POLICE COURT, ARATAPU,

Wairoa Bell, Volume V, Issue 170, 4 November 1892, Page 2

POLICE COURT , ARATAPU ,

THURSDAY,—Before Messrs T. Webb and M. Harding J’s P. Angus McKinnon, James Russell and Geox-go Rowlands were charged on the information of Constable Scott with having used abseene language in a public place at the Tokatoka hotel.

The prisoners were further charged under the Malicious Injury to Property Act with tearing up beds and throwing water and other filth on bedding tbei-eby doing- damage to the value of twenty shillings. The prisoners pleaded Not Guilty to both charges and it was decided to take the evidence in the two cases togethei-.

James Taylor, licensee of the Tokatoka hotel, said that the three prisoners were al ins house on the morning- of the 2nd inst, They came the px-evious evening and asked for beds which he provided. In the morning he was roused first by Mr Fitness waking him between five and six and complainii’g of the conduct of the prisonex-s. He went up stairs and found the bedding of six beds piled up in the passage and some boards on them. Water had been poured over all of them from the jugs and chambers and one sheet was torn. The water went throixgli to the j ai-lour below and damaged the wall paper and fxxrniture. He would not have had it done for five pounds. The prisonei-s were then down stairs but they went to him a few minutes after and demanded breakfast and he told them to wait till eight o’clock. The pi-isoner McKinnon xxsed the language contained in information and all three denied having done the damage. His housekeeper complained to him of the conduct of the prisoners during the night. Mr Moloughney was upstairs in the eaidy morning and Mx- Fitness slept there that night, and the latter told him that if such conduct took place in the house he would have to make himself a bunk in his shed. The prisoners wei-e quite sober and have annoyed him befoi-e with similiar conduct. Mary Nelson, general servant at the hotel, heard two men come upstairs in the night. They talked for a long time and then began throwing the bed clothes about and knocked at the door of her room. She heard the language complained of xxsed in the room next to hei-s and knew it was the prisoners who carried the clothes as she knew their voices. When questioned as to the damage the witness l-eplicd, ‘ Indeed I would not like to wash all the bed clothes for apoxxnd.’ She was qxxite sure it was the prisoners who cai-i-ied the clothes ouf. Cross-examined by McKinnon.—l know your voice quite well. You came into the kitchen in the morning and would not go out when I told yoxx. Yoxx asked me if you had insulted me in the night and I told you yes. I had to use a gentle reminder to get you out of the kitchen. I took the porridge pot to you and I wish I had scalded you. Joseph Fitness corroborated much of the former evidence, he heard the rattling of the chambers and crockery. In the morning he heard McKinnon make use of the language complained of.

P. Molouyhney , Junr, went to Tokatoka to look after an account and ax-rived there about half-past three in the morning. He went upstairs and had some conversation with the prisoners. They had a flask of hx-aixdy and then began throwing the bedclothes about. Ho left about four o’clock as he thought the larking might go too far. The men were neither drunk nor sober, he did not think it right to talk with them on business matters. James Taylor, soxx of the licensee, also heard the language used by M cKinnoix. Constable Scott went to Tokatoka and saw the damage. He observed the thx-ee prisoners going away and called them back. He arrested them because of the information received and bx-ought them to the lock-up. Each of the prisoners made a sworn statement. McKinnon acknowledged that lhey wex-e larking with the pillows but he denied all knowledge of how the clothes got into the passage. The clothes from his bed were in the passage but he did not know how they got there. Rowlands did not join in the pillow throwing and when he awoke he found the bed clothes had been taken off him. Russell joined in the pillow throwing but afterwards went to sleep and when he woke up the clothes were in the passage. The Bench considered for a time and theix discharged Rowlands with a caution. They considered the evidence against Me Kinnon of using obscene language very clear aud sentenced him to one month’s imprisonment. Russell and McKinnon were both found guilty of injuring property and each fined £1 with costs £1 f)s 3d, or in default 14 days imprisonment. The former paid the fine aud the latter decided to take the alternative. The three defendants were further chax-ged with obtaining goods under false pretences. They had some gum in sacks and obtained goods from Messrs Seymour and Co. on a promise to sell them the gum. The also obtained goods from Mr Moloughney and made him the same promise in reference to the same gum. Ultimately they sold the gum to a third party and left without paying either Seymour or Moloughney. Mr N. A. McLeod appeared for the prosecution and asked for a remand to enable him to procure witnesses, as he had only just received instructions. The Court was adjoxxrned till 2 p.tn. this (Friday) afternoon.