RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 1565, 7 April 1887, Page 2

RESIDENT MAGISTRATE'S COURT.

Temuka—Wednesday, Ami. 6, 1887. [Before J. S. Beswtck, Esq., R.M., and J. P.M. Hayhurat, Esq., J.P.] DRUNKENNESS. A first offender was fined 53 for drunkenness in Temuka, TRESPASS. Forbes Keith Gray waH charged on the information of J. R. Gilliat with having unlawfully trespassed on the property of the latter. Mr Tosswill appeared for the accused, *ho pleaded guilty. He said on the 30th March he was at Mr Qreenaway's place. Coming home he tied his horse to a fence near Mr Gilliat's and went across the river, coming out near Stewart's place. He thought it was Stewart's Knd, where he had ehot before. Bafore he got home he was told it wasGilliat's land, and immediately sent an apology. He sent the apology on the 31st March, and received the summons on the 2nd April. He did not see anyone in the paddock, neither did ho see any sheep there. Would not have thought of trespassing there had he not thought the land belonged to Mr Stewarf.

Mr Gilliat made a statement to the (•fleet that there were 600 aheep in the paddock. To the Bench the accused said he could not say whit was the size of the paddock, but he saw no aheep therein He was only just inside the fence. He crossed the creek and walked inside the fence a'l the way down at a distance about six feet from it. His Worship said he must convict, but a very small penalty would be sufficient. Accused would be fined 103 with costs. A. G. Wright was also charged »vitb trespassing on *he Arowhenui station, but the charge was withdrawn. MAINTENANCE. The case of Mrs Henderson against Wm. Henderson was again called. Mr Wood appeared for the complainant and Mr Tosswill for the defendant. Mr Tosswill put in a copy of a letter sent by defeadant to his wife, in which he offered her a home in Napier. Mr Wood objected to the letter being put iu as he had not received notioe of it. His Worship said he had read the letter before. It was likely that Mrs Henderson should gi/ to her husband after he had deserted her. He should make an order. Mr Tosswill said His Worship could not make an order, as there was no evidence to show that Henderson hid anything. Hia Worship said Its should have appeared then. After some further argument, Mrs Henderson was again examined. She said she had received in December last a letter (produced) in which her husband said he was in Gisborne, aud had been there for a ytar. He said he had plenty of w irk there at his trade, a carpenter. Carpenters get 12s a day there. To Mr Toss-viII the witness said she did not know what her husband was doing now. She had teceived 110 letter since. Mr Tosswill again urged that there was nothing 10 show that tin defendant was ia » position to pay anything. His Worship said Henderson should come here and work for his wife. He should make an order for the payment of 15s a week for the support of Mrs Henderson nni child, the first payment to be made on the 6th May. la default one month's imprisonment. Mr Wood asked that the order might be made retrospective, but Hia Worship said though he had the poiver he thought it would be wiser not to do so. ALLEGED BREACH OF THE LICENSINQ ACT. Henry Lee, licensee of the Crown Hotel, Temuka, was charged with a breach of the Licensing Act by haying kept his house open during prohibited hours on the 29th and 30th March. Mr Aspinall appeared for the defendant, who pleaded not guilty. • Caleb Bitemao, sworn, said: lam a threshing machine owner. I remember the night of the 29th March last. Was in the Crown Hotel. Went there about 10 o'clock. Could not exactly say the time. First occupied the bar and then went into another room behind the bar. There are more rooms than one behind the bar, but do not know how mauy. There were Lee, Reid, and Love there. Remember that I left there pretty late, but could not say exactly the time. Should not have seen Countable Morton had he not spoken. Previous to leaving I had drinks, two glasses of beer. I could not say what tbe others had. No one paid. Mr Lee paid for both drinks supplied during the two hours before we left. I saw no one pay for the drinks. I had a beer 5 or 10 minute?, or it might have been no hour, before I left. I could not say how long it was between the drinks. Tbe way it happened was this: I started chafßag Lee, saying he was a nice mau to open a house without shouting. He said "Stay half-an-hour and I will shout." He shoute 1 for me both rounds, but whether he shotted ! for the others I caimot say.

To Mr Aspinall: When the home was dosed at eleven o'clock I think there w«re one or two others there. I cannot say, but I believe there were. I believe those I mentioned—Love, Reid and myself—were the only ones who stayed there. At eleven, Mr Lee said something like " Here, boys, its closing up time ; if you want a drink, come along." Afr Lee asked us to stiy after time. Re-examined: I had two drinks and Mr Lee shouted both. R. Love and Ohas. Reid corroborated the evidence of this witness in every particular. In reply to Constable Morton, the latter witness said he had a conversation with Mr Lee on the subject of this case as soon us he got the summons. Lee said he had got a summons and thut he was surprised He did not say anything about who shouted. He did not impose upou witness' mind that it At? he who shouted and not witness.

His Worship said he was afraid the case must break down, although there was something very suspicious in iU

There was nothing in the Act to prevent a landlord asking his friends in to stay after closing time. But he would strongly advise Mr Lee not to continue this sort of thing, and if he wanted to treat his friende he should give them their shouts in the day time. The case would be dismissed. Mr Aspinall said he would like to point out to His Worship that Mr Lee hud just gone into hia new hotel, aud during the day had been giving his customers u treat. Tbe witnesses were not present, so he inviied them to stay when the others left. His Worship said he perfectly understood, and again repeated his former advice. AIXBGED LAROBNY. John W. Velvin was then charge!, on the information of Chas. Reid, with having feloniously taken 121bs of tobacco, valued at £4 10s, the property of the said Chas. Reid. Mr Tosswill appeared to prosecute, and Mr Aspinall appeared for the defenco. Mr Tosswill opened the c*.Re at considerable length, indicating the evidence he proposed to call, and quoting a number of cases showing what is held to constitute larceny. Ho then called— Chas. Reid, who said: On the 2nd April about midday I left the boy iu charge of my shop. When I came back he told me Velvin had been there, and that he got 61bs of " Ruby " tobacco. I asked him if Velvin paid for it. He said 11 No, I booked it." I told him not to book any more to Velvin and Taylor. I went away to tea. Nothing mora .passed till then, about 6 o'clock. I returned about ha'f-paat 6. The boy was standing behind the counter. He said Velvm came into the shop after I left, , and asked for some tobacco. He told him the instructions I had given before I left. Velvin then left and went over to his own shcp, and Taylor came over. Taylor asked him if I had ordered him not to l»t th<nn have any tobacco. He (the boy) said ho told Taylor he was not to have any tobacco. Taylor went away and Velvin Came back again. He went iuto the shop and went behind the counter. He asked what was the weight of the box.

Mr Aspinall said he wished to point out that this was not evidence.

His Worship said he had noticed that, but be thought the other side were letting it go on to save time. Witness continued: The box produced was the one in which the tobacco was. It wns tight between two shelves. The tobacco was tight in the box, and it would take something to get it out of the box. After tea, when I came back, the boy seemed upsec. He seemed as though he had been knocked about, and was half crying like. He told me whit had happened. I seut the boy across to Velvin and Taylor's to tell them to return the tobacco. The boy came back without the tobacco. Went across myself and asked Velvin what authority he had to take the tobacco. He said he took it <ind would keep it, and I could do my best. Told him if he did not return the tobacco before I closed the shop 1 would lay an information against him for stealing it. I went into Tinaru, and saw Mr Broham, and the information was laid. 7s 6d per lb is the value of the tobacco, it is hard to get, only one man in Dunedin keeps it. I did not book it. Put it on a slip of paper. Called a meeting of my creditors on Thursday. It was held on Monday. (The accounts between Velvin and Taylor and Reid were put in.) He wished the accounts put in. To Mr Aspinall: I did not give Velvin and Taylor any notice about my meeting of creditors because I thought they owed me money. I called the meeting on the 31st March. Did not know I owed them any money. I had not had Velvin and Taylor s account furnished before the one produced. Had not been asked before to render the account. Believed my account had been rendered. Had had a man making out i-»y accounts for 2 months, but cannot swear that the account was rendered. Did not tell the man not to render it. Velvin to my knowledge has never asked for hi» account. I had asked Taylor twice. The boy was in my employ for about a week. He had booked for several, but for those I told him not to book he did not book. The tricopherous was got at the same time. The boy had been there a week when Velvin got the Gibs tobacco and the tricopherous at the same time. It was after that I told the boy that ho was not to let them have any more tobicco. The boy told me when I returned thai the 61b* tobacco and tricopherous were got at dinner time. Mr Aspinall said he thought he should be able to show that the 12lbi tobacco and the tricopherous were sold at the same time.

Witness said he told the boy not to sell them any more tobacco. He told George that he did not care to let them have the tobacco, as he had to pay cash for it. He distinctly swore that he told the boy .not to let them have any more tobacco. It was before or after tea that he noticed the tricopherous. He did not notice the time. He would not swear it was before tea. Had had no demand to settle the account before this. The only thing to his knowledge was that he went to Taylor and asked for his account. That was within the last two months. The box was always a fixture, and the tobacco was solid in the box. It would require force to get it out. The witness also explained that it was only tobacco he was particular about; he did not mind tricopherous, Thos. Radford, awom : I was lately in the employ of Mr Reid, tobacconist. I remember Saturday last, and know the accused. After Mr Reid went to dinner Mr Velvin came and asked if we had any tobacco. I told him " Yee." He said he wanted 61bs of " Ruby," and I gave it to him. When Mr Reid came back I told him what had happened, and he said I was not to give Velvin and Taylor, or anyone else, tobacco without the money. There was no more till evening. After Mr Reid went to tea Mr Velvin came across and asked if we had any of the "Golden eagle." I told him "Yes," and I told him that Mr Reid said I wis not to let anybody have tobasco without the money. He then went away, and Mr Taylor came, Mr Taylor asked was it right that I was not to let them hare tobacco without money, and I said "Yes." He went away and Mr Valvin came back, and | showed him some. Then he came behiqd the counter and lifted it out of the box, It was in the box (produced). The box was tight in, and the tobacco was tight. I think he must have lifted it up ; I was not looking. He would have to me £ores

with a knife, or something similar. He put it on the scaler, and I put on one of the weights. He then lifted it up, And I went across with Mr Velviu to hit ahop to weigh it. It weighed 12lbs. He did ■ not pay for it. To Mr A,pin»ll: I did not keep the books. I scribbled it down on a piece of blottiug paper, not as h sale, but ju«t "12Ib8 tobacco, Velvin." When Mr V<■' f • i n came over I took some sticks out of tiie box with a knife. Do not remem* ber Mr Velvin telling me it was no use to take sticks out. I did not try to take tbe tobacco put of the box. The reason we went over to Velvin'a Was because tbe soles would not weigh it. It wa« properly weighed. I carried part of the tobacco over. When Reid came in he told me to go across and ask Velvin to return the tobacco. Velvio siid "No." I did JOt tell Him what Reid told me ; I told him I was not to let anyone have any tobacco without the money. I sold Home tricopherous to Taylor the same evening. The reason was because Reid told me nothing about anything but the tobacco. X bud no conversation with Reid about anything in particular about the case. He spoke about it, and ooly told me to tell the truth.

Mr Aspinall said he submitted there was n > case to answer, and was proceed* ing to address the Bench, when His Worship said he was satisfied there was. Mr Aspinall then called David Taylor, who said : I remember Saturday last.' Remember Velvin going to Reid'a shop. la consequence of *h»t Velvin told me £ went over to heid's and asked the boy whether Mr Reid had told him we were oot* to get anything on credit. The boy said '* No." I told thst to Velvin. I saw Velvin go across after* warJa. He returned, and the boy was following him. The boy was carrying the tobacco, ft was placed on the scales in our shop, and it weighed 12lbs. I cannot say whether the boy took a noli of the weight. When Velvin said " 12lbs " the boy said " All right." , The boy made no protest. Had asked Reid for an account, because 1 wanted to know how we stood. Reid never asked me to make out his account. Jlr Reid is indebted to the firm, but £ do not know the amouut.

fo Mr Toßßvrili; 1 went to Reld'a shop in Geraldioe and got £2 worth of goods there.

To the R.M.: The reason I sent across to ask the boy whether we were to bars any more credit wag because we heard Reid was going to file. John W. Velvin, the accused, wis then called, but Mr Tosbwill objected to his evidence being taken, as ha was charged with a felony. Mr Aspinall held that the accused was a competent witness, aud cited several clauses of the Act in support of his con* tention,

The Court agreed with Mr Aspinall, and the accused was allowed to give evidanoe.

J. W. plrin, examined by the Court: On Saturday ftst,l went over to Mr Beid's shop for tghacco, .jknd got 6lbs "Baby " tobacco. After I pjofc'tr'Raid sent over for a tm of kerosene, which was delivered. Mr partner went over and asked what was the price of tobacco. In the evening, about 6 o'clock, I went across and Badford was behind the counter. Asked had he any " Golden eagle," and he showed me some. When I said I could do with the lot he replied that Mr Keid. will soon be back. Mr Taylor went across and asked him if Beid had stopped our credit. He said " No." His Worship: This it no evidenoe. Witness: I then went aoross after Mr Taylor returned and asked for the tobacco, and Badford commenced to take it of stick by stick, but I said not to take it' off that way, " Will 1 help you ?" Hs s«id " lei." I took it up and put it on the scales, and he put on the weights, but we could not weigh it, and the boy took it across and we weighed it on the scales in my shop, That evening the boy came and asked for the tobacco, snd I did not give it fo him. Beid came over and asked " What game is this you bare been up to ? You hare taken all my tobacco. I want ib back." I did not give it to him. To Mr Tosswill: The reason I went across was because I heard Beid was going to file. He owed me some money. The account ha has put into Court is not oorreot. There are several items in it which are not 0 >rre3*. This concluded the case, and Mr £«awtck said that the Bench was of opinion that a larceny had been committed. He would n n* vict the accused, but would not imprison him. He would inflict a penalty of £lO and costs. CIVIL CASES. W. McCann v. Alma Edgeler—Claim 17s 6d.—Judgment by default. Velvin and Taylor v. W. Wells—Claim £9 Oj 63,— Judgment by confession. la e Court then rose.