the Constable— lt is nothing unusual to see a man drinking wifch a drunken man at Keith's hotel.

William Howe deposed — Know John Hays, who was his brother inlaw; on the 28rd December saw Hays there : his brother and Starle and himself went into the bar ; Keith was bahind it ; Hays had half a glass of beer in front of him and asked the other,? to have a drink ; Hays was about three parts drunk when he first saw him ; Hays told him he was getting pretty far on, and having some change in his hand asked him to keep it, as he did not want to knock it all down ; Hays retained two shillings ; this would be about half-past three ; did not see him atterwards afc the hotel as he did not go in ; saw Anderson at the door as he (witness) left ; saw Hays at 10 minutes past 5 at his own house ; he was mad and threatened to stick a knife into his mother and struck a cupboard ; he had a knife in each ha'id ; he went outside a:id returned in half an hour and wanted money ; wi ness refuse.! him, 8 iid he wanted it to get advice as he had bera insulted by And rson ; he had some tea and then wanted money again and his mother gave him some to get, as lie stated, some raw steak to put on h s eye ; have sp ken to proprietors of both hotels about supplying Hays with liquur ; had spoken t » Mrs Keith.

By Mr Cook— His brother was pretty well with him all day bat he went home before iiajM came in; when Hays oatne in he could not staud in one place but tumble abort ; ho could not ask tor a Beak uivil two hours afte wards'; hi had raetitione-l he woull like to soe the Keith's out of the hot 1 ; the K-ith's

anil o hers came to vvitnes* to *-cc wh' tlier he was going to s y uny- ! thing against fie house and he told hem Le had been incited by Mrs Ke th in i aviug been accused of j ha \ ing laid the iilbimiion, «nd if she would apologise ne would not j push the ca.se. bin as she would not, he i ,teude 1 to give all the facts ; hid to d Wei s that hs (witness) evidence would bo very strong ag liust her had rischar^ed Hays a-> he was not fit to do his work but ha I taken him «>n again. By the Constab «— Cannot say the date constab c came first have made --ome statements as have done to-day, and had not seen the I Kei'h's then.

By the R.M.— Mrs Keith had blamed wi ? ness for wricing dywn to the constable and lay ng this iuforma ion.

Charles Chel'bnrg deposed — He was a sailor and was working at a drain oq Howe's contract at Shan non ; was now grubbi »g fl*x for Mr Wils hi ; on 23r 1 December lef. Howe's « : niplot nieut and was <it Shannon, and ia Keith's hot*l twice, the first time, at one o'clock ; there were Jack Hays, W. t «ples, a man ca led George and himself ; Keith supp ied drinks, -either t eer or <■ handy g^ff — long ones ; went out to get a cheque cached and returned and found the tbree there, and w went down to the other hotel ; had two driuks there hut o >uld not §»y if Hays had ; at Keith's hotel when we returned ther-, we had two more drinks ; H <ys was ab.»ufc half dm 'k wlieu witness lefc, about four o'clock; know Hays had two long beers at K <th's a r id oie lem)nado mid b- er; th nk he had a long glass at ihe other public house.

By Mr Cook — Dili not see An<ler sou, Muir and the Howe's there ; was druuk at four; Howe has tut spoken to him on this c se. \\ iliiara Stap lfeli dep bed Hi was a s ilor lately wording at bhau nou ; Jack flay*, Che lberg, another mm and witness went up on 28rJ December ab u 12 o olock ; had a leer at Keith's; witness cashed cheque at a bo tr ling house, ami on his ictum fuuni his mates playing cards for rtriuKn, ami had a heev ; another round and had another diiuk ; bef re witnHss left H ys was quilt- drunk ; tho Howe's had j:ia oome up ; aaw Hay» a> Bor 9 o'e.ook

■at Ke'th's ; he vr&s pretty drunk j then, he wanted to borrow 6s ; lent ' 'am Kixp'-uce and he went to have a i d.ink ; bay him have other drinks ; ia{> abont eleven and house was ! ttu n open ; there were a lot of chop , J'ick Jones, his two mates, : Hays and others. Mi- Mr Co k -Took p^rter-gflff ! a'i the time, w s not drunk at a1 ; •t. w Hjwo afurthe New Ytar, he I ag-'c d if Jack Ha}-s had been drunk and to d him •• Yes " ; did not take I• ny whisky to the camp ; Hays w«8 ! diun about th^ middle of the after- | uoon.

Ky ths TenßtHbte Kb*w notkn? •lout the cas« till the constable inform d him ; had no feeling aga;nßt KvitU, b«ea in tuo diitirut tit weeks.

liy KM — N-lLed Hays *as p ety well diunk between tf nd 4; s tv Hays have &t 1 ast 3 diiuks in the evening ; could not swe».r what they " er ; he was drunk. Oath rine Wickhffe wag caled lur- did not appear, haviug scut a ktter p eadifg hicktiesd.

(Left Sttng.)