Resident Magstrate's Court. TE AROHA. TUESDAY, SEPTEMBER 17th. [Before H. W. Northeroft, Esq., R.M.] Charge of Larrikinism.

Te Aroha News, Volume VII, Issue 404, 21 September 1889, Page 2

Resident Magstrate's Court. TE AROHA. TUESDAY, SEPTEMBER 17th. [Before H. W. Northcroft, Esq., R.M.] Charge of Larrikinism.

Police v, Nicholas Cleary, Chas. H. A. Tonge, John Medhurnt, and Edward Mci cer : In thih case the defendants were charged with : (1) Unlawfully breaking the out door night lamps of tho Family, Hotel, Te Aroha, on 6th September, 1889 ; (2) Unlawfully removing the gate leading into the back yard of the Palace Hotel, on SeptPinber6th,U?B9 ; (3) unluwfultyremoving the steps at tho batk of the Tw AuoiiA and Ohinemuri News Office, Te Aroha, and oveturninar the water cloact, on September 6th, 1889. Sir Win. Wastney, solicitor, appealed for defendants. With resper-t to the first charge, defendant's solicitor claimed that the inf( rmati^n was bud, not being m accordance with tLe wording of the statute under which it was laid (the word "unlawfully" beinef used, in-tead of •'willfully" or " maliciously," or <c wantonly"), and also that it could not be amended. Tho R.M, upheld the contention, r.nd dinmiased the first chatge on the.se, giounds, the police withdrawing the othbi two charges ; hut by consent of defendants solicitor, frabh informations wcie at once Hid with respect to the second and third charges, and the cube proceeded with. Defendants pleaded not gulfy. All the witnesses were ordeied out <>t Court. Si rgeant Emerson conducted the prosecution, and in opening the cahe said it was one of tho nv»at peculiar he ever hid to. deal with. I*ato on the night of

the sth, nnrl enviy on the morning of the 6th inst., the defendants were the only persons seen about the streets, nn'l on the morning of the 6th, netirly nil tlie plank crossings hading fiorn the streets on to the footpnthfl were found, torn up, prntp^ had been unhung and ot tried /iwny, planks placed asrain^t peoples door=?, etc., etc., in fact there wus a general outcry for tlie arrest of the guilty pnrties. The following, amongst other witnesses, were examined on oath : George Ebert, proprietor of tlte Palace Hotel, who deposed to finding on tin morning in question that his back yard gates had been unhung and carried porno distance off. John OBrien, settlor, residing at Shaftesbury, Rtated ho knew all tho defendants. He was in Cleary's com* pany that night from about 9 p.m. to 11.30 p,m. ; at which time he (witness) went down *o the Family Hotel, accompanied by Cleary, nnd asked for « bed, bin rot being admitted, n«tnrned up the street with Cleary, got his horse out of Wood's yard and went home. Was not sure at- 1 to the hour he loft for home. Would not swear he left the town by 12 or I o'clock that night. Saw Med hurst down nt tho Family Hotel th?t night along with somo others. Mrs Downes stated that she admitted ■ two -or three persons on the night of the sth to the Club Hotel, by the fiont door, about 12 o'clock. Had no light with her j when she opened the door, but recognised Cle-iry and O'Biien by their voice*. Supposed they carve for drink, but did not supply tliem, and they left again by the back door. R. S. Brown, fathor-in-lnw of the licen v ee of the Family Hotel, stated ho saw Medhurst nnd OBrien about half past twelve or somewhat later, come to hill bed room window at the Family Hotel, wanting to be admitted. Refused to admit them. The window was not latched and Medhnrst lifted tip the window, wanting to force Ina way in, threatened to throw a dog in because he refused to admit him, and called him a b SOiftOO . He had a lighted candle and candle-tick in his hand, which he recognised as having been removed from the lamp over the hotel door. Win, H. Thomson, licenseo of the Family Hotel, stated he saw Tonge and Medhnrst on the footpath in front of hishotel between 12 and 1 o'clock on the night in question. Moses Hotchin, boarding house keepor (who answered the questions put to him by the Sergeant in such an unwilling manner, that tlie R.M. remarked it wan quite evident he was a hostile witnesh), pelted two of his hoarder*, Mwdhuist and Tonge were out late on the night in question. Ho let ono in soon after twelve, and tho other aft«rwar*K how lon-^ afterwards he could not say. Wou'd swear he never s.iid to any one he knew the persons who did tlie damage, but that he would not tell on them. Medhurst and Tonge were Mil! boarding with him. WMiain Unwell. Countable of P lice stationed at Te Ar»ha, fUtt;d he -aw thr -c ot the deloiidiints, Clo.in, Medhuist ami Merc- r, with anuthi-r in »n come out on tie Htiect about half-past twelve tint night, irom the back y«.rd ot the Club Hotel. When he n.iw them come out bfr was '•tniding a short di>tancf off, and tlie\ w oie laughing about "Oiin'thiiig that had* happened, or w a- to happen. The dotunduiits wore all exa'iimed at con idorahle lenuth, and each denied being in any way concerned in the mischief done on the night in question, but admitted they were about the streets at ii rery late honi that night. Hi* Worship in delivering judgement said there could be no doubt the damage was done on the ni^ht ii question. No matter whether it was niorallv certain who did tho mischief, if there was a doubt the defendants were entitled to it, it being better th- t ninety n'ne guilty persons e«< ape rather than that one innocent pernon should bj punished. He did not consider Cleary gave hi* evidence in a straightforward manner, there waa evidently n something behind. In his mind most suspicion fell on Cleary. and next to him on OBrien, The reluctant and hesitating manner in which' these two gave theirevidence was decidedly against them. There could be no doubt the mischief was done by some person or persons of matnra age. He hoped the pres°nt case would prove a jvarning ; for if convicted he should bo inclined to send men of mature age to Mount Eden to thero cool for u time, without giving them the option cf paying a fine. In this ca"e he did not consider the charge had been proved, and the accused would therefore be discharged as not guilty.