Police Court. PAEROA, THURSDAY, OCTOBER 24, 1889.

Te Aroha News, Volume VII, Issue 414, 26 October 1889, Page 2

Police Court. P AERO A, THURSDAY, OCTOBER 24, 1889.

[Before Messrs N. Kenny & J. Ilott, J.'sP.] Breaking and Entering : Lawrence McDonald w»\s charged that he did on Saturday Oct. sth, break into, steal, take, and carry away from the bar of the Mackaytown Hotel, certain bottle 1 * of spirits, etc. [This case was partially heard on the Thursday previous, 1 7th inst, nd adjourned for one woek owing to the lateness of tlie hour, the Court having been' occupied in hearing other charges against the same prisoner.J The evidence of Carroll Nash was taken on Thursday, last week, and vas as follows ;—; — Carroll Nash, sworn, stated : I am the proprietor of the Mackaytown Hotel and reside there. I know the accused, and remember Saturday ,• sth Oct. I left my home about half-past 11 a.m. that day. Before I left home I locked the two doors that lead to the bar, both the street door and also the door lending to the bar-parlour. The key of the street door I left inside in the lock ; the key of the inner door I put under some papers in a little box on the mantelpiece in the bar parlour. I left Legrene in the house, and the accused was cutting ti-tree for me close by the hotel. My two boys who livo with me, one, Dan Keleher, was working in j;he batteiy ni Kurongahake, andthe other, John Keleher, had gone with the Pieroa-Karangahake mail bags. I did not give act-used or any other person authority to remove the key, or upon the bar. Wluui I left home the accused was sober. I next saw accused about eight o'clock that evening in Paeroa, he was thou under the influence o£ liquor, I arrived home about half-past nine p.m. About an hour or two after my returrl ".ccused cume back I went into the b<ii that evening ; and I missed some bottles ot whisky from 'the Bhelf. On Snndax morning 1 made a closer examination, and found that two bottles of whisky, and t bottleof schnappswere missing,also abottle or two of Bullish ale, and I believe othei beer had also been taken. I had two brindf of whisky in stock on the dato referred to, one " Cock of the North," the second " Walker's." The bottle now produced exhibit A., is exactly similar to those used for tho whisky bearing " Cock of the North " brand. Walker's whisky is bottled in white glass bottles, like the one now produced, exhibit B. The bottle produced, exhibit C, is similar to the bottle of schnapps taken from me. I never sold the accused my bottles oi whisky, schnapps, or English beer. By Accused : I had no suspicion that you knew vhere the »cey of the bar was It was only known to myself and my two boys I never daw you bt.i} ing about in the bar parlour,biit you weie not prohibited fiom going into it. Henri Lagrei.e (coloured man), sworn : I am a labouier, now residing at Waihi. and kno •/ acciued. On Oct ib-jr sth I was I living at Nash'd hotel. When Mr Nasli left that day for Pa' Moa he left me in the house. His two boys weie away. The accused was cutting ti-tree a short distance off ; and about twenty minutes after Air N'ash left for Paeroa accused emu hack to ilia hotel, 'lie had a broken lull hook with him. He asked for John Keleher. F told him he was away at Kaiangahake. J')lm Ke'eher soon after came back, but left again in a short time Afti rhe w.is gone accused came in and a^ked me ie there was any ' booze ' about. I rep'ied there was none, that the pi. ice was shut up and I did not know vhere the key was This conversation took place in the dining ro mh. The accused then went out to fix hit. I o k at the back of the house. He was souer. 1 went into my bed room and lay down on my bed to read. About an hour afterwards accused came into my bed loom with a billy of beer, and said to mo ' here is some beer you can have a diink I have found the key.' I had a drink, but remained lying on the bed till I fell asleep. Some time in the afternoon I went into the dining ioon> and found accused and Dun Keleher there. Tho accused nsked Daniel Keleher for a few shillings stating he was going to Paeroa. At this time he was nearly drunk. - Dan Keleher gave him a few shillings, after which he went away. I next saw him that night when he came horne 1 , sometime after Mr Nash had returned. On the next morning (Sunday) a man named Dodd came down to the hotel and cut the accused's hair. In the afternoon accused said to me and Dodd ' come and look for some eggs,' and we all went down to the river bank. When we got dofvn there Dodd and I were on one side of the track and accused on the other. Accused stopped and called us back and pulled outirom a litttle patch of ti-tree a bottle threa paUsfull of whisky, the bottle was similar to the one produced, exhibit B. He* handed me the bottle, and Iliad a drink out of it. tt contained whisky, I asked , accused m where ,, he got; _ it, and he replied ho bought if in ~Paeron.” Accused and I had been staying together at Nash's for about nine,* .weeks prior to this time. I never saw the accused with a bottle of spirits previous to this, he generally drank"* beer. Whilst I was having the drink accused said, " We'll give the old b^*^^ a start," or some such words. ■ On other occasions I have heard accused say he would like to give old Nash a $tart before he left the place. Daniel Keleher, sworn, stated : Remember Saturday, October sth, Returned home to Mr Nash's hotel between 4 and 5 p.m. that day ; accused and Henri Lagrene were there. Accused appeared the worse for liquor. He asked me to lend him 3s, as he was just going, into Paeroa ; and he then left for Paeroft.-' -About twenty minutes afterwards my brother John came in, and opened [the Jmr ; I went' with him into the bar, and noticed that bottles were missing from lihe bare appearance of some of the shelves.'' I "also noticed that the vent peg in the beer barrel was broken. L did riot sell the. ace.used any jjottles of whisky, schnapps, or beer. It is usual for me to serve at the bar when I am at home, for Mr Nash. Mr Nash is the guardian of mj'self and brother. I have been living with Mr Nash for the past nine years, and my brother for four or live years. By the Bench : The bar is under the same roof,, and forms part of tho dwelling house, and communicates directly therewith. The bar was locked when my brother, wont to open it, I saw him unlock it with this ke,y, which he took out of a little box that was on the parlour, mantel shelf, where it was usually kept. I knew it was bottles of spirits that had been taken from the shelves. John Keleher, sworn, stated : lam a labourer living at Mackuytown » Reside

there at Mr Hash's public house with my brother, the last witness, and know the accused. 'Remember Oct. sth. On that day I went with the mails from Karangnhake to Paeroa, and returned, home about half-past four. On tny return I saw my brother and Lagreme in the dining room* I went and took the key of the bar out of ihe box on the mantelpiece, and opened the bar by the d6or leading into the bar from the parlour. It is my work to open the bar and sell liquor in Mr Nash's absence. The accused was not about the premises at this time. On entering the bar I noticed that the shelves looked rather empty, nnd on examination 1' found that one bottle of Walker's whisky, one large v ' , bottje of schnapps, and a bottle of Cock of the North whisky were missing. The empty botiles now produced,, exhibits A, B, and C, are similar to the three bottles taken. I never sold accubecl any bottles ot whisky, schnapps, or beer. The first time I *>aw accused after my return home that day was about 9 p.m., after Mr Nasfo had returned from Paeroa, "William Dodd, sworn : Am a miner residing at Mackaytown, and know the accused . He came to my house about eight o'clock on the morning of Sunday October 6th. wanting to have his hair cut. I promised to go down to Nash'u after breakfast and cnt his hair for him. H* left a bottle on my side board, stating it contained ium, and said >'* It will do for you to have a drink," the bottle was nearly half full. During the clay I poured out some of the contents of the bottls for another peison,! did not taste it but knowit was rum. 1 afterwards handed over thebottle to Constable Mitchell. The battle was just like the one now produced,, exhibit A . I went to Nash's after brealcf.ist and cut accused's hair, and , whilst doing so he produced a small bottle o£ English beer, drank himself and- handed it to mo to finish ; when I had finished the bottle Ijr said, I don't want Nash to see tlii , ar.d put the bottle in a small keg of dirty water standing in the outhoube whereh was cutting his hair . About •an hour or two aftei wards accused asked me andLagrene to go down to the river bank,. and we all three did so. I saw accused leave the track, go aside into the ti-tree, take up a hottle ; he brought it up to mo and asked me to have a drink, it was whisky. The bottle produced, exhibit B, is like the bottle refened to. I did ndt take any of if, but Lagrene and accused had some, afterwards accused put it back in a ti-tree bush near Mr Na&h's garden* About this time accused, referring to Mr Nash "I (or we) have given the old b OSOOi * a start." In reply to a question from me as to where he got the whisky, accused replied he bought and paid for it. By Accused : You di i give me money that Sunday morning down at Nash's You gave me Is ; not 3s. lam sure it was in the outhuuse where I cut yow* hair that you gave me the bottle of beer. I did not take it off" the heap of potatoes in tho houic It was before dinner that we went down towards the river. I did not astc you to go into Nash's kitchen and take down one of the hams, and give it to mem u sack. I did not go into Mr Nahh's kitchen and cut oft' bacon, and take it away in mv pocket. Win. Henry Carter, sworn, stated : Am a 'ninfr, residing nt Mackaytown, and know th© accused ; also the small house ho occupied at Mackaytown «. I remember c tiling ut his house on Thuisday, 10th October. He asked mo to hive a drink, nt the samo- time producing a large sizoschnapps bottle, similar to the onfl produced, exhibit C Tho bottle was nearly full of schnapps, I had two drinks out of it. I asked where- he got it, and ho replied at Nash's. By Accused : I can swear it was; schnapps I got from you. that day. Constabla A. J. Mitchell stated ho was police constab'e stationed at Pneroa, and on Friday, Oct. I lth. accused was in PaerOA lock up on another charge. During, the afternoon of that day the accused remarked to mo, " We gave old Nash a shock for some prog,. 11 I did not then understand what 113 meant, i.q* robbery having been reported to me by Mr Nash, and I asked him what grog, to which -he replied " two bottles of whisky and some beer," I asked him when that occurred, and he replied, "On Saturday afternoon, whilst old Nash was at Paeroa." He said' Nash had not missed it. Accused gave me to understaud there was another in the. affuir along with himself. On the morning of the 11th, when 1 arrested accused I" found tho schnapps bottle, exhibit C, in his swag ; there was a little liquor in it — I think schnapps. On the 16th inst. I received the bottle, exhibit A, from the witness Wm. Dodd. By Bench : On Saturday, 12th inst , I. first heard that a robbery had taken place from Mr Nash. The accused, who made no statement, reset ving his defence, was committed for trial at the next sitting of the SupremoCourt, 1 Auckland, the various "witnesao being over to prosecute. , ' Assault : . . .Walter Scott,; ' carpenter, of Paeroa, was charged by the policethat he did, on October 18th, at Paeroa, unlawfully assault and beat 1 his wifeEllen Scott, by striking her about the head and body with his fist, and kicking her. Defendant pleaded not guilty. Constable Mitchell conducted the prosecution. Several witnesses were examined,. The accused was convicted of the offence, and fined £5, and costs 30$ ; or in default one month's imprisonment with hard labour j also being bound over to keep the peace towards his wife for threemonths, himself in £40 and two approved sureties of £20 each. Further charges were heard against the same party yesterday, a report of which will appear in our next issue.