R.M.’s Court, Gisborne.

Poverty Bay Standard, Volume X, Issue 1087, 15 June 1882, Page 2

R.M.’s Court, Gisborne.

Wednesday, 14th June. [Before At. Price, Esq., R.M.] Daniel Page, licensee of the Masonic Hotel, was charged that he did on the sth day of June, 1882, at Gisborne, unlawfully permit disorderly behaviour to take place on his premises, to wit, by permitting one Charles Poulgrain to behave iu an indecent manner towards one Hiria Rangtawha, in his licensed premises, the Masonic Hotel. Mr Brassey appeared for the defendant, and pleaded not guilty. Sergeant Bullen asked to amend the information, and to alter the charge from “ disorderly conduct ” into one of “ permitting violent conduct,” and also to have the words “ to behave in an indecent manner” struck out. Mr Brassey objected to tho alteration, as it was in that form an entirely new charge, and not an amendment. Mr Page had no desire whatever to take any technical objections; in fact he courted enquiry, but he, as counsel for the defendant, objected to a new charge being laid. It was strange to his mind such an attempt should bo made after the young man, Poulgrain, had received a sentence of 14 days’ imprisonment on a charge out of which the present case arose. His Worship said Mr Brassey was wrong in reflecting upon the decision of the Bench in that matter. lie was simply spoiling all he was saying by doing so. Mr Brassey said he had no intention whatever to reflect upon the decision of the Bench in tho case against Poulgrain, but the young man had been undefended, and ho was sorry for it. He would also express his sorrow if, by his remarks, ho had offended the Bench. Ho thought, however, he would be able to prove there had been no violent conduct used towards Hiria. His Worship: Mr Brassey had chosen to refer to the case against Poulgrain, but he would like to draw tho learned counsel’s attention to tho 144th Clause of the Licensing Act. In the case in question a man had been charged with having been drunk and disorderly in his conduct, and Mr Brassey had no right to reflect upon the decision given by the Bench. Certainly under tho 116th Section there could absolutely be no offence. He considered the disgraceful conduct of Poulgrain fully warranted the punishment it received. The alteration asked for could not be granted. It was never contemplated by the framers of the Act that such a thing could be done. By consent many things could be done, but without that such an amendment or alteration could not be made, as it was an entirely different charge. Sergt. Bullen then applied to withdraw the case, and in doing so very courteously apologised to the Bench, to the defendant, and to the witnesses for tho trouble he had occasioned them.

Mr Brassey again said Mr Page was desirous of having the matter investigated, and it was agreed a fresh complaint should be laid. D. Page was then, at 11 o’clock, charged with having committed a breach of tho Licensing Act by unlawfully permitting one Charles Poulgrain to remain on his licensed premises after having violently conducted himself, viz., by assaulting Eru Takihi on tho sth inst. Mr Brassey appeared for the defendant. All witnesses were ordered out of Court. Francis Edward Hamlin deposed : I am a Licensed Interpreter. 1 remember the night of the sth inst. I was in the Masonic Hotel. Mr Page is proprietor of that hotel. I know a young man named Poulgrain who was in the hotel that evening. A woman named Hiria was there. Poulgrain and Hiria were together several times that evening. I saw a native named Eru and another Paora endeavor to get the woman away. I saw Eru in the passage endeavoring to get the woman away. Hiria called in Maori to Eru, and said come and help me I am being dragged away by this white man for an improper purpose. The woman was out of sight from Eru and myself. He went towards her and I next saw him sprawling in the passage. Hiria came back and sat down. Poulgrain followed her into one of the parlors near the bar. The man was making advances towards her by putting his arm round her waist. He then laid on his back on the sofa and had her clasped firmly. She cried out to Eru to take her away. When Eru went to her, her clothes were up about her knees. I cannot say he raised the clothes purposely, but the pair were struggling. Eru tried to pull her away, and Poulgrain shoved him away by placing his foot on the native’s stomach. I told Paora, being

a relative that they should try and get her away. He said he was afraid of being assaulted. I went out with Paora. In consequence of a conversation I went|to the Police Station and informed the Sergeant of what was going on. This conduct in the hotel lasted about a quarter of an hour. I saw Mr Page once. He passed through a room opening into the bar. The greater portion of the conduct was in this room. He was in the bar whilst it was going on. I did not hear him order Poulgrain or the woman out. They are the same parties who were tried here a few days ago. To Mr. Brassey : I am a Justice of the Peace. The woman was in tho passage when she called out. I did not see her. I saw no one strike Eru. It might have been the woman. There were several persons present. I think Poulgrain was talking Maori to her. Poulgrain tore the back of the woman’s clothes. I did not say anything to Mr. Page. I did not think it my duty. lam pretty certain he saw a portion of what was going on. I do not know if Mr. Page spoke to Poulgrain. To the Bench: There was not any very great noise. Mr. Page could not seo from the bar. Poulgrain did not pull the woman about for many minutes whilst on the sofa. Eru Takihi, living at Oweta, said he was in Page’s on the night of the sth. He saw Hiria, and a boy called Dick embracing her. Hiria called him to take her away on account of the manner of the white man. I went towards her, and the white mail pushed me away. I fell on the ground. Afterwards Hiria called mo again in the same place, and I was pushed down by the hand of the White man. I was not pushed down in the passage—it was in the room. There was no quarrel between us. Page was not there. I don’t ktloW where he wns. Mr. Hislop, tho manager, was not there. There was no noise. I thought the young man was playing with the woman. I did not) hear him say anything to her. Tho people of the house did not sec him. To Mr. Brassey: I have known Page some time, and have often been in the hotel. I did not speak to Page, because tho man did not strike me, and I did not think anything of what had happened. I never knew Page to allow natives to be ill-treated, and he looks well after his house.

Paora Haupara gave evidence that he was present, and saw the white man playing with Hiria—embracing her. Mr. Hamlin said he would fetch the police. Hiria had called to Eru to unloose the hands of the white man. He went towards her. I do not know what afterwards occur-, red. Hiria is livingat the same honso that Mr. Hamlin is staying at—-Mrs. Green’s. I did not ask Mr. to go for tho police. The woman not a consenting party. To Mr. Brassey: Mr. Hamlin sail to me, tho manner of that man i™ wrong. Mr. Hamlin did not ask mo to take the woman. Mr Brassey then addressed tho Court, and in a short but pithy speech' pointed out how unfair it was Mr Pago should be charged with an offence ho could bring a number of witnesses to disprove. As his client was, however, desirous of having the matter investigated he would do as otherwise ho considered he might safely do, leave the matter in tho Magistrate’s hands, but would call some of the many witnesses in attendance to prove that the defendant was in no way to blame. He then called Alex. McKenzie, sworn, deposed t I know Mr Pago very well. I know the Masonic Hotel. I remember being there on the sth inst. I was staying there. I was in the passage and saw natives there. I saw Poulgrain and a Maori woman there in a little room. There were a great many people there. Mr Robert Cooper and Mr Thomson, and others. I was there all the time. I saw tho police go in. I saw no misconduct between Poulgrain and the girl. He was not noisy. I saw his arm round the woman. He was not struggling with her. Cross-examined by Sergt. Bullen: The first time I saw the man and woman was in the little bar-room sitting together on the sofa; his arm was round her waist. I took no notice of her conduct. Nothing at all occurred. I was not in tho room, but in the passage I could see into tho room and everything that occurred in it- I never heard the woman cry out. I saw two natives there. I saw one of them take the girl by the hand. I saw Poulgrain getting up, and the native man fall. Mr Page was in the bar; ho came into the room just then. I spoke to him, but I can’t say what he said. He came in and spoke, but I could not hear what he said altogether ; he certainly said he would have no quarrelling, or something to that effect. The man and woman wore still in the room. There was a crowd of people in the passage and in the room. Samuel Stevenson said he had known Mr Page for some ten years. Remembered being at the hotel one night when Hiria, commonly called “ Chinaman,” and young Poulgrain were present. Did not see Poulgrain misbehave himself. Was in the Masonic until the police removed Poulgrain. Did not hear the woman call out. Would have told Mr Page if anything wrong had been going on. First saw Mr Hamlin and Hiria together. When Poulgrain i came in Hiria addressed him, saying, “Hallo Charley.” Poulgrain then asked her to have a drink. They camo

into the room and sat on the sofa. Hamlin went into the passage. Poulgrain had his arm over the woman's shoulder, but witness did not see him kiss her. Era came in to take Hiria away. She held on to Poulgrain and Eru through pulling fell on his back. Poulgrain did not strike Eru. but he said to the native “I’m only a young one,but don’t interfere with me.” Witness said he was positive Poulgrain had not struck the native. Mr Page ■came in then and said he would not have any disturbance. Poulgrain then took a seat on the couch. William B. Mill was called, but stated he did not see Hiria in the room and was not present when the police took Poulgrain away. John Dick, a gardener, deposed he was present when Poulgrain and Hiria Were on the sofa. Poulgrain’s arm was on the back of the sofa and Hiria was leaning against it. Eru slipped down and when on the ground did not look like a man who had been thrown down or knocked down, as he was sitting on the floor. There was nothing in the way of a disturbance to take notice of. Daniel Page deposed: I am the proprietor of the Masonic Hotel. I have been 13 years a publican, and have had no complaints. I saw Poulgrain and Hiria on the night of the oth. No ■complaints were made to me, and I heard of no disturbance until Eruera "was pushed down. I told Poulgrain that if he made a disturbance I would turn him out. Hamlin had been there With a number of others. Poulgrain •sat down after I spoke to him. I knew of no immoral conduct, and heard nothing about anything of the ■sort until I got the summons. His Worship said he was very sorry sorry the case against Poulgrain had been introduced, but he must express his opinion that he deserved his punishment. His conduct had been not only immoral but disorderly, and tho evidence had not shown it had been anything but that. His Worship then reviewed the evidence adduced for the prosecution which he said he must accept as he could not put from his mind the testimony of Mr Hamliu. The information as laid he would, however, have to put on one side. He must, therefore dismiss the case. Had the ■charge been laid under another section of the Act, a conviction most hace •ensued ! ! ! This was all the business.

For continuation of news see 4th page.