R.M. COURT.

Wairarapa Daily Times, Volume 4, Issue 1198, 7 October 1882, Page 2

R.M. COURT.

\frf;MASTERTj^mAY.:v'-; %. {Before Hi S/¥ABDBLLi.iB.M.] ; v;.;; (bontinued;) Police v Annie Ewinglon.—Selling liquor to Samuel R. Jones on Sunday 3rd September.' Mr Beard appeared-for the defence.' The Sergeant asked for the date to be altered from Sunday the Brd to Sunday the 10th September./; ■ v;V Samuel R.'Jbnes deposed aa follow*,:— lam »laborer residing Bt Master'ton. I remember Sunday the 10th of I was residing at Mrs' Ewington's board-' ing house. I oame into town en the 6ih> of September; Oh the 9th 1 of September I went home about twelve o'clock. There was a bottle of brandy on the table. I was half drunk myself. I asked Mrs Ewington for a drink and she told me 1 had too much. I then went to bed. I got up on Sunday morning about a quarter to eight, and went into the kitchen, After breakfast I ; asked Mrs Ewington for a drink. She would not cive me one at first, but I gave her a shilling and then she gave me a good nobbier of brandy—a little over half a glass. (A laugh). Old Ben Bolt gave me another drink out of the bottle of bandy, The. two glasses turned me round a bit. I swear positively that I paid a shilling for tlje first nip of brandy to Mrs Ewingtpn. To Mr Beard. I remeiub'er the date because I.came on the jfth. I made a mistake in saying it was the .3rd. I swear I WW in Masterton on jthe &h aud 10th of September, It was not in consequence pf f hat the police told me that I found ! out iho mjstfljte. J tbl.l Constable Leahy : I had made a mistake, L^ady \ did not ask nje'if j! had raade''a mfa'take, j [am v?ry cerjtaiu if, waf the'teut.hpf the .inpjnth.' Previous to the oth I was < working for Mr Trice Girdjobd. I did hot leave Mr (jfirdwood on the fourteenth. i I did not knojjr of tl)e njonth till I I went to Mr %WtJiy'and found out i the date on whioli I jjought soeqs 'clothes ; from him. ' Mr Beard: Why did you not give information before? ..'■''' "

Witae?B; Because J did not, I have gi/enjtpr, Mr Beard; Whj d|d you it 1 Witness; 'Because j. thougM ought to. Mr Beard:' This sense' of duty' struck you suddenly, I suppose ?'' " '•:. -"" Witneaa: Yes.' • ' Mr jt strike you! vy itneis; Qn Saturday nigljt', " Mr Beard: And you imfiieiiately informed the police 2 ' ' " ■\yitnp3Bl Yes, ' . Mpjt ßa !$l 9'4yflu tejl anyone your intention 3 ' .

I fold the police beoaiisp J thought jtffly duty. ''" : ' Mr Beard; A vpry proper feeline no doubt, (Itaughier), Was thero anyone else in the kitchen when you had the mdJ ■ -Witneaa: No. .

Mr Beard; You were not angry, I suppose hegauße M/s Ewington kept vour oloiM'4 - -.■*■.. . Wiiness; No, I didn't have &ny mallco; • '". r t •-' - ; '<

Mr Beard: What did you do on Sunday 10th. . ,

l .'Witness: I walked about to see the place. J went wjih 'Nichol to the Royal Hotel, but Jjr Jj/optfa Would not serve us. I did'notfgc%. wifVKfterjrall, 'rfor did I go into aity dlher Hotel. 1 ' ■•■; ''

To Sertt. Price:' I;saw Tatterssll on Sur,o>y'nj»rmiig, a'nd'aiked hid i'o have a drink. Helmed.: ' " John William was billiard marker a,t tjje Brnpirp r}otel Hj kfleff Jaßt witnpss, B>w"hjn) on tho H Nurtay in ieptemfe. Ha was a "li'tis elated," saw him.ne*l morning. He oame from the direction of the Waipoiia river, or Ar«yle House. He asked witness to " come and have a boose."

His Worship poiuted nut i hat anything t %?'teß i , , J' a k B ft, "JisM'onqa I|idg4 tq ()iinv'cpv}ld not. 6b Hwingtolkt' m ■ l-lti '. 'i ".' ■{. To Suvgeaut P.rjpe; Jongs was pt sober. '•■..■"'•

To the Court: I did not take the drink, I««lrt "ws eannot get it." To Mr Beard \ I Bwein- positively that I aaw Jones on Mr Beard: How can you fix the day f .-Witness.; Because it was three days before ray birthday. (Laughter). Joriea asfcqd' rfia nn the. JOth to have a " bnose," ml not m. with m, nppouiiy a« ltfwas%V%bb'itii; I'.uy >'.:•■«■'.' Serjeant'Price': Would you have told me if you hiid obtained a "'boozer-.

Witness'; Jih' l; ' j '• ' •' '• .Cjnijstabji) Leahy dflpossd, jjo had seen Jones ahojjt tfeb J)th e 6r m$ % did not appear ■p&jijoularly the wois'e for Wnfe' "'. "' ■'" ■""'

This was; rj|g m% fflp Sergeant Price submitted that tl)e ease was proved as a, witness had. sworq that bo had paifl U for a drink. Of ooursp the police had a great deal of trouble to bring these oases home, and had in some instances to resort to strategy, He held that tjio present case was clearly proved. caßWh-was it : ve>y ; e iv Jy' i lask,'fa'B he- was prepared'tof show that' J;bii'es was'positively not ih'Mastert'on oithe'r on'the 3rd or s\\of September; 1 On' these dales he was rfins fq); Rfr T. % Giiywood. He woiird ! f|Vsi call" ftfr§ ' The witness J, ones was §rst asked by the Qourt af Mr Sard's fequesf if he paid ffl); the ?iq(hss w'hef) hj purchased them frum Mr SjcQarthy, anyhow 1)6 paid for them ?

Jones BAid.be did pay for them and by a cheque (or £Blßa of Mr ftirdwood's,

Annie Ewington deposed that Jones tirst came tn her house on the 14th or lfjth of September. He was not in her home bri- 10th. He was in her housenrithe' ; iJth:'l f, i I m.? To Sergeant Ijrice; j[ can positively fix the date of Jones' arrival,' and I swear positively he was n6| j'n' my lihuse on" the 10th. : '' Mr Beard suggested tp his Worship that h£ might put a broadej? qtjesfcinn, and (ask her if she over on the 10th, 17tb, or any other date served Jones with drink ? His Worship did not think he would be justified in dninp \ P. Gavin deposed that the witness had worked under him (for Mr Girdwood) as coot, from the Jbtb, July to the J4 Sep-, tember/Jones'tfas cDoktpg in the camp onSuq'daythefqih! Mas also i'Bele on the 9th. ' '■' ■" ■•-••

To Sergt. J>ripe; I Rweap J p>d. not threaten Jones before 1 earne into flourt, nor did I say I would <»crush Ihb boad" when \ oanght him up at the oamp again: • In fact I expect he will be up there again,

. R, Nicholas deposed, Ihave stayed at Mrs. Ewingtnn'a boarding bouse. Was there on the 10th. Did not remember whether Jones was there, He was there ontbel?t)!. ' :.Tq.Sergt. price; Qoqld not swear he and Jones were pot at the |{oyal Hotel on thMQth of September at he couJd'not be certain'as to the date's, ' .His Worship: How.do you fix the 17th? ■Witness: It tras: my on the 15tb.(I&ar8 of laughter). Mr Beard;;. It seems to have been a remarkahle month. •, c. Sergt. Price: JMyeu, not : remember me telling you to clear out of the town when you were with Jones on thelOth l' ■Wiwtsij could not renwmber. He

would swear he wni at the Royal Hotel with Jones on the 17th. Jorgeid Paasko dapoaed he was 'working al Bacon's mill tbd had seen Joneß at Ewington's.. He came there about the 14th. He was there once .before ttbonfe fite weeks ago. He was not there on th& 10th.

TpSergt. Price: I have been staying.at : ttrg/lfriiigWi about faur months, and would swear Jones was not there on the / 10th. I'caiiifix the date of Jones coming .. i . because w'ehMa breakdown at the mill V "'" r: ' ; ' V I T. P. Girdwooddeposed he r^ltef Jones, be was cooking : fbrtC gaehu, and left hi* employ &BSuth of September. (The butt of the cheque book was produced, dated ■• ber, showing date Jones wa( &*ytitffe|Mß ToSergt. l^rice:l swear,.jHtfflNffi9V the breakfast at It was his duty tp.cook every liim on the 9th, iWm .tlie lSlh and 13th. This was the ca'ee for the'defettce. •In said he was satisfied from the/eyidetjee that the offence! was not committed'< v on the 10th, and iVmight beTquestion whether the witness Jones should not be placed in '.;•■ ■-. ;•; the box on ft ohargo of perjury, but an '"v ■ error of date might have bepn made and Cv.. he could hardly supppse Jfiiie? woujaV'j," wilfully and knowingly jjwjjar fd!a st'sta.', '"■- ment which he nmi't have known could , ■; be so easily disproveJ. Thb' information !'"<'■ would be dismissed on the ground tlmt ' it had been pro red the offence wag pot committed on the day named iii the ii)formatipn. Mr Beard asked liia worship; to remember that fie ha(j gtyen every faciljty for the Court' ja djajx/yer; w(|«tj}er fhe opjjs had eye'r opmpttfld' as he jjad offered to allow Mrs Ewing'qn tfl angwp'r any question on tlie subiect. His Worship said he fore that in mind. With reuard to' the witness Jones,' he might say his (the witness') sudden sense of hifl flyty .did not goipierjd, itself to thj Court, ft could quite undejaiand tjja difficulty 1 of briif|ing dftseify ft tm : cessfiil issue,'but'wo'uld''he fnelined to i attach more weight to the evidence 'of a' hired informer than to that of a suddenly conscience s(ficken witness, Anothpi; siMau charge against 3, J, 'Sjone' 1 y" BeJHnKtptj.— Olalm £4loa for fruit trees. ''.Mr Parker for'plainti'jlf, Mr Beard for defendant ; '' "■ Defendant denied having delivery of morp than half (he tveep, " ' ' . Adjournjjdjo'nest sipjfjg,,