RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 2379, 7 July 1892, Page 2

RESIDENT MAGISTRATE’S COURT.

Temuka—Tuesday, Judy 5, 1892. [Before C. A. Wray, Esq., R.M.] DAKKIKINISfII. John Tangney, a youth, was charged with wilfully damaging an umbrella, the property of Mrs Henry. The evidence of three witnesses was to the effect that accused on passing some young girls, who were out walking, kicked the umbrella, which was carried by one of them, and broke it. Defendant pleaded that he was pushed against the girls, the umbrella was knocked down, and he accidentally trod upon it. He made no apology. His Worship characterised defendant’s conduct as disgraceful. He was liable to three months’ imprisonment. He did not like to commit young people to gaol, but if this sort of conduct was continued he should certainly do so without the option of a fine. In this case defendant would be fined 20s and costs, and would also have to pay 15s, the cost of damage to the umbrella.

THE FOOTBALL SOCIAL CASE. Charles Oliver was chai-ged with placing tobacco in a boiler, in which was water intended for the use of certain persons. Mr Salmona appeared for prosecution, and Mr Hay for defendant.

The information was laid under the sth section of Police Offences Act. The short facts were that at a social given by the Football Club a boiler was used for preparing the tea. Upon several occasions of a similar kind offensive matter had been introduced into the tea, and it had become necessary to keep a watch. Upon this occasion two youths were employed to do so, and it was alleged that the accused, who is a tobacconist, was observed to go to the boiler and place something in. William McCaskill, the first witness called, stated that on Tuesday, the night of the social, he was in the company of Herbert Dunford, minding the copper at the back of the V olunteer Hall. It was about half-past eleven. He saw Charles Oliver, George Webb, and William Webb come to the back of the hall, and go to the copper. Charles Oliver lifted up the lid, turned it round, and chucked something in the boiler. He had it in his hand. He put on the lid again. Witness said he “ wouldn’t have any more of that.” Accused said he was only rubbing off some soot. Sant Dunford to ask his (witness’s) brother to come out. He came , out and put some water in the boiler, and noticed some tobacco leaves floating upon the top. His brother spoke to Oliver, and said he would see about it. Defendant did not reply at first, but afterwards said he did not put anything in. Told his brother Oliver had put leaves in the copper. The water was emptied out, and some of it was put in a jug and taken inside. Oliver had not been at the social. By Mr Hay : Was nearly twelve, and was in the third standard. About halfpast eight commenced to boil the water. The football socials usually broke up about half-past two. Could keep awake all the time. Dunford was awake too, and was sitting upon a bag of coals near the fire. He could see all that was done. Had spoken to Dunford, and compared notes with him. It was about hours since anyone came to the boiler, except that someone came for water a few minutes before Oliver came. Had refilled the boiler just before Oliver came. Did not see any tobacco in the boiler until his brother filled up the boiler. His brother put cold water in because they could not see on account of the steam. Told Dunford to go and tell Dan (his brother) that he wanted to see him about the copper. His brother did not charge Oliver with putting tobacco in. Oliver helped to clean out the boiler and put fresh water in. The Webbs were there the whole time. The bucket used was standing by the copper. Dunford had al ways said that he saw Oliver put something in. Had been troubled by larrikins before. Shingle had been put in the copper.

Herbert Dunford gave generally corroborative evidence. Did not see Oliver take the lid off. Only saw him with his hands upon it. Mr McCaskill struck a match and looked into the boiler, and saw the leaves floating upon the top. Witness saw them too. Mr McCaskill asked Oliver who did it, and he replied he did not know. A jugful of leaves and water was taken out, and the boiler emptied and cleaned- Oliver and the Webbs went inside the hall.

By Mr Hay ; Had helped to look after the boiler before. Nobody came around the boiler until about half-past eleven. Was not asleep. Had a bag over him because it was cold. Did not see Oliver take off the lid. Must have seen him if he had done so. Told his sister (Mrs Fisher) that night that he did not think Oliver put anything in. Oliver did not run away. He stayed and helped to clean the boiler, and afterwards went into the back room of the hall. Some water was put in befqre the leaves were found. The budget was standing underneath the pmnp, and had been used before. By His Worship : Young McCaskill did not tell his brother that Oliver had put anything in the boiler. By Mr Hay: Went and told Mr McCaskill to come out because there was someone at the boiler. By Mr Salmond : His sister did not tallv to J|im aliout the evidence he was to giy'h-

J ohn McCaskill stated that he was at the social, He was called out about halfpast eleven. His brother told him Oliver lifted the lid and put something in the boiler. Oliver and the Webbs were standing by, but the former did not say anything then. Lifted the lid, but could not see anything. Noticed a smell something like tobacco. Sent fop a bucket of cold water. Tea had been made just previously, which was all right. When

tl|o stgaui was off could see something like dark-colored cabbage leaves Heating upon the top, [Sample of water and leaves produced]. Called Messrs Mason and Gillespie to witness that the substance was actually taken from the boiler. Oliver denied putting anything in, and said : “ You don’t think I would do such a thing.” His brother said ; “ You did ; I saw you]’ Qliyor a}so sipt} he was jnaf coming round to go to the social. 'To enter the door he would nqt need to pass the boiler. Witness was not an expert in tqbappo, and would not swear the loaves produced Wfirg tq|>ij.c()q Jqtves. His Worship asked if it was one of the new brands qf tea, and sqme little amusement was caused by counsels’ examination of the contents of the jug produced,

Witness continued : Oliver did not generally come to the socials, and it was rare anyone came so late. Knew of several instances of a similar kind. Soap had been put in a boiler, and other offensive matter. His brother had been warped that l|e should put a lock npqu the boiler. By Mr Hay : Supper was not over when Oliver came round. Dunford corroborator] his brother’s statement at the time. Copld not say who wont and filled the bupket. The bucket wps clean. The pump is only about five yards away. Inspected something had beeu put jn, |

but it did not occur to him to call witnesses to see if anything was in the boiler before the cold water was put in.

By His Worship : Did not closely examine the bucket.

This concluded the evidence for the prosecution. Mr Hay briefly sketched the line of defence, stating that he was prepared to prove undeniably that his client had not committed the offence alleged. He further took exception to the information. The clause under which it was laid evidently referred to the pollution of streams, &c., and did not apply to this case. He quoted authorities, and then sailed the defendant

Charles Oliver, who stated that he was a tobacconist living in Temuka. Had been in the district 28 years. Went to the social about eleven o’clock. George and William Webb were with him. Went to the front door twice, and afterwards wont to the back. Saw something white upon the ground. It proved to be a boy covered with a sack. W. Webb advised the boy to get up or he would catch cold. Went up and stood by the copper to warm himself. The Webbs were there also. Put his hands upon the lid to warm them. Did not lift the lid or turn it round. Young McCaskill said : “ That’s enough of that.” Asked him what ho meant, and he said he had seen witness throw some stuff into the water. Had not done so. Had no tobacco leaves upon him that night, and did not keep leaf tobacco in stock. Dunford was sent ta call Mr J. McCaskill. He came out, lifted the lid, and put in a bucket of water. Did not notice who brought the water. Saw a jug dipped into the copper and something resembling leaves brought out. Mr J. McCaskill then accused him of putting- the leaves in, which witness denied. Had never interfered with Mr McCaskill’s copper. The entertainment was a dance given by the Football Club. Bore no ill will towards the club nor to Mr McCaskill. Was not a member of the club, but took an interest in football. By Mr Salmond : Could not say if the leaves were tobacco leaves. Smelt something like it. Could possibly tell if he tasted, but did not feel disposed to try. Closed his place about half-past nine o’clock, and then walked about with the Webbs. The last dance he was at was the Maori dance. Went frequently to socials. Had seen Mr McCaskill at socials several times. Was related to the Webbs, and often went out with them. Did not carry on larrikinism with them. On the night of the social, recollected seeing Mr Gillespie, but not Mr Mason. Did not admit to them that he had lifted the lid or knocked off some soot. As soon as Mr J. McCaskill came out the younger McCaskill accused him of throwing into the boiler a. handful of leaves, which he thought was leaf tobacco. Denied it, and Mr J. McCaskill said he would soon find out. Had heard of things being put in the boiler. Had spoken to Mr J. McCaskill the following morning, who said the matter was to be put into other hands. George Webb, groom, in the employ of Mr Cutten, recollected Tuesday, 28th June. Went to the football social that evening. Tried the front door, which was locked. Went to tile back, and saw young Dunford lying down with a sack over him. Witnes then generally corroborated Oliver’s evidence. Oliver did not put anything in the boiler, nor had he to witness’s knowledge any leaf tobacco upon him. By Mr Salmond : Did not hear young McCaskill accuse Oliver of putting anything into the boiler. Was not a great personal friend of Oliver’s. On this occasion went for a promenade with him. Wiliiam Webb, residing in Temuka, gave corroborative evidence. Recollected young McCaskill saying something had been put in the copper. Mr D, McCaskill said he would soon find that out. In his opinion Oliver could not have lifted the lid without witness seeing him. This concluded the evidence.

His Worship said that he did not think the prosecution had made out their case. The evidence rested mainly upon young McCaskill, who had told his story truthfully enough. There had evidently been some foreign matter introduced into the boiler, but from the evidence it certainly did not transpire that Oliver was the offender. The case would be dismissed, giyn, casks. J. Blyth v, W. Johns m —Chum £3 Is (id. Judgment by default for amount claimed and costs. W. McLeod v. W. Faw.lriy—Claim £2 3s 2d. Judgment for plain till' by default for amount less 10s paid since summons has been issued. Same v. Dynes—Chum £5 3s 9d. Judgment for plaintiff for amount claimed and costs. Vallender & Watt v. E. Savage—Claim £7 Bs. Judgment default for amount claimed and costs. The Court then rose.