RESIDENT MAGISTRATE’S COURT.

New Zealand Times, Volume XXXII, Issue 5007, 11 April 1877, Page 3

RESIDENT MAGISTRATE’S COURT.

Tuesday, April 10. (Before J. C. Crawford, Esq., R.M.) ASSAULTING CONSTABLES. James Silvers was charged with being, drunk and assaulting a constable. He said he had been drunk. . Constable Wagland said he arrested prisoner the previous night for drunkenness ; prisoner kicked and knocked him about most unmercifully. He was fined 205., or seven days’ imprisonment. . John Standford pleaded guilty to a similar charge, having assaulted Constable Stewart, at the Hutt, by slapping him on the face. Prisoner applied for a remand, in order that he might produce evidence for his defence. The remand was granted till Friday. ALLEGED LIBEL.

Henry Powell was brought up on remand, charged with making certain libellous statements affecting Charles Hillsdeu. Mr. Allan appeared for the prosecutor ; Mr. Buckley for defendant. The case having been opened in the usual manner by Mr. Allan, Ur, Johnston was called, and having been sworn, deposed: I am one of the directors of the Public Hall Company, who are the owners of the Theatre. I am an active director. I know Charles Hillsden, the prosecutor in this case. He is secretary to the Theatre Eoyal. His duties in connection with the company are distinct from the Theatre. He is employed by the lessees of the Theatre. Mr. Hillsden accounts to me for the rent of the Theatre. The rent is taken at a percentage on the receipts at the Theatre. The receipts have to be shown daily. The secretary puts down the whole receipts, and marks our portion. I know the defendant, Powell. He has been employed about the Theatre as stage carpenter. He is not employed there now. I know defendant’s handwriting. I received the letter produced about the 24th of last month. I think s!v-4».in the handwriting of defendant. I ~ thought the letter referred to Mr. Hillsden. I did not at first show the letter to Mr. Hillsden. I gave the letter to him within a week. [Letter marked A put in.] I received the letter now produced—B —on • Friday evening last. Mr. Allan read the letter, which was as follows ;—“Dr. Johnston and gentlemen, —I have been informed privately that there is likely to be a vacancy of the custodian of the Theatre Royal. I beg respectfully to offer myself as a candidate for the appointment. I have been known in Wellington for some years both by Dr. Johnston and also to Mr. James Lockie. That I understand all that appertains to a theatre will be best shown by the fact that I have held the office of mechanist in this theatre for nearly two-thirds of the entire time that it has been open. I also enclose a few testimonials from gentlemen that I think are well known in New Zealand. I should wish to leave the question of salary entirely in your hands, and also beg to inform you that my services are at your disposal at any time you may require them. I am, gentlemen, yours obediently, Henky Powell.” Examination continued ; I saw Mr. Powell in reference to that letter. I did not engage him. I have never had any reason to doubt Mr. Hillsden ; moreover, I have satisfied myself from inquiries made that the charge made against him is without foundation. Mr. Howard said : I am the lessee of the Theatre Royal. 1 lease the Theatre from the Public Hall Company. I pay a certain percentage of the receipts to the company as rent. The money-takers are responsible for the money they receive at the doors. Mr. Hillsden, as secretary to the Public Hall Co., has an interest in the money received. Mr. Hillsden is also employed by me to look after the front of the house, and see that there are no improper admissions. If Mr. Hillsden on his own account cheated the Public Hall Company ho would cheat me also. It would acarcely-be worth _ their while for the checktakers and Mr. Hillsden to attempt defrauding

by collusion ; they could not make sufficient to repay them. I know Powell’s handwriting. .The letter marked Ais in his handwriting. I have had no reason to doubt Mr. Hillsden s honesty; it I did I should not have him there. I have known him from his childhood. Charles Hillsden deposed : I am secretary for the Public Hall Company and business manager for Mr. Sam Howard. _ My business as manager is giving out a certain amount of tickets to the money-takers, and pass-checks to the check-takers, with locked boxes to put the tickets into. I have other duties. I take the money at night when the performance is nearly finished, and lock it in the safe. On the following morning I deduct the rent at the rate of percentage agreed upon between the Public Hall Company and the lessee, pay the starhisor her share of the money, bank the Public Hall Company’s money, and pay the rest to Mr. Howard. I make out returns each night, giving one to Dr. Johnston, one to Mr. Howard, one to the star, and keeping one myself. I know PowelL The letter produced, is his. I have no doubt of it. I will swear it is his handwriting. There is no truth in the statements made in that letter. Powell was employed as carpenter in the Theatre. Mr. Howard wished to have another man, so I discharged him. Powell was an applicant for the office of secretary to the Public Hall Company at the time tenders were sent in.. He was the next lowest tenderer to me. Arthur Inglis deposed :I am an actor. I know Powell I know Mr. Hillsden, respecting whom I had some conversation with Mr. Powell. I was living with him. Speaking about the secretaryship to the company, Powell said that billet might have been his, and that it would be his some day or other. I do not remember the exact words; it being so long ago, but they were something to that effect. The conversation arose in this way. I had a quarrel with Mr. Hillsden.; I wanted to .fight him. After we made friends, I said to him, “lam no enemy of, yours. - There is the man (pointing to Powell’s house) who would work you eut of your billet if he could. This took place twelve months ago, and the conversation with Powell was a little prior to that.

James Matthew Sutcliffe Shiels deposed : I know Powell ; have been acquainted with him for some three years. I believe that letter produced to be in his handwriting. _ I have had conversations with Powell respecting Hillsden since Christmas. In the Branch Hotel one night he told three or four of us that he had applied for the billet of custodian at the same time as Mr. Hillsden, and thought he would apply for it again. James Wykes, stage carpenter, was called, but his evidence was immaterial. Detective Farrell deposed : I know Powell. Mr. Allan : You had a conversation with him, did you not ? Detective Farrell ; Yes. Mr. Buckley objected to Farrell’s retailing any statement made to him iu his official capacity. Mr. Crawford said it had been laid down in the higher Court that a constable was entitled to receive any statement from a prisoner. Mr. Buckley said it was the duty of a constable to warn the prisoner beforehand. Detective Farrell ; I had not the slightest notion that Powell was likely to be a prisoner at the time. I had a perfect right to act as I did. Mr. Buckley : You are not required to explain the law, Detective Farrell. Detective Farrell : I take my law from Judge Ward ; and if I have committed myself, I am prepared to take the responsibility. Mr. Buckley : Your Worship will understand that I take the objection. Mr. Allan : Well, Mr. Farrell, proceed. You say you had a conversation with Mr. Powell.

Detective Farrell: I had, sir. Mr. Allan : Well, just tell the Court, in your own way, what took place. Detective Farrell : I went into his house and asked him if I could speak to him privately. He replied in the affirmative. We then went into the back room. There I told the defendant that I had a letter from Mr. Simonsen of the opera troupe, then in Queensland, respecting two goblets Mr. Simonsen lost during his New Zealand tour. I asked him for information respecting these goblets. He said he was anxious to oblige me, and would tell me all he knew about them. The last place he saw them was in the Auckland theatre, and he believed they were left there. I then stopped the conversation, and turning to another subject said,Have you heard anything about Mr. Hillsden, I believe he is getting into a nice mess.” He asked what was the matter. I said things appeared to be going crooked at the Theatre. I told him that some of the directors had been speaking to me, not Df. Johnston, but Mr. Krull and others. In answer to a question from me, he said he had been working in the Theatre, but not lately. I said I was puzzled how to proceed, being afraid to trust the check-takers. He then put up his left hand, and said that his fingers were illustrative of the position of affairs at the Theatre the check-takers were in league, and if he spoke to one the others would be aware of it. He said he would assist me, and I then left, promising to return next night. I went according to promise. Powell said to me he believed Hillsden was the real lessee of the Theatre, and used Howard’s name as' a cloak. He also said Hillsden must be in league with the money and check takers, because he could not act dishonestly without his being in their confidence ; that when the checks were handed at the door Hillsden must go to the check-taker, take from him a certain number of checks, give them back to the man in the box, and sell them over again. He said every five checks made a pound, and during a season like the present Hillsden could very easily take from his employers about £2O a week without being found out. I asked him how Mr. Hillsden was paid. He replied that Hillsden got £IOO a year from the Public Hall Co., and £3 a week from the lessee of the Theatre, with house and fuel free, besides what he made in other ways. He then said if Hillsden made a slip now he (Powell) would get his billet. I said, “ You can bet your life he will slip before he is out of my hands.” At this stage I pretended that I had cut off the top of my thumb, which I had covered in a handkerchief, and on obtaining a sheet of notepaper from the landlord, asked Powell to write a letter for me re the lost goblets I had been speaking about. He complied with my request. He wrote the letter produced which I hold in my hand. I carefully compared it with the other letter, and found the writing to be precisely similar. I then told Powell that the directors of the Public Hall Company were in difficulty about getting another secretary, and told him that I had recommended him to Dr. Johnston as a competent man, and advised him to make a written application. In order to avoid delay he wrote a letter at once, and by my advice addressed it to Dr. Johnston. I took it, and promised to deliver it myself to Dr. Johnston. I kept my promise. The handwriting in the three letters mentioned is the same. This was the case for the prosecution. Defendant, by advice of his counsel, reserved his defence, and was then committed to take his trial at the next sittings of the Supreme Court. Bail was allowed, defendant in £2OO and one surety in a like amount, CIVIL CASES. Gear v. Williamsom —claim, £39 os. fid ; judgment for amount and costs. Margetts v. Henderson —claim, £2l 10s.; judgment for amount and costs. Griffiths v. Moody—claim, £35 3s. lOd.; ordered to pay within a fortnight.