RESIDENT MAGISTRATE'S COURT, GISBORNE.

Poverty Bay Standard, Volume X, Issue 1047, 11 March 1882, Page 2

RESIDENT MAGISTRATE'S COURT, GISBORNE.

Thursday, March 9, 1882. [Before M. PutCß, Esq., R.M.] William John Walters was brought up on remand charged with illegally being and sleeping on the promises of John Robert Hurrey, on the night of the 7th of March, at 11.30 p.m. Prisoner pleaded not guilty, stating that he did sleep on Mr Hurrey’s premises on the night in question, being under the impression that he had the owner's permission to do so, provided that he had no matches about him. John Robert Hurrey, sworn, deposed : I did not give prisoner permission to sleep on my premises. I knew he did so, as the police had asked me about it. I did not interfere, as I pitied the man, and thought he might be destitute of a lodging. I certainly tacitly acquiesced in his sleeping there, although 1 did not intend him to make a practice of so doing. .Sergeant Bullen: I submit, your worship, that the police have been misled. Had they known that Mr Hurrey did not object to prisoner’s sleeping on his premises, the arrest would not have been made. The Magistrate held that Mr Hurrey was tacitly a consenting party to the use of his premises by the prisoner, and therefore the caee did not come within the Act. He cautioned the prisoner against using other people’s premises without direct permission, pointing out that the full penalty for such an offence would be twelve months’ imprisonment with hard labor. The police were quite justified in making the arrest, and the prisoner had had a narrow escape. Mr Hurrey had acted from kindly impulses, but he should have informed the police regarding them. He would wish it to be thoroughly understood that the offence of “ sleeping or being illegally on premises other than, &c.,” is a serious one, and people were not to think

that they had permission, but must take the trouble to actually obtain it. Under the circumstances he would dismiss the case.—Dismissed. This was all the business. Friday, March 10. [Before M. Price, Esq., R.M.]

William John Walters was charged with illegally being and sleeping on the premises, the property of the Bank of New South Wales, known as King’s Mill, on the night of the 9th of March, at the hour of 11.15 p.m. Prisoner pleaded guilty. C. A. Tabuteau, sworn, deposed : I am manager of the Bank of New South Wales. King’s Mill is in my possession. Do not know the prisoner. Never gave him permission to sleep on or otherwise use those premises. J. Deary : I am in charge of King’s Mill as manager. I heard a noise in the Mill at about 11.15 last night. I got up and searched the Mill, and found a man asleep, and apparently intoxicated. The place is perfectly open at one end, and partially on two sides. It is roofed, and partially weather-boarded. Constable Walsh deposed : I found him last night in King’s Mill, asleep, in a shed which was used for sawing. It is an outhouse of the Mill. I know prisoner many years , he does nothing for his living. He told me he had had nothing to eat for a month. I often see hitn walking about the streets doing nothing. He has no occupation whatever. Does nothing to gain a livelihood. The prisoner had nothing to say in palliation of the offence. The Magistrate pointed out that prisoner had escaped punishment on a similar charge yesterday, and had then been cautioned as to his conduct. On this charge he should sentence him to three months’ imprisonment with hard labor in Napier Gaol. This concluded the criminal portion of the business. NICHOLAS AND CO. V. ItOBJOHN, IRVINE, AND CO. Mr Ward for plaintiff, Mr Brassey for defendant. Adjourned till 28th inst. COLEBROOK V. HO WARTH. No appearance. Caso struck out. COLEMAN AND CLARKE V. MERE TISSUNA, DONOVAN, AND OTHERS. Adjourned until 2 p.m., to enable defendants to make arrangements.