RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Poverty Bay Standard, Volume XI, Issue 1312, 21 April 1883, Page 2

RESIDENT MAGISTRATE’S COURT.—GISBORNE.

Thursday, April 19th. [Before J. Booth, Esq., R.M.] Indecent Exposure. Solomon Black was charged on the information of Sergeant Bullen with exposing himself on the 18th inst., in Childers Road. The prisoner pleaded guilty’. Fined £2, and in default 14 days Larceny. S. M. Wilson was charged, on the information of G. H. Hicks, with stealing a bundle of newspapers from him, valued £5. When the case was called on, Mr Turton, who appeared for the defendant, said before the case was gone into he would give the prosecutor an opportunity of withdrawing the charge, and making a public apology tv his client, and so prevent any subsequent proceedings being taken against him (the prosecutor). Mr Hicks declined this offer, and elected to go on with the case. G. H. Hicks : I am at present a laborer at Matawhero. I know S. M. Wilson. The day before yesterday, the 17th, I went into Wilson’s hotel. I had a bundle of papers with me which had. been given me by Mr C. Webb, at the Standard Office. After I had been there a short time Wilson came and asked me W’here I got the papers from. He accused me of stealing or taking them from his premises. He turned me out of the hotel, and took my papers from me. Cross-examined by Mr Turton : I got the papers from Mr C. Webb at the Standard Office. He gave them to me as a friendly act. I am not in their employ ; I was a short time back. I wanted the papers to read. 1 do not know the dates of the papers. 1 had no opportunity of seeing, as I had not opened the bundle. Some of them had possibly been cut for sub-editorial purposes. They might have been lust year is for what 1 know. The name of Mr Barnes was on one of the papers—on an “ Observer,” in the right hand corner. I have no mark whatever by which I could recognise the papers. I

simply wanted the papers to read. This is ' a bundle like what 1 lost. I don’t see any ■ name of Barnes on these papers. I went into the back-room behind the bar. I went into the house to enquire for a gentlemen. I did pot lay down in that room. I did not recline in a chair, I don’t remember whether I had any drink. I had drink before going I to Wilson’s Hotel. The time was between 1 and 2 p.m. Between breakfast and dinner time I had two long beers. I had the papers with me when I first went into the room. They were rolled up and bound with string. I went into another room for mere curiosity. I don’t remember whether I was invited into the other room. When I went into the room there w ere two or three persons there. There were two or three papers on the table there. I did not open my bundle of papers there . 1 looked at the papers on the table. I had a drink iu that room. I know W’hat exchanges are. Ido not remember looking at j a copy of the “Observer” on that day. I do not remember what papers I saw there. (A bundle of papers were here putin). Ido not remember whether I saw these papers in Wilson’s or not. These arc not the papers, to the best of my belief, that I lost, as there is an illustrated one amongst them. I could not recognise the papers I got from Webb. I had been in the room a few' minutes when Wilson came in. There were one or two in the room at the time. Wilson first asked me where I got the papers from I had with me. I was then reading the paper. I told Wilson they were my property, and that I had them given me at the Standard Office. He accused me of taking the papers from his reading room. He pointed to the roll of papers when saying tnis. The roll was by my side. I denied having taken the papers, and informed him they were my private property, The roll was tied up at the time. He then ordered me out of the house. He took the roll and claimed them as his property, and said, “These papers are mine,” or words to that effect. 1 tried to prevent him from taking them, but he took them by force. If two or three state that Wilson did not take the roll of papers from me, but took some loose papers from under my coat, it will be untrue. There might have been others present, but Ido not remember. I did not see Miss Rance in the bar. I believe I saw Wilson there. I went and laid down after taking a drink. A female told me to get up and go into the next room. I don’t know now I got into the next room. I was the worse of drink when I laid down.

Charles Webb : I remember giving the prosecutor a bundle of papers. I do not recognise these as the papers I gave him. I gave him some “ Observers.” By Mr Turton : I tied the papers up into a roll and gave them to Hicks. I gave them to him in friendship. This was about one o’clock. Hicks had had a little drink. He was perfectly able to take care of himself. He had not had too much. I do not know where Hicks went when he left. Mr Turton here stated that Hicks never brought any papers into the hotel, but took some of Mr Wilson’s papers and put them under his coat. Mr Wilson took these from him and turned him out. Mr A. Biddles : I am a Commercial Traveller for Dawson, ironmongers of Wellington. I remember the 17th. I was in' the Albion Hotel in the morning. I saw Mr Hicks there. I saw him in the back parlour. I was not in the room, but I heard Mr Wilson talking to Hicks. He said, “ You had bettor lot them alone,” I asked Mr Wilson what was the row, He said “ This man Is taking my papers, I must look after him.” Ho went Lack into the room after serving us. I went in with him and saw Hicks take the whole of the papers off the table, roll them up, and put them under his coat. Mr Wilson took the papers from him, and opened them, and told him he could not stay any longer in the house. I saw one of the papers, tlierc was «n “ Observer ” amongst them. I have no doubt about these being the papers Mr Wilson took from Hicks. The papers were ■di loose. I saw no papers tied up. Mr Wilson turned him qut and throw him his overcoat. Mr Hicks never chimed any papers at the time. Hicks was not sober, The evidence of Mr Biddle was confirmed by another gentleman who was present at the time in the hotel. Miss G. Dcßanso s I remember the 17th Inst. 1 was acting as barmaid at the Albion Hotel. I saw Mr Hicks lying on the sofa, Thera was no ether female there besides myself. I did not rouse Mr Hicks. I am aequafnted with the papers Mr Wilson keeps. I know that Mr Wilson keeps the “ Observer.” He has a file of the P. B. Standard and the “ Evening Post.” I recognise these papers as Mr Wilson’s property. I have the control of all the papers. This closed the case for the defence.

In dismissing the case, His Worship called the prosecutor forward and said there was no doubt but that you were under the influence of liquor at the time. I really believe that you did not know what you were doing, and that wnen you made the charge you really believed the papers taken from you were your own property. I cannot think that you have committed wilful perjury, as I believe that you did not know what you were doing at the time. You should bo very careful when laying an information of this kind. You will have to pay two guineas costs, or in default, go to prison for 7 days. The prosecutor asked for a little time to pay, and was allowed until Saturday. Larceny.

Enoka Whakato was charged on the information of Constable Stagpole with stealing 4 doz. porter from Mr Finlay, of the Sea View Hotel, Tologa Bay.

The circumstances of this case arose out of the fact (as reported in our previous issue of the 14th inst.) that Mr Finlay left a full case of beer, amongst a number of empty ones, on his verandah, where the natives utilised them as seats. By some means the natives found out the full one, and getting intoxicated on the contents, began quarrelling about a woman named Pipf The prisoner in revenge for some threats of the woman leaving him, and being turned out of the whare they had been carousing in, struck a match and set fire to th«* house, and fetching his gun fired several shots at the party. J. Finlay deposed : On the night of the 10th inst., there was a case of beer on the verandah of his hotel. Subsequently he found the case had been emptied and the contents stolen. The beer was worth £2 Bs. Apiata to Hame deposed : I live at Waitotara. I know prisoner. I remember the 10th. The prisoner came to my whare and brought some bottles of beer. He was drunk at the time. Ruhia te Hame, the wife of the preceding witness, confirmed her husband’s evidence. M. D. Stagpole, constable at Uawa, deFosed : I know prisoner, and arrested him. charged him with stealing porter. I explained in Maori the charge preferred against him. Prisoner said he did not know what he was doing, and was mad from drink. He acknowledge to having taken six bottles out of the case. He did not break open the case. This closed the ease for the prosecution. The prisoner here said he did it when he was drunk. He would not do such a thing when he was sober. His Won-hip here remarked that it was a great temptation in leaving the beer on the verandah. Prisoner was sentenced to .30 days’ imprisonment in the common jail at Gisborne, with hard labor. Arson. The prisoner (Enoka Whakato) was then charged with having maliciously set lire to a whare on the 10th inst. Apiata te Hame deposed : I know the pri-

soner. We were there all together at my house on the 10th. When the prisoner first came to the house he was quiet, and had nothing in his hand, He came again at night with 9 bottles of beer. We had some con 4 venation about a horse. We both got angry. I know Pipi. The prisoner and I had smntt words about her. I said to prisoner, “ ¥ou must cease your boating of Pipi.” I said to Pipi, “If he beats you you must leave him.” Pipi had complained to me that prisoner had beaten her th&t night. Pipi said “if he beats me again t must leave him? It was on account of this that the prisoner burnt down my whare. Para Hera deposed : I remember the 10th of this month. I was at the whare on that night. I remember the prisoner coming there with some beer in bottles. I know a woman called Pipi. I heard a conversation about her between the prisoner and last witness. I heard Pipi say she would leave the prisoner because he beat her. She was advised not to leave him that night. I hoard soma quar* reling between them. Apiata and prisoner ware struggling on the ground. I did not hear the prisoner threaten to shoot anyone. He went outside and said, “I will burn this house with fire. He then struck a match and put it up under the verandah. It Went out. He struck a second one, and it went out; aud then a third, with which he Mt fire to the house. Apiata called out, “put out the fire or we shall all be burnt.” I endeavored to put out the fire, but could not, it spread upwards. There were a number of people in the house at the time—nine and one child. After hearing the evidence, His Worship • committed the prisoner to take his trial at the next criminal sitting of the Supreme Court, to be holdea at Gisborne in June next. Friday, April 20rn, 18# . Fixx v. Irvixe & Davidsox. His Worship gave judgment in the aboXe case, and in the course of his remarks stated that the defence set up by the defendant, had been entirely disproved by the several witnesses called by the plaintiff, notably that of Mr Gannon, Native Agent) Mr Gray, Registrar of Native Lands Court, and Mr Shrimpton, who produced the telegram sent by defendants to plaintiff, this cleaity show* ing that a partnership existed between the - parties. The judgment would be for the full amount claimed, viz., £5B 10s 2d, and coate £9 10s. Nopera Rongaoroa was charged with drunkenness whilst in charge of a horse. The prisoner pleaded guilty to the charge, and was fined £l, or in default 7 days' un> prieonment. Pera Hoka was charged* on the informa* tion of the County Clerk, with a breach of the Dog Act, by having four dogs in his pos> session unregistered. t After the evidence was taken His Worship I fin.d the defendant Is for each dog, and | costs l"s. His Worship also warned him that if brought up again a heavier fine would be inflicted.