R.M. COURT.

Wairarapa Daily Times, Volume 5, Issue 1488, 20 September 1883, Page 2

R.M. COURT.

MASTERTON-THIS DAY, •;:; 1 . [Before H. S. Wardell, R,M. | Joseph Littler was charged with stealing a.watchofthe value,of £lO and certain money, the property of John Drumgold. John Drumgoldj sworn, deposed; I am a laborer residing at Carterton,'l recollect Friday the lith; inst, I was at the taUeru and saw the accused there in the afternoon. He said he was a groom, and I gave him my horse to take care of. I paid. the landlord for the feed, and about an hour after-, wards tasked for the horse, and Mr Nolson said he knew nothing about it. .The accused came into the bar. then, and tasked'him for it, and ho said he knewnothing about it, I then went with, several others to look for it, Later, on I met the accused again and he • offered to'*' look, for the ■ horse, if I. gave him a -shilling. I 1 gave'him a shilling and a drink but he.would not go. The landlord. offered'the accused five shillings to get the horse but he would not go. About ten o'clock the accused refused to go to bed and I followed him outside and asked him to get my horse. He said he would if I would go over the bridge on to the flat, . I went over the bridge with him when he pulled off his .coat and wanted. to fight. I refused to fight.with him.;' . He theii asked me for a crown, but I told him I had no change till I got back to tho hotel He then said he would get the horse. We went about a chain further up the road, aud as we walked along he struck me in the left ear, aud knocked me down in the middle of the road. While I lay ok. the ground he took my watch and chain. I ; tried to get up, and he said he had a "bull dog" in his pocket. After that he took the purse out of my trouser's pocket and shook the money out into his hand. He chucked the purse back to me saying; " It's not the first time Ihave been bushranging." He left me then and went .back towards the hotel. I stopped there till I could get, up and then went to a house by the roadside, about two chains away, I called the people up in it, but they refused to come out, and told me to go to the hotel, I then went into a paddock and sat on a log all night because I was frightened to go back to the hotel. The watch I lost was a double case Geneva. On the plate there is a broken screw, the watch guard and locket produced are the one 3 taken from me by the accused. Blood came out of my ear from the effects of the blow. I consider that the accused must have had something hard in his hand. < r

The Accused: Bid you not come to the hotel between nine and ten in the morning. Witness: No. I did not leavo Masterton till ten.

The aecused: Did I try to sell a knife to you for a drink in the afternoon.

Witness: No.

The accused then charged witness with being intoxicated at the time and withbeating a dog. ...

Witness said he was not drilnk,

The accused ;• Did not we then have a few more drinks, and did I not then dance a. Scotch hornpipe] Youthen asked me;for the horse and I took him for yjou to the stable.) i■ f ; ,• i•; .ThciQourfc: Haw-VOMot the hOrse since!?','; \ '.■■■•■■ •■ . ■; Witness: 1 got him next morning in a paddook at the back of 'the/hotel,.' Tho accused: There was a big man named McDonald with bottles of whiskey treating everybody, and he could not miss being drunk. ,;' • The..Court: There was a general drunk?

Accused: Yes. ..I drank five pints afterwards at his expense 1 ..•■; The Court: Your capacity 7 is very large! '•■

The accused: 1 had twojpintsafterwards with, a man from Brancepeth'. I had been drinking then three days; and not sober an hour!

The Court: Your memory seems remarkably good for one who drank so much.

The aceuset): The.landlord gave; me my swag; ahl tfiJ4 ip ty go out. When you went out with me you staggered' -up against the bridge and said that'if you did not get the horse you would take it out. of me. Afterwards you took me by the collar and hit me in the face.. I told you then to stand up and I hit you on tho side of the : head. You then gave me thrie shillings to find the horse." Then you gave me the,watch, saying you would have "the horse one way or another. .1 went back to the hotel but could not get in, so I went and lay down in the swamp and slept till I was sober.

The witness denied the truth of all these statements, The aooused said that he came rtext day into Masterton and spent the three shillings he got from witness on six pints of beer. He had been, working for Mr Price, and at Brancepetb, All his earnings were spent at theTaueru hotel, except a portion which was stolen from him there, ' BL, Marsh said he was at the Taueru hotel when Drumgold arrived there. He saw the accused, there, who took Drumgold's horse towards thd - stables. He heard Drumgold. ask for his horse about an hour later, and ; corroborated his evidenoe generally. About ten at night the accused told: Drumgold.that

if he came out with him he would get him the horse, and they went out together towards the bridge. Witness did not Bee Drnmgold again till five o'clock the next morning, when he found. Mm outside the hotel. '■''" On the afternoon in question Drumgold was under the influence of drink, but certainly not drunk. He talked rationally, and walked without staggering. To tho accused: Drumgold did not give me ten shillings to look for the horse. -

1 Constable Darby stated that on the ■lsth inst from information received he wrested the accused at the Marquis of Normanby hotel at Carterton, and took Irim'to the lock up. He informed him that he was arrested for robbery with •violence. He found the watch\and chain on him. "Witness asked the accused where he got the guard. 'He said at first he got it from a friend at the Taueru, and he afterwards said that he gave a coat and blanket, value thirty shillings, for it.

1 Henry. Nelson, landlord of the Taueru Hotel,' said the accused came to him two days before with a cheque for|a,bout three pounds which witness cashed for him, The accused was very free with his money, and very rowdy. His own groom.'was going to feed Drumgold's horse when Drumgold stopped him. When the horse yras missing the accused said he knew where the horse was and offered to fetch him for a pound. Witness saw Drumgold and tho accused leave the house together. Ten minutes later they came back and knocked at tho door. He was willing to admit Drumgold, but. refused to allow the accused to : come in, They.both went away again. The' Court: Is it your style of doing business to lock a man out who has been staying at your house two or three days? • Witness: He wanted to go out previously, and he. was too rowdy. I asked, Drumgold to come in but he would not. Neither of the men were drunk to speak of. The accused: Did you not hit me whon you tamed me out. Witnest.No. You tell lies.

The accused: I have seen some bad houses in Manchester, where I come from, but they are not equal to.the Taueru Hotel.' ! /« } The accused who made no defence was committed for trial. s

Thomas Kainie appeared to answer a charge of not obeying air order to pay 16s a week to his wife Agnes Eainie. Mr Beard appeared for the defendant.

The Court said it should remand the case to Christchurch where the informant lived.

Mr Beard hoped that the Court would, in the first instance, hear what counsel had to say. The original order was a bad one. :

The Court said it would be glad to have the matter of the regularity ot order argued out before another Magistrate. Mr Beard thought the Court ought not to shift the burden off its own shoulders. The Court said that if defendant admitted that he had not obeyed the order there would be no necessity for a remand to Christchurch,

Mr Beard said that the payments had not been made because the order was bad in law.

The Court, at the request of counsel, agreed to remand.the case for.a fortnight, Ewington v M. Cowling—Board and lodgings £3 Bs,. Judgment for £2lßs 6d and costs 15s. (Left Sitting.)