RESIDENT MAGISTRATE’S COURT.-GISBORNE.

Poverty Bay Standard, Volume XI, Issue 1366, 9 October 1883, Page 2

RESIDENT MAGISTRATE’S COURT.-GISBORNE.

(Before J. Booth Esq., R.M.) Saturday. Vagrancy. William John Kurtiu was brought up, charged by the police under the Vagrancy Act, with loafing about without any visible means of support. Mr G. K. Turton appeared for the defendant, who pleaded not guilty. Mr C. E. Morgan Morrice knew the defendant, who came to the office about a month ago, and addressing him by name, asked if witness could inform him where he could obtain some employment, as he was in great want. He also stated that he could do any work, and as to gardening, he was the equal of any man in tho Colony, and had worked for upwards of three years in a nursery in Christchurch. He also said that he had not tasted food for some time, and wanted witness to lend him money. He took prisoner home and gave him a dinner, and offered him work in the garden, which he promised to come and do at 6s per day, commencing on the morrow. The prisoner never came to do the work. He asked witness for money, but was refused, and told him that he could have his money every evening if he chose. Witness spoke to several other gentlemen about employment for the prisoner, and amongst others Mr J. Brown, who promised to give him several days employment at gardening. Mr Melville Smith offered him two months work at gardening. The prisoner never came to do the work. By Mr Turton : I gave him no money. I gave him a meal. He did not come to work.

Mr E. Harby.—The prisoner called upon him and said that he had been burnt out in Auckland, and had lost everything, only just escaping with bare life. He had sent his wife and family to Taranaki, and Captain Carey had kindly given him a free passage down here. He said he had spent his last half-crown, and asked witness to lend him 2s. He did so and prisoner went away. By Mr Turton i I once before lent money to a person, who never paid me. Mr J Brown knew the prisoner from an introduction by Mr Morrice. Prisoner said he was in great want, and had been burnt out and compelled to send his wife to Taranaki. He begged for employment, and asked witness to lend him 2s. He was engaged by witness to work in the garden at 6s per day, but excused himself from working that day, as he had to do some for Mr Bennett. Witness went to see Mr Bennett, who told him—

Mr Turton: Never mind what Mr Bennett told you. Did you see the prisoner there ?

Mr Brown.—No; he had just been kicked out (laughter) J Mr Turton protested against Mr Brown making such statements. Mr Brown—The prisoner never came to do the work.

Mr H. E. Kenny.—About two or three weeks ago the prisoner came to his office and said he had just arrived per steamer, and was very hard up and wanted work; that he had been burnt out at the Thames, and had lost all he possessed ; that he had been compelled to send his wife and family to Taranaki ; that Captain Carey had given him a free passage here ; that he had tried very hard to get work and could not; that he knew witnesses cousin at the Thames : that he had not broken his fast for 36 hours, and was very hungry ; that if he could only get money he would go out to Ormond, where he could get plenty of work. The prisoner was sober and looked very miserable, and he gave him 6s. Witness afterwards spoke to Mr Bennett about prisoner, who had stated that he could garden. Prisoner called again next day and told witness that lie had obtained work without going to Ormond, and asked for 2s 6d more. Witness refused to give

him anything more as he smelt strongly of drink.

By Mr Turton ; This is the first time he had ever been done in this manner, He once lent 10s which had been paid. Mr G. L. Greenwood.—Prisoner met witness and told him that he was unable to obtain employment here ; had been burnt out in Auckland, and just escaped with bare life ; showed the scars of the burns. Witness gave him 10s. The next day prisoner called upon him and asked him for 2s, saying he wanted it to telegraph to his wife to tell her that he had obtained employment, By Mr Turton : Had seen the prisoner once since, when he offered to assist him in the office without payment. Mr C. D. Bennett—About three days ago the prisoner came to him and asked for work. Witness agreed to give him a week’s employment, when the prisoner asked for 10s in advance, He came to witness next day, and said he had been in tile garden before he was up. He was then drunk, and witness sent him away. Mr R. H. Fisher—The prisoner called at his office on September Bth, and said he had been burnt out and had sent his wife to Wellington. He gave prisoner a cheque for £l, and he again called on the following morning and asked for a further loan of 4s. Witness told him he was auro he could not have spent the £1 properly, and that he would not get any more out of him. Sergeant Bullen—Had seen the prisoner arrive here about a month ago. Since that time he had done no work, aud had rarely been sober. He had seen him loafing about and springing on Maories and everyone else. He had prisoner under observation but lost sight of him for some ten days. The last week or two he had been again constantly loafing about and drinking out of the Maoris measures. He had laid the present information against him.

By Mr Turton—He had not questioned the prisoner. He had not taken these steps through being influenced by an article in the ‘ Herald.’ Complaints had reached him and he had the prisoner under observation long before the article appeared. He often saw plenty of people hanging about Dickson’s and Page’s corner, who had no apparent means of a livelihood, and wondered how they got their living. Mr Turton said it was seldom thia charge was brought against a man. The evidence only went to show that money had been obtained under false pretences. He had little doubt but what the police had been influenced by an article which had appeared in the papers. Now he would just mention three cases which had appeared iu the Gisborne papers during the last week which tended to show what little reliance could be placed in them. In the early part of the week an article had appeared in the * Herald ’ commenting on a case which had come before that Court—Spearman v. Lewis—the tone of which was diametrically opposed to the truth, and to the evidence adduced. In another case in which he was engaged, the Standard had set forth that his client was charged with the larceny of an 11 entire gelding,—the word gelding being spelt with two i’s. In the third instance the editor of “Facts” had followed in the same steps as the * Herald ’ in the case of Spearman v, Lewis, that, no doubt being attributable to a mistaken report of hie sommulent reporter, as he was sorry to say that the clever editor was unable to get out to see for himself. Ha mentioned these facts to show that no reliance could be placed iu what any papers said—especially Gisborne papers. The prisoner had been charged with borrowing a few shillings for the purpose of obtaining drink, but he could assure His Worship that in the thirsty hours of the morning a man could not go a yard down the road without being stuck up a dozen times with piteous appeals for 6d. Gisborne was noted for its low moral tone in this respect, A man could not go in for a drink without some one pushing forward with “well, I don't mind,” or "have you got a match,” or “ O I yes, I’ll join you,” or pleading in the most piteous tones, “ for heaven’s sake save mv life." This man had been charged with loafing about without any visible means of support! but there were dozens loafing outside the hotels daily who were always on the same racket. Why did not the police start with some old hands and make a speedy clearance ; why select this stranger. He submitted that the present charge must fail inasmuch as it did not bring him under the Vagrancy Act. His Worship said the evidence fully

proved that prisaner had been leading a worthless life loafing about, sponging and imposing upon everyone he could. He was vn idle worthless vagabond. He should sentence him to 30 days hard labour in tbe Gisborne public gaol. Assault, F. Phillips, of Patutahi, was brought up charged with assaulting a lad named W, Carron by knocking him down and kicking him. Mr Kenny appeared for the complainant. W. Carron, who was sworn after stating that he knew the nature ot an oath, stated that he was going through defendants paddock for some cows, with a whip in his hand, when just as he got through the fence, tho defendant came and knocked him down and kicked him.

Cross-examined —He did not frighten any horses. There were some horses in the paddock but he did not frighten them. The evidence of this witness was corroborated by his brother and sister, The defendant said he was sitting at tea when he heard a whip crack, aud as he had had a young horse very much injured before by the complainants he took hold of the boy by the shoulder and pushed him. The boy fell down. He distinctly denied striking him. He had a very valuable horse in the paddock which was much alarmed at the cracking of the whip. His Worship said no doubt the defendant had received great provocation, but as he had taken the law into his own hands he must punish him. He would inflict a fine of 5s and costs £1 16s. The fine was immediately paid.

Foul and Abusive Language. A native named Manera was charged by Sergeant Bullen with using profane and abusive language in a public place. The prisoner, who pleaded guilty, was fined £2, iu default of payment 48 hours imprisonment. Monday. H. Cannon v. Joseph James. Claim £3 Ils Od on judgment summons. An order was made that the amount be paid by instalments of 5s per week.