RESIDENT MAGISTRATE’S COURT

Poverty Bay Standard, Volume III, Issue 247, 13 February 1875, Page 2

RESIDENT MAGISTRATE’S COURT

Gisborne, Thursday, February 11, 1875. [Before J. W. Johnson, G. R. Johnson, and Charles Westrup, Esquires, Justices ol the Peace.] J. Courtenay was charged with obstructing the police in the execution of their duty. Constable Joyce, sworn, said that on Tuesday last he was on duty in Gisborne, and whilst attempting to prevent a disturbance accused made use of abusive language, when he. took him into custody, aud on the way to the lock-np, struck him (Joyce) twice, and tore his coat. Prisoner did not plead and. was fined 30s, and costs 6s 6d. CONSTABLE JOYCE V. BLACK. Mr. Cuff appeared for the police; and Mr. Wilson for the defendant. Defendant was charged with having obstructed Constable Joyce in the execution of his duty on the 20th January last. Mr. Cuff opened the case for the police and submitted a rough plan of the building where the alleged obstruction took place, whereupon, Constable Joyce was called, who ou being sworn, stated: I am a member of the Armed Constabulary Force. I received instructions to arrest a deserter, named Von Borken, and proceeded to the Mill Bush, for that purpose. On arriving at the mens’ quarters, Constable King, who was with me, went into one of the houses. I heard a whistle, and some one said. “ Is that you King the policeman?” I saw some one run out. It was Von Borken, I followed him and arrested him. We re-entered the house, and I heard a voice say “ put out the b——y bobby ” several, between fifteen and twenty persons then entered the room, and accused, with an oath, said to me “ you will not leave here to-night." I held the door. Nicholls and others tried to got in and said “ go in and get the rifles and we’ll shoot him.” I remonstrated with them. W’hcn Von Borken was dressed I left with him in charge and the crowd yelled. King then handed mo a revolver, and I pointed it at them. I did not know if it was loaded or not. Black struck me twice while I held the door. King was not inside at the time. The crowd remained outside.

By Mr. Wilson: I did not lay the information till the Bth February. I returned from Napier on the 3rd February. I saw a letter while I was in Napier copied from a Gisborne paper relative to Von Borken’s artest. King and I were in private clothes oq.the night of the occurrence-. The door l entered was open at the time. The ‘iiight was dark. Accused struck me twige. King was aware I had arrested -the prisoner at the time of the assault. I said if I had another pair oT hand isuffs I would arrest accused as well. King saw me struggling and came to my assistance. I was in search of Voh Borkeii before this occasion. I was not aware that Von Borken was at the Mill Bush until the 20th January. I heard a report previously on which I could not rely, that Von Borken was at the Mill Bush. By Mr. Cuff: I was aware that Captain Burch had offered a reward before he left Gisborne, for the arrest of Von Borken. Constable King, sworn deposed : I was with Constable Joyce on the night of the 20th January, for the purpose of arresting Von Borken. I entered one of the houses at the Mill Bush and enquired for one “ Knox,” but could not find him. I had a bottle of brandy with me aud asked accused and the other men to,drink. I drank some myself to lull their suspicions, as some of them said it might be laudanum. I heard a scuffle outside, when I observed Black and some ten others rushing about, some had only their shirts on. I was armed with a revolver. I handed it to Joyce when I heard a call for fire arms. Joyce had no revolver. Joyce did not present the revolver as if about to lire it. I thought the brandy was necessary as a means to detection, sometimes one can get a good deal of information out of a bottle of brandy. By Mr. Wilson: I asked for Knox as

a pretext, because I knew that Von Borken and he were sleeping together. I refuse to say where I got the information that these two men were living together. Mr. Cuff considered the question irrelevant, a view which the Bench upheld. Cross-examination continued —I cannot say that Black struck Joyce. I was about 12 feet off. I did not go to Joyce’s assistance. This occurred after 11 at night. The night was not dark. I did not knock at the door before entering. I was not in uniform. We had no warrant. This concluded the ease for the prosecution. Mr. Wilson addressed the Bench for the defence, and called Patrick Walsh, who deposed as follows :—I was at the Mill Bush on the night of the 20th January, when Joyce and King came there. I spoke to them ; they did not answer at first, but when I discovered who they were, they offered me some brandy. They enquired for a man named Knox, and I shewed them where he lived. King entered the house and Black came out. The door was not open when King entered. By the Court : I saw no light until King went in. I don’t know whether King struck a match to cause the light. Charles Geamer, sworn, stated : I heard a whistle on the night of the 20th Jan., and on going out Joyce said—“Hulloa! I am too much for you this time,” and pointed a revolver at me. King told Joyce he was in the wrong: and Black said—“ Put up your revolver, and if you want help I will give it to you.” I did not see Black strike Joyce. Neither did I hear him say “ turn out the b y police.” thought the Mill w. son fire, when I heard the whistle.

By Mr. Cuff: I did not understand what Joyce meant by the words he addressed to me. .

By the Court: I think Joyce was drunk from the way he was staggering about. I was about six yards off. Henry Probert, sworn, stales: I saw King going into the whare. Heard Joyce and Black arguing. Joyce was shouting for King and whistling. I afterwards saw King with a bottle of brandy. He asked me to have a drink. I refused, saying I was a Good Templar. Joyce flourished a revolver, and said —“It’s a long time since you had an Irishman at your heels, I’ll take any of you singlehander 1 .” I did not hear Black say anything about putting out the police. Most of the men came out undressed, and enquired what was the matter. I saw nothing like resistance. By the Court: Joyce must have been either drunk or mad. By Mr. Cuff : I have been acquainted with Black for seven years, aud have known him to be a peaceable man. The following witnesses —J. Nicholl, J. Courtenay, T. Graham, W. Johnson, and P. Hammond —were then called in rotation, who all bore testimony corroborative of that given by the preceding witnesses, and to the fact of there being no resistance to the police. ■ Mr. Cuff, with the permission of the Bench, would call witnesses to prove that Joyce was not drunk on the night iu question.

Mr. Wilson objected, but the Bench overruled the objection. Constable King said: Joyce did not drink any of the brandy I had with me. He was excited, but not from drink. Constable Gibson : I saw Joyce when he brought in the prisoner Borken. He was quite sober. The Bench retired for twenty minutes, and on returning into court, Mr. Johnson said that they had come to the decision that an obstruction had been given to the police, although the evidence was conflicting. The police, however, must be protected in the execution of their duty. A small fine of 20s would only be inflicted as the costs would be heavy. The Bench remarked upon the police having a bottle of brand}’ with them while on duty, and considered it as a most objectionable proceeding. JOYCE V. Defendant was charged with resisting the police at the Mill Bush on the night of the 20th January. Mr. Cuff for the Police ; Mr. Wilson for the defendant. Constable Joyce, sworn, stated that the accused was one who with S. Black had resisted him while endeavoring to arrest Von Borken. Mr. Wilson addressed the Bench at some length iu defence, and concluded by saying that he should like an expression of their Worships’ opinion as to whether it was necessary to go on with the hearing, as the evidence would be the same as iu Black’s case. The Chairman replied in the affirmative. Whereupon Mr. Wilson called nearly all the witnesses in the previous case, who gave exactly the same testimony, all tending in the direction of disproof of the constable’s statement. Mr. Wilson said at that stage he would leave the case in the hands of the Bench. After a brief consultation Mr. Johnson said that the Bench were of the same opinion as in the last case. A resistance had been made and a similar fine, namely, 20s and costs, would be inflicted. JONES V. MARTINI. Prisoner was charged with stealing a watch from prosecutor’s person. Mr. Wilson appeared for the prosecutor, but the evidence at his disposal did not warrant him proceeding with the case, and withdrew the charge. JONES V. MARTINI AND HORI TAKI TAKI. Mr. Wilson for prosecutor, and Mr. Cuff for defendants, who were charged with assault and wilful destruction of property. Edward Jones said: Defendants were in the bar of my public house on the sth of February, aud wanted to fight Oliver Goldsmith. I wanted them to go out and gently pushed Ilori. He struck me. They then went outside, but succeeded in getting in again, and further assaulted me, and broke several things in the house amounting to £2. Witm sses were called and counsel addressed the Bench. After a brief consultation the Bench inflicted the following fines ; For the assault, 4,0 s each, with costs. For the destruction of property, Hori to be further mulcted in £3, £2 to go to complainant, with an alternative of imprisonment in each case. Ilori Taki Taki, at the instance of Edward Jones, was bound over to keep the peace for three months. SCOTT V. KEREOMA. Mr. Wilson for complainant; Mr. Cuff for defendant. Kereoma was charged with trespassing on Mi*. Scott’s run, and taking therefrom certain fruit. Damages laid at £5. Chas. Hubbard deposed to the fact of

having caught Kereoma up the tree, which was much damaged. A bag containing fruit was lying at the foot of the tree. Kereoma, sworn, said that he had received permission to take the fruit from Pita te Hu Hu, who had not signed the lease to Mr. Scott. “ A question of title” argument arose between contending counsel, which the Bench did not uphold, and inflicted a fine of 10s and costs.