R.M. COURT.

Wairarapa Daily Times, Volume XII, Issue 3911, 12 September 1891, Page 2

R.M. COURT.

EKETAHUNA—THUKSDAY.

(Before Mr H. Aulin, J.P.) DRUNKENNESS. j William Murdoch was charged by Constable Roche with being drunk and incapable in a public place on Wed. nesday evening. The accused pleaded not guilty. Constable Roche, sworn, stated : I went into the Eketahuna Hotel on Wednesday evening and found the accused lying dead drunk in the pas. sage. I called on two bystanders, and conveyed him to the lock-up. The accused : Was I wounded when you locked me up ?—I don't think 80. The accused: Did you Bee any blood on my collar ?—I did not. The accused: Is it a fact you have threatened to lock up certain persons ? —Mention names.

The accused : I will no' give names. What tinid did you let me go ?—10.30 p.m. The accused : Do you think I was knocked about before you locked me up ?—No, you were noc. The accused: Did you see any blood on the bucket ?—No, I did not notice any. The accused: Nor on the floor ? No.

The accused : Do you swear I was drunk ?—I do.

The accused : Is there any reason for hiding my collar ?—Certainly not, (the collar was here produced). Dr McLennan, sworn, deposed : I was sent for by Constable Roche last evening to examine the accused. I found him lying down in the police cell. I helped him to get up, and felt his pulse. I will swear he was drunk. I did not see any blood on his collar then, but on being sent for a second time I saw blood. I examined him and found a small cut on the back of his bead. I put a couple of stitches into it. I would say the cut was caused by a fail on something like the edge of a bucket. I wills wear positively he was drunk. I heard the accused calling out to his brother officers of the Oddtellows and Knights of Labour.

The accused: Did you examine my head the first time you were called ? No, not at first. Don't you thiak a man by a blow would be made insensible ?—You were not insensible, you were beastly drunk.

Don't you think a man would be excited on being thrown into a cell ? It is possible to be a little excited, but not in the state yon were in.

Constable Roche : You are positive be was drunk ?—Quite positive. Herbert Williams deposed: I was called by Constable Roche to assist bim to convey accused to the lockup. I would take him to be drunk. I heard him call the constable names. I was present when the doctor arrived. I visited the cell again a little while afterwards with the constable, and found the accused sitting on a bucket. On leaving the cell he remarked that he thought there was blood on his collar.

Stephen Sheehyn gave corroborative evidence.

For the defence Christian A lbertson was called. He said he was asked to go and see Murdoch. He heard lie was in the lock-up. He called out to him and asked what was the matter. He replied " I am in the lock-up and want to get out of this as soon as possible." He did not think he was drunk. He did not appear to be. He was a member of the same society as witness. He had not had much experience with drunken people. B. Syversen, sworn, stated : I saw Murdoch at 6.30. He was not drunk then. He had had a beer or two.

The accused : If a man got a blow don't you think it would make him stupid.—Yes, I do. I did not see any blood on the floor when I visited the cell.

By Constable Roche: His conduct was a little excited. I heard him abuse Mr Roche, and saw bim upset the ink in trying to write his name. The accused was found guilty, and fined 2s 6d, with doctor's expenses, £2 2s, and Court expenses 4s. A week was allowed the accused in which to pay, in default six hours' imprisonment.