PALMERSTON NORTH.

Manawatu Times, Volume III, Issue 55, 20 April 1878, Page 2

PALMERSTON NORTH.

Thubsday, Apbiii \Bjrir, 1878. i "V^D, Esq., R.M;. and; J. T. Dal-. , ryin.ple, Esq.; XP.)^ I^EffA^LY; OK PBEMISES. Thomas Reading and Thomas Hplmes \ were brought;; up by the police, on the -'charge/ of being on the , premises of Messrs. E6eapd}(G:reen; on the 16thinst.. . : •',•'■■■'.■■•.■■ .-■■■ ■ • -"•■ ■-, • " ' :,..'■• ' .. Constable Gillespie stated that having been informed that ; a; robbery had been committed in town, he went to an up-, occupied; house belonging to Roe & "Green,; and found both prisoners coiled up under the counter, where, upon his advent,' they tried to conceal them-; .selyeSv The fron.t door of the building Vwajs locked, but the back door was ; open. W ; hen asked what brought them, there^Holmps said they had slept ;there : the previous, night. He was informed, that both, prisoners had been offered work and topis, and instead of [proceeding to, it,, they, w.ere. seen loafing about town; . : ,_ ; Holmes said that he had- been only twphours in Palmer stbn,: having come in from Awahuri, where hevhad been working, arid ; having had only Va> few , shillings, he went into the empty house tphaye a shake«down. s Tfc^r Bench informed the prisoners ' that,. under the Vagrant Act, they were fliablei.tprtwetve months' imprisonment, arid after referring to the danger to property by tramps, dismissed both prisoners.; " : • ' ASSAUL.T.; William Ellis. 'was informed against by Richard Peck that; he^ did, on the 3rd of April, assault hjm, by striking him .-with this fists. TheicomplainaAt',. ; Bichard Peck, deposed :. X am, a^ car- ; teri=;livmg^ at Palmerston. On the 3rd^ of this month I was standing on the j footpath in front of the Boyal B[otel. My, mare was on the .footpath,, and I |\yjas ; standing beside^jt, when. Ellis came, out of th& hotel and ordered me to take it off: I asked him. by whose • aiithority he.dtd so, when- '"he replied. . that i£ I did: not do.it quickly he wouldstrike me. I refused, and lie struck me tw,ii # e, once- on, the neck and then on 'the; chin, bofh times- w,itb his clenched ' fist. I requested him to; 4° it again, but heV did mot do so. I nev.er gave' him the slightest provocation whatever. To the defendant : I dyl not u^e| any abusive or bad laipguage to jjou. . • ■ ' %. i%. djept)sed :, Ife member a disturbance whipli, took place between 1 Ellis and Peck, on. the 3rd instant,. oaK side the Kpyal Hotel. I saw Mr. Ellis strike Peck twice, first on the neclj, and 1 then on the chin; with his open hand.. . They were blows arid not shoves. Peck 'was.' standing on the footpath heside his. hprse, which was also on it. I re- ' collect it well enough, for 1 was sober. I did not hear Peck- use any bad language. I heard, spin? ajttercation. ftbout a horse when I was inside the hotel, I went oiit, and then saw the. assault. [ Jajcob; Pieterspn^ examined through Mr. Kelson, interpreter, deposed:! remeniber the; 3rd of April, when 1: saw Pock and.Ellis outside Gilbert's l^otel. Mr. Ellis struck Peck with his closed .fisti in- the neokj. and then with his ] flat hand on, the side: of tho head. They were both on the fopthpath outside the • hotel at the v timß. Ellis d^d not strike ? hiai more than tW;ice. I cannot say ; whether it w,as in earnest, or not» bait rather thjnkv it was in e'arnpsjb. - '. The> defendant stated he h.ad received; orders frqai Mr- GSallbert to turn the horse off the footpath. .He . tried to push Peck off the footpath, bat as he w,as. the worse, of liquor he

fell down. When Peck got up he offered to fight him for any amount. The Court was of opinion that both complainant and defendant were to blame, Peck in having his horse on the footpath, and Ellis" in committing the assault. The decision, therefore, would be that Ellis * should be fined ten shillings; while Peck should pay the cost, which amounted to 12s 6d. : BREACH OF THE PEACE. Johan Andreason and A. H. Ihle were informed against by Constable Grjllespie, for having, on the 12th of- April*,' committed a breach of the peace in front of the Royal Hotel. Mr Staite appeared for both, defendants. " ' The constable being gworn, deposed t On the above date I was at the Railway Station when I saw --Andreason and Ihle ooine out of the Ifcyjil Itotel, and after" talking fop a. few minutes, com mencing to figWj. Ihle wia knocked Ti do wn once or twice* and when down Andreason kicked him. -After a little Ihle managed: to. get clear, and made for home without his hat, when defendant went back to the hotel. I was about-a hundred yards from them, bu,t could not prevent the breach of peace. -Cross-examined by Mr Staite: I da not think they were lfirkingy. and would riot think it a lark, to be knocked, down and kicked. I would not be theleast surprised to hear both Andreason, and Ihle. swear there was no fight, and. neither were kicked.. If IhJe had; not been a settler in the place $ should ha.ve> arrested him, as he was the' more drunk of the two. I was too faraway^ to separate them or prevent the .figiyr Some men can fight best whe~n'4fi*Mst are clrunk. " I can swear Ihle was kicked- half a dozen times.. Edward Collins, sv?o.r,n i-^^On the12th inst, my' attenjtjdn was drawn byCostable Gillesple to- two men fighting; at Gilbert's, I w^s aibjou.t ojoe hundred; yards away, but could- see plainlythat they were Andreason and- Ihle.. Ihle was knocked down, and while he. was off his feet Andreason struck him, several times. I believe I said to the. constable,. " what a shame. to see a man, , kicked lik.ethat !" They w,eip struggling ; together,, -a^id both fell. Qross-exa.mined by Mr Staite. t X did; | not see Andreason's fist shut. 3" savs f" Ihle kicked while he saw down ; that is, I believe I di,d, though I am, not positive. I saw- Andreason's feet (t go,'** but not Ihle's. I cannot say where. the kicks were bestowed. The row,lasted ten minu,tes._ i Mr Staite severely- criticised, the. > evidence of Collins, which, throughout, was confuted and contradictory,. and{ said he wrouldj put both defendants into, ; the. box to< swear there- was no fight K no quarrel, or no ill-will,. betwee.ii the. two* either before, or since. B"e called Johan Andreason, but the witness* was very misty as to. w,ha£ took, place. on the day in question, yet was qjiite. convinced, as far as he knew that no, , fight, worthy of the name, had taken, place. , Mr StajteJheld tha£ there was not a tittle. ■of evidence to. prave that Ihle was, guilty of a breach, of the. peace, unless; it were, claimed that the fajpt. of beingby jji person was. eyidence tc^ that ef^feofe. "Eyeft tating the- evidence, of "the eorista^bl.e.,. it was shown that. Ihle had npt struck; a, blow, and that he. t availed hi :ase'l| :.of the> first opportunityr • of- clearing ior Kpme. H,e vf ore call, him as a-, witness in the.- qase. against Andreasoni A. H. Ihle- said* he- remembered! I the day . in qpiestipn,, and that he. had\ taken so.mnch drinkj he could npicarryvany more. Andreason and he had been, liquoring "'-. together, and afterwardsk tried to pujb one. another down byvrrestling. There was • no. quarrel, andj as far as he was aware. he- had net been, kicked, neither hadi he aq.y bcujses ormarksleft. - ; f; j To the Police : we -had' hot been, talking abput an old grievance, and adjburned; outside, to settle it. I left off; the scuffle first.; T;he reason I made, for home Has thaj; % w,as as tight as \ '■ could get, and there,w^ ; no upe.atpppingr any longer in tow^i. The Bench : About how many drinks, could you conveniently carry ?; ; Witness :If you mean how many T£ jcouldi take,. Ii shpuld say sbmething^ Jover tWiebJiy^ I'hftd abouj; that numberoccasxpnv.' I? The Bench^ wjas s off c^inloife tßat thecase against; A^adreasoni was proved^ and inflicted a fipp. of £JL andacosts^j but dismissedthat against^Uile. "i} ; DBUNK AND . A. H.llhe was then oharged witlij i being drunk and disorderlyon. the 12th n japd having .adm]tte ; d;the: soft impeachmgnt w?is .muictejdi in : thip. sujn of 55. : 1 CIVIL. CASESi ; Jabez Pj^mpre.v. W^isem^ff,^ - \ :<:. Claim, breaph jof and\ wagers djie.. tj&ietiso didlriot ap-. pear,, ajid. judgment w,ft3 given for--£0 2s- & a»d cost. Mjr Staite appeared, for the. .plaintiff^ 7 "' ; Matthew H^miltonvVj Teira.Te Panai.. , Claim, jy. is 6.d. for goods supplied. Defendant stated, thaj; the articles were, .supplied; in, 1867; v wjijle. th# pJkinrifEv swpre.. they; were,. dpUy,ered; iiC 1872^. Case. adjourned up jil. next Court 4ay, to> enable piainfcif^to , prove he wag npt in, {the.d^riot before' 1870,. ; Jfc 1&- Thorpe-y* ■ Claim, '::£s.'."' My Stift» : appeared for51ainJ,iff$andr consented, to, take a.ver-, ipt for £2.and costs. ' Mofffltv.. Chrifitiap^Martinson. i Claim, £11 l£s Bd. Defendant adr-' 'mitted the debi; > but stated.that he was; .ujiable.to^pav it just aj: present,. Jjidg-. ment by consent.' George Bpy^ v. H^3tw<elL and;Mpcara». 5 In. tla^ case . Mir Staite. appeared for • i the plaintiff. 1 and. consented, to. an ad-, journment, which w^saskedifpr by de-. feudants. ' Thomas Nelson.: v. Callaghank Claim, £3 Is. Defendant did i^ot appear, and judgment was given in default.. H^ Gra^v. L, l^erithal. -■ Ghim K for dapx^gs to furniture, An reinj^val. mi^Staite; appeared fpr the> > plaintiff, and:Mr : \*v"arburt6n.for. the.de-. ■ t fehdaht. This'.c^se occupied the timer of the Court for a considerable portion. of the day, and resulted in. & judgment for plainfeff; f or ££ iOs and, costs. , Thomas Nelson v. Wi Te MJatai. Claim, 19s Bd. judgment foe» amount claimed, and costs. ,i : . v There were^^ some other .^cases,, bufe they were adjourned for proof .Qffgejpc Tice of summpus..