R.M. COURT.

Wairarapa Daily Times, Volume VII, Issue 1928, 2 March 1885, Page 2

R.M. COURT.

MASTERTON—MONDAY. (Before 11. S. Wahdell, KM.) • George Henry Evans.—Larcency Adjourned case. Mr. Bunny, foi' accused. Sergt. McArdle in cross-examination Baid accused gave up his pocket book when requested. He had a considerable sum.of money in excess of the amount lost. Die] not know William Brighton. Gould; not' say. whether he-had any conviction on record against them. Had seen him on sevor.il racecourses in charge of a, game called " dumps." He liad seen him with games'on racecourses, . . 'Constable Robinson stated that he was present when the money was obtained froin the accused.' The accused had four different rolls of notes. When the Sergt. opened them Brighton stepped forward aiid"said-: "that's my note," pointing to the top note on a roll. .The Sergeant asked him if the notes underneath were his and he replied that he could not say. The Sergt handed the. notes .to. witness who took the numbers of them. (To Mr -Bunny).. He did not see Brighton again that day. Brighton did not see the notes .till the Court sat in Carterton.

To the' Court: Thorew'as'no probability of anyone reading' the number of the note from the time it came into possession of witness.

The Court intimated that the amount was not within his summary jurisdiction, and that the accused could elect to be tried by a jury. The accused elected to be tried by a jury and reserved this defence. ~'' ■ The Court fixed the bail at two sureties of £SO each.

John F. Scott, charged with drunkenness, was fined 5s and ordered to pay 29s 6d for medical attendance and necessaries. Duncan McLcod for drunkenness was fined 5s or 24 hours,

John Lord, apprentice of Thomas Garland, of Wellington, absent withoul leave, was remanded to Wellington. William Riddle.—Selling grog withoui a license. Mr Shaw for accused.

George Lucas Walker, constable stationed at Wellington, deposed that on the Ist of last month he was working on the roads in the Whareama district, Ho was boarding with Mr Riddle. He had been inside Mr Riddle's store to got a bottle of stout, Mr Riddle served witness with it who paid one and sixpence for the bottle. Witness gavo him half-a-crown and received a- shilling in change,

To Mr Shaw: He was thon a constable disguised as a navvy. He drew Government pay and pay from the Road Board. Ho was ordered to go up from Wollington, He saw Mr Perry, the overseer of roads.' He did not tell Mr Perry that he was the spy sent up by the police. The Court did not see that this evidence was relevant.

Mr Shaw: "I am going to show a conspiracy, I am not going to attack this man but Mr Perry, Mr Mackay and Mrs Owen, ' ■ -■

Witness continued.: "Pertv gave me two pounds at Mr Riddle's: e,eight or ten days after I went to > t k Perry told me to go to work in lie cutting.' Ferry did not know I wa' policeman. Did not see MrMackay. Mrs Owen; she did not know I a policeman. Only Constable Collerti .new, I first slept at Riddle's on the 3th of January, I swear I did not bring a bottle of grog from Tenui that night. A man named Clark was there,' It was the Sunday before I brought up a bottle from Tenui. I had a couple of shillings worth of rum in a small clgret bottle. I recollect David Dick coming in, There were usually about tgn or a dozen men in the house, I have laid eight informations against Mr Riddle and his house-keeper, all of them charging the sale of liquor to niysejf, „ I did not charge them'witli coiling tq any ottjer people but I may do so later on. Mr Shaw : Can you give me the name of any one except yourself wl)o was served with liquor. Witness: "I did not seo any pne else 'servetj, As far as lam aware Mr Perry was ignorant of ir\y being s, constable." Mr Shaw: "Did you work hard all day." .

Witness: " I did tlio best I could." Mr Shrw: "Did you earn the Road Board money 1 Witness: That was Mr Perry's look out.

Sergt. McArdle: What was the rule at Mr Riddle's house for supplying liquors ? Witness: Only one porson was admitted at a time. I tried to go in while another person was there but was stopped till he came out. The Court: Did you ever try to take anyone in with you to the store ? Witness: 'No. Ifr Shaw for the. defence thought the' police would be better employed to prevent crime than to encourage it. He pointed out that the constable had to, walk to Tinui to get liquor because he could not obtain it at Mr Riddle's. He mentioned that Mr Riddle had erected suitable premises for a license, but was refused one on the instance of Mrs Owen, The object of the present proceedings was to disqualify Mr Eiddle from obtaining his license at the coming meeting. A gross effort had boon made to hound Riddle down.

William Riddle deposed that lie occupied an accommodation house in the Whareama which was built for an hotel. In consequonce of a conviction his premises had been disqualified for a license, but the disqualification would expire in March. He remembered informant coming to his house. He was put to work ten chains from the house, and afterwards in front of the door, The road did not want repair then. The informant did about a days work in a week, Informant went several times to Tenui, Informant went into the store to look at boots but not to buy grog. Perry advanced informant £2 oil accouqt of wages in his. house, His boarders were jn the habit of going to Tenui and bringing back bottles with them. When they did'lie would take possession of the bottles so as- not to allow them to drink it all at once, The Constable had never asked him for liquor. He never gave or sold him any stout. He might have drank with the other men who brought grog from Tinui. Witness never took half-a-crown from him and gave him a shilling change. Mr Shaw then suggested that the evidence in all the informations should be taken simultaneously. •' Elizabeth Mulvay, housekeeper to Mr Riddle, pleaded not guilty to two informations laid by Constable Walker;

Constable Walker - (Jepqsed tljat qn February 3rd he went into Mr Riddle's bedroom to get a glass of whiskey. Witness paid him a shilling fur it, and paid him also another shilling' to giye Robert McDonald a drink, who was standing on the stairs.

The Court: Did you see any drunkeness about. Witness: I have seen men there under the influence of drink. On the evening of ■ the 4th I bought a bottle of stout from the store and payed Mr Riddle eighteen pence for it. On the 7th I played a game of euchre with a man named Hill and as I lost, I bought a bottle of Btout, drank half and left the other half, for Hill. I played another game with a man named Thomas Smith. Smith went into the store and I went in after him and found half a bottle of stout on. the counter.. I drank it and handed Mr Riddle a pound and he gave me back seventeen shillings in change, On the 9th I had another glass of whisky in Riddle's bedroom and

paid a shilling for it. I gave McDonald a shilling and told him to go in and get a drink, On the same day I gave another man half-a-crown to get two drinks, pno for himself and one for me, On the 7th I asked Mrs Mulvay for a bottle of stout, and offered her a pound note. She said she had no change. 1 owed 18s for board, so 1 paid for that and she gave me Gd change. On the- 9th 1 got another .bottle from Mrs Mulvay.

Mr Shaw: Whoso money were you .travellingwith? . ■'Witness:. My'own;:'." V ' Mr-Shaw; Were you supplied with money, for liquor. . • . Witness.: I had money, of my own. I ..shall make application to be re-imbursed the money I spent, I never saw Riddle take spirits from the mens' bedrooms. : In answer to the Court he said he had seen a man named Donelly come down from the bush and after, being in the place for two or three hours he was the worse for liquor. Robert Donald deposed to seeing the last witness in the capacity of a navvy on the 3rd Feb, on the road. He did not remember last witness asking him to have a drink, nor was he upstairs. ' By Mr Shaw: He was down to Tinui on the Saturday and got four bottles of whiskey, of which Mr Riddle took three bottles which was returned to him from time to time, the other bottle he planted so that Riddle should not get it, , Riddle seized the grog and gave it to him-in small quantities, so that he should not drink it all at once and get rowdy. Sergeant McCardle examined the witess as to what occurred on the 9th. Witness went into , Riddle's bedroom. There was a glass of whisky there and he. put a shilling down that last witness gave him and drank the whisky. The last witness told him that he had had his drink,

Alexander Mcßae, shepherd, gave evidence to the effect that last witness gave him a half-crown on the 9th at Mr Riddles and told him to go up-stairs and get a drink, witness went up and found a glass of whisky which he clranK, and left the half-crown.

By Mr Shaw : Mr Riddle was not present when he got the whisky and left the money, and as soon as he came down the constable or navvy went up. , Witness saw Riddle in the passage and offered him the half-crown when he went in but Riddle refused it.

Robert McDonald was called to give evidonce in the oase of Mrs Mulvay. Ho went into Riddle's store in consequence of what the constable said that Mrs Mulvay wanted to see him. He got a drink of porter from her, By Mr Shaw: Mrs Mulvay asked him to have a drink of porter, he had killed a sheep for her previously and she had often given him a drink but never asked him to pay for it. This concluded the case for the prosecution. " Mr Shaw said the whole of the case rested upon the uncorroborated testimony of an informer and if this was the way the police department was to be worked it was high time the police department was reorganised. The men had brought down grog on the Saturday and Riddle had seized it. The constable, knowing this, sent two or three men up, giving them mo*ey and telling them there was a drink for them. He then followed them up and took up . the .money which was never paid to Riddle or his servant, Mrs Mulvay was sworn ancj by the Court at the request of Mr Shaw. Walker paid her on the 7tli for a week's board. Walker may have had a glass of home-made beer, .as witness had some on the table for herself and the cook, There was no stout in the house until the Thursday or Friday before it was seized, There was no stout on % premises to her knowledge from the f|rsb iof tjje ■■ year until then. . Schofield did not bringa case on January 27th.

The Court said defendant had jnto the box and sworn directly in apposition to what the Constable had sworn, and he thought he had overdone it in swearing that the Constable who had been sent up for the speoial purpose of discovering whether sly grog selling was going on or not, should stay in the house and during the whole of that time not ask for a drink, or offer to pay for one. The defendant had so positively sworn that the Constable had not ovon asked for a drink and that ho did not give him one, that in face of tlio conflicting evidence he should dismiss the information. The defendant would be responsible for his oath.

Police v Sewell,—Charge of stealing a horse valued £l2, the property of Mr McMann. The case was adjourned for a week in consequence of the absencoofMr Skipper, counsel for the accused,