POLICE COURT.

Wairarapa Daily Times, Volume 2, Issue 581, 29 September 1880, Page 2

POLICE COURT.

• CARTERTON,? TUESDAY;— r - Before Burton Boys and W. Booth, Eaqa., J.P.'s, Joseph Ingley, Henry Stevens, and Arthur Kelly, appeared, to answer an adjourned charge of destroying fencing. Henry Moore; sworn, said: I remember Sunday, 19th. Had beeu : down the road for a walk with a friend of mine named Peter Connelly, and coming back again I met defendants; they were coming up on the right hand side; Stevens was next the fence. I left my friend, as he lived near the old Town Hall, and intended coming up'with defendants, When I reached them, Kelly pulled a paling off a fence about five yards from John Teal's house. I heard Poter Connolly call me back, and I went. ■ I then saw Kelly pull another paling off, and drew Connolly's attention to it. He said it was a shame, and I had better not go home with them as it was not Bafe. I walked up the road some distance behind them, and heard •another paling pulled off, but whether it was them I oould not swear to. Could not say whether there were any other people in front of them; I did not.see Ingley and Stevens do anything; they were walking up with Kelly. By the prisoner Kelly: You seemed sober; I thought you were. I remember you being at Cohen's; don't know how many drinks I \\-A, or what time I stayed there. We did not walk all the way down to Giles'; we joined beside Teal's; we went to Giles',

Peter Connelly (who before jiving his evidence, asked for expenses), sworn, said : I am a laborer residing at Carterton and working on the'line. On the 19th, Moore and I wevo going up the road to the Hall. The three defendants were walking on the footpath. When I reached the Hall, I parted from Moore and turned off for home. I called Moore back, after going a few yards, to talk to him on private busiiißßs. Moore came back and said they were pulling down the fence. I said it was too bad, and that Moore had better come down along with me. I did not see them pull it down or inspect the fence afterwards.

James Ridgeway, sworn, said : I am a brickmaker, residing at Taratahi. It is my property that kas been destroyed. Damage has been done ever since New Year's Day, off and on. My fencing has luffered. I estimate my loss at many pounds, but do not want to assess this damage if these people will only leave my property alone.

Constable Evans, sworn, gave defendants a good character, not having anything previous against them, Defendant Kelly stated that they were all together and this man Mooro was the only one who saw auy damage done. If I could put my fellow prisoners in the box they could swear I did not deliberately damage the fence. It is a very old one find may have creaked when I rolled against it. Ingley and I were having a walking match and both of us occasionally touched the fence. I have been some months in the town and have never misbehaved myself. The Bench, in delivering judgment, said that the evideuce adduced left no doubt that the defendants were together on the night in question, and that Kelly had pulled off the palings as sworn, As this was the first offence of the kind, and the first against him, he would be fined £2 and costs, or in default, one calendar month's imprisonment. To Ingley and Stevens the Bench intimated that this would be regarded as their first offence, and should they at any future time be brought up on- a similar charge tho full penalty would be inflicted. The recent destruction to property, notably to the nicest fences in the neighborhood, was alluded to from the Bench, and a determination expressed to put. down the ruffianism-that had actually compelled ths settlers to baud together to protect their property—by a sentence of twelve months if necessary. The constable reported that sundry, threats had been used to parties who had given evidence in the case.

The Bench promised the /severest punishment to any such offenders. The constable, iii reply to Kelly, said that none of the defendants, had.jised threats, or were concerned in making them. , • ; •