A SERIOUS CHARGE.

Otaki Mail, Volume 26, 25 April 1919, Page 3

A SERIOUS CHARGE.

FARAFARAUMU YOUTHS IN TROUBLE. COMMITTED FOE SENTENCE. t I At the Otaki Court yesterdoj (Messrs Frank Bennett and C. H. Wil r liams, J’s.P., presiding) two' youths— Eric Howell and Ernest Brazier 1 —were charged (1) that they did wilful damage to a gate, value £4 10s, the property of Joint Edward Killiek, and (2) did wilfully place an obstruction, to wit, a gate, on the New Zealand railway lino between Paraparauiuu and Paekakariki. Mr Staveley appeared for tiie .defence, while Detective Quirke prosecuted. The latter, in opening his I case, said the lads were the sons of ’ spcctablo residents of Paraparauiuu. ! and that the affair took place on tit-.-night of the recent election, when the district was in a state of excitement, A notice board at Mr Killiek’s with instructions'how to vote was taken away and a gate removed. The damage, however, hod been made good by the parents of the. boys. The two accused pleaded guilty on the first charge and were convicted and discharged. Detective Quirke, in opening the second case, said it was a continueii»n of the first offence, and that the gates were'placed on the railway lino bv one of the youths. There had probably been no intention of causing an accident, but. still the act of placing the obstruction, on the line might have

1 been attended with serious conso--1 quences. The lads had been interview- ' ed and admitted the offence, but stated lire gates were placed in such a posi- ! tion that they could not cause an accident, and further that the act was a boyish freak. Detective Quirke exonerated the lad Harris, who. it had been stated, had given the accused away. Such was not the ease. John Edward Killiek, sworn, stated: I am a bricklayer residing half a mile south of Paraparauiuu, and my house I is situate about ten or eleven chain.-, from the main road. The front gate loading to iny property is within a few feet of tho main road. On the 9ih of this month, tho day preceding the recent election, at 6 p.m., my gate was in its place and all right. Next morning at about 7.30 I noticed the gates I had been wrenched off the posts and removed. A notice-board, near the gates, had also been removed. 1 searched for my gates and found the remains on the railway line opposite my property. The gates were smashed to pieces, one piece lying caeh side of the rails and one between the rails. The timber (produced) was a part of nty gate. The gate was a double picket one, about 4ft Gin high and Bft (tin across. On April 12th I was with Detective Quirke, Constable Satherley and the two accused, at the spot where I found the gates. j To Mr Staveley: All damage done to j

|mo has been made good. ; Charles Augustine Harris slated: 1 | am 18 years of age, and reside with my | parents at Paraparauiuu. ’J know the j accused, and remember the hih April. : At about 7.15 that evening I was with the two accused at the railway station at Paraparaumu and heard Howell make a remark about the notice hoard on Mr Killiek’s property. I think he said “Come down and shift sometiling”—l am not sure whether he mentioned the notice board or the gate. Young Field was-also present at the time. Field and I remained with the accused for about a quarter of an hour, and then wo went home, leaving both accused at Mr Howell’s gate. I did not interfere with Mr Killiek ’s pro-

perty. Sibley Everest Gamby stated: I am engine-driver iu the employ of the N.Z. Railways, and -reside at Paekakariki. > I was engine-driver on No. 653 (vain, J which left Paraparaumu for Thorndon at 5.40 p.m. on April 9th. It was a “mixed” train—passengers and goods. After leaving Paraparaumu we collided with an obstruction when travelling from 20 to 25 miles an hour. The train was not derailed and no damage ! was done to tho engine, i stopped the i train and made an examination of the obstruction, and found a portion of a gate on each side of the line, similar to the one in court. IVe were delayed about five or six minutes, and then we proceeded on our journey. • To Mr Staveley: The train was a (mixed slow train, and the maximum speed would be 30 miles. If the gates ■ were put at a certain angle there would j be no danger to the train as the eowI catcher would throw them clear. The

engine, naturally, would break them. Thomas Quirke stated: I am detec-tive-sergeant, stationed at Palmerston North. On the 11th April last at'Paraparaumu Constable Satherley and I interviewed both accused. They admitted removing Mr Killiek ’s gate. Howell stated he put the gates on the line by himself in the presence of the other accused. I obtained a short statement from each- of the accused. (These were put in.' Brazier stated hcweni to Killiek’s with Howell and took the gate, which Howell placed on the line, while Howell stated he put the gates on the line.) On tho 12th April in the presence of Constable Satherley and myself both accused pointed out the spot on the line where they stated the gates had been placed. Both accused recovered the noticeboard taken front Kiliiek’s property in the scrub a short distance away. In regard to the obstruction on the line. Howell stated he had placed fee gates in a certain position—the big part on the outside of the rails and the- weak part inside. To Mr Staveley: Howell did not tell me the gates were placed in an upright position. * Allan Satherley stated: I am police constable in charge of Otaki sub-dis tric-t. I have heard Dc-ieetiv;

Quirke‘s evidence and can corroborate it* On Xprii 15th I was with Driver Gamby at Paraparaumu, On the south side of Paraparaumu no indicated to

mo where the engine had struck an obstruction oil the line. It was the same place as indicated by the accused on .the .:2th. To Mr -Staveley: I have been eleven ,years in charge of this district, and have known the lads for a number of years. I always considered them hard working.- respectable lads. Howell has been managing liis father's dairy herd, ■'and has- recently been assisted by Brayier. Mr Stave-lev withdrew the plea of not guilty aud pleaded guilty for both. li'owell, in answer to the charge, 'admitted guilt, lint Brazier refused to, saying lie had no baud in placing the gave on tlio line. Later, however, he : pleaded gu-iliy, being advised lo do so. j The two accused were therefore- committed to the Supreme Court at Wellington for sentence. Bail was fixed in one s-uretv of £IOO each and £IOO iu themselves. Bail was forthcoming.