R.M. COURT.

Wairarapa Daily Times, Volume XIII, Issue 4149, 29 June 1892, Page 2

R.M. COURT.

MASTERTON.-TUESDAY. (Before Messrs A, W,Kenitll and J, Butement, J.'s P.) On the Court resuming, Lilian dimpson, sworn, deposed: I reside with my mother, Mrs Holmes, in Renall-street. 1 was living at Wright's boarding-house for over twelve months. I left the district Ind went to Wood'/ille* but was followed by Mr Wright in a buggy and consented to return. I remained a few weeks at Wright's hduae, when I left to live with my mother at her wish. Since then I have received about thirty letters from Wright, One asked mo to return, but as I refused he sent me a number of abusive letters, He told me he was a man of means, but I found lie had, lied and I left him. He has several times been to my house and asked me to return, and when I refused he abused me. I then went to my solicitor and asked him to write and

tell Wright to keep away from my house, Wright replied that he would have me arrested, My mother has been

way at Donald's for about eight mh. On Tuesday last Mr Hill ante to sec me. We were sitting at he fire together when there oame a ap at the door- I went oat and saw ht'ee persona there, one of whom was illers. He asked me if a roan named Vilßon lived there, I told him he did iet, and the man then left, Between ight and nine o'clock several men eturned. 1 answered them, and they aid they wanted Fin Hill. I sent Mr lill out to them, I oannot identify hose who were there. They asked ie who lived there and I gaVe my QOther's name. I heard them shout '—'s inside and we'll liavo him tut," They oame a third time and aked for Hill. I Bent him out anc rent for the police, but whilst Iwai iWay they dispersed. I asked HiU K ome on the following night and ei rith me, as I was afraid the met .'ould make another attack upon me -Ir Hill came, I had a warning that i aid was to be made upon the housi nd was advised to. see the police Ibout eight o'olook a constable oame l few minutes before nine there *'a , knocking at the door and severs ootsteps on the verandah. The doo w looked, but the visitors turne he handle of the door and poshed ut gainst it. Somebody said, "Burs he door in." They again called fo ,and Bf id I had him ooming ( ny house. I have never spok' Qore than six words to -—in m; ife. Hill told me who the partie rere on the verandah and I said," mow who you are." I heard : creaming outside and looked througl he window, when I saw a number o lersons on the road. Miss Prangnel vas.passing at the time andsheoam lad told me who those were outside [ did not go out, but heard a womai jrying " murder I" ' Ellers and i Maori called upon me last night am isked me to withdraw the case. Eller said he was prepared to tell the trutl and say what brought him to m; house. He oame in with some paper which he asked me to sign. He sa~i he would give evidence for me if would withdraw the case. He wen out orywg and begged my pardon foi what he had done. Between elevei and twelve last night Wright oallei upon me and said, " Lily, will yoi withdraw the charge; against, me?' He then said "I'm'sorry' for wha I've done; it's all my jealousy; wil you come back to me and I'll give yoi the last shilling I've got." I repliei "No I" Ido not wish ,ths. aocusei any barm, but I want to be left alone I desire protection in oase these an< noyances are repeated, By Mr Pownall: Ellers oame ti me and apologised, and I accepted il I believe he did not. know what hi was doing. I believe he thought m a prostitute; ;I have no further fea of him, I did not a»k Ellers to pu Wright away .as be was .at thi bottom of it. Ellers asked me to b lenient with Wright. 1 said, "Hewa not lenient with me, but I don't wisl him any harm." When Wright cam he said he wished to speak tome 1 told him ; to say all he had to sa' through the door, Wright kicked m' at Eketahuna and left marks on m; body for'six weeks. I didnot.com back wi)V him' because I'liked bin but because I feared him. I woul not come back it I had not wante money, I have received presents am jewellery from Wright, but hav earned I; was;? to > Ireoeive ',; pound a week to work for hid, but i was arranged that he should give m my clothes and what I wanted. ■', have received no money from boarder for Wright wbioh I have not ac counted for. The fjrat tip I'fell ou with Wright was when I learned h 'was writing to Mrs —«—, He ah< 'suspected mo of intimacy with th .boarders and he orawled up the stair and watohfd meiwhen I put up th blinds, He led me to believe he ha' money, and I was annoyed when

found he had lied tome;; 1 have' asked Hill to sit with" me every night since Wednesday, I do not know, Ellers sufficiently well to swear' to his voice. Wright once wrote and told me be would put me out of the way. He used Mr Pownall's namefreguently when writing to me, He said he had been told by Mr Pownall just what to say. I may have said I would bring Wright as low as he has brought me. Reexamined by Mr Bunny: My mother for Jade me from having anything to do with Wright. I was living ahout;fiftesi months atjWright's aud having control over the boarders took moneys andentered them in the books.I have robbed Wright of nothing. .1 received a pound a week from him for a few; weeks,; He then asked me to marry him, bat I told him I could not. Mr Pownall afterwards drew up a marriage contract which I have never seep. I then received my olothes instead of a pound a week. (Mr Bunny here put in letters from Mr Wright, asking tho witness to return.) I would not have known Ellers if Hill had not told me who he was. Cecilia Prangnell deposed that she was living in Renall Street. Mrs Holmes, the mother of the informant, occupiedlone of her father's houses. She was returning home about nine o'clock ou Wednesday night when she heard a shout, " Open the door I Open thedoor or I'll bash it in I" She ran as far as the fence in front of the house and saw three men on the verandah,; One of these was Ellers. He had his hand on the handle of the door. She went in and told her brother, She afterwards went out with her mother and Mrs Gordon and saw Ellers strike her brother. She then saw somebody throw a stone and she went to the Presbyterian Church for her father. By his instructions she went for a constable. Orlando.Prangnell deposed to having seen Wright "and Ellers on the verandah of Mrs Simpson's house on Wednesday evening, When he went up one of the men said, "What the h-do you want?" The three men then went out and two slunk away, Ellers then Called'' a Maori named Karaitiana who asked " What are you doing here ?" Witness replied that he was defending his father's property, whereupon he was jostled and struok upon the eye and head by Ellers, Gordon, who was visiting witness'house, t'len went out and the crowd dispersed, after throwing stones at Mrs Simpson's house. Witness and : Gordon afterwards saw Wright .throw a stone at Mrs Simpson's door. V John Gordonan.d William Pranghell gave corroborative evidence. ; This was the case for the prosecution. Mr Pownall submitted that there was no caße to meet. There was no proof that threatening language had bean used by either of tho. accused, , and no effort had been made to forcibly enter the house. _ The-Bench said that having"oon« . sidered the'matter they could not look over je gravity of the offence. None but cowards would go and molest innocent women, The aocus ed Ellers would be sentenced to fourteen days' imprisonment arid both would be bound over to keep the peace. Mr Pownall: But no evidence has been given for the defence. Mr Renall: Oh, I understood you had closed your case. - Mr Pownall: No, I only asked for a dismissal on the evidence for the prosecution, . Mr Renall: Well, the Benoh refuses to dismiss the oase. Mr Pownall then stated that he would show that neither Ellers nor Wright were on the verandah and that they had not been guilty of the offences with whioh .they . were oharged. Thomas Cordue, on oath, deposed to remembering Wednesday, the 22nd of June. There waß a "shindy " in front of Mrs Simpson's, He was going towards Ellers' place in company with Cuckoo Karaitiana .and Ellers, and having a message to leave with Mrs Wright he want and knocked at the door. A. woman came to tbe door and said she had nothing to do with Wright and ordered witness off the verandah. Witness left, and afterwards saw some persons throwing stones. He did not see Ellers on the verandah, neither did he see Wright on the premises, although he could have done bo had they been there. Wright was not in company with witness, He could not say who was throwing stones, By Mr Bunny: He was given a message to deliver to Mrs Wright, 1 but ba would not state who gave him that message, Mr Bunny: I shall insist on the Court ordering the witness to answer this question. Mr Renall: Tho witness must either answer the question or destroy the credibility of his evidenoe. Mr Pownall: It is an astounding

tiling that the Court should doubt the credibility of this witness because he will not answer a question. MrEenail: The public can see for itself from the attitude of the witness that ho is not credible, Mr Bunny;. Then 1 refuse to ask the witness any further questions, Mr Pownall :Tt appears to me that the Bench has made up its mind to convict tho accused before hearing the evidence, 1 > Mr Renalj: Thora has been no evidence for the defence so far to alter the deoisici the Court has arrived at, The witness, in answer to Mr Pownall, stated that he did not roniem.' her the day nor the hour when he visited MrVWright's. , Cross-examined,by Mr Bunny, .the wifcness'stated that he had been drink*ing with Bllers during the day, but did not remember Wright "shouting" for him.

Cuckoo: Karaitianafgave corroborative evidence. He stated that he was going home with Ellen on Wednesday night when a young gentlpman blocked Elbrs and told him

' he was in charge of the place till- the arrival of the police. He knew where Mrs Simpson lived, but did not look at the house when, passing it. He did not see a crowd about, He and Ellera ran away; as. they saw; stones flyin?.'Neither Ellers,.'Wright nor himself bad-beed 1 "on the' verandah of MrsSirapspnVhdiiße, 1 .. '.; ' ByMr.Bunnyi'fle' had, two drinks at' i tha''Btar,-Hptel; alter lea, Ho cKonted for himself,:-with: his,own money (laughter); 'He was not at Wright's tboarairig-hbuifl' that night and was not drunk (Mghter). Harold "Newmigaii; a dentist's assistant, deposed to going for a walk with Elista, when the latter wasaccogted who pushed hini, Some stones were thrown, one of whiebf .dtrnok .witnesß,.., Ellera and witness were on thefoqipatii togother. He did not .see Ellers or Wright on ;M. "• Sioipson'a-verandari'. Ellera and witness-.werg walking together, and Karaitiahaaad Cdrdup walked behind. ' Bjr. Mr Bunny had, been a dentist's 'assistant in' '-Auckland, 'but through bad luck had left home. He was -now doing odd jobs

[about: the Star Hotel. He had not been drinking' on ; the night of the 22nd. Ho went;to' Wright's board-ing-house. .late;that night, after the hotels were'olosed. Ellers, Karaitiana and Oordae also went there, Karaitiana might have been drunk, but he did not notice drink on Ellers- or Cordue.

William Honrioksen deposed to having seen a row in Renall-streec on Wednesday night,, He saw. a man.hit George Ellers and throw atones at him. He did not see Ellers or Wright on Mrs Bimpßon's verandah. ~ ByMrßminy: He had.been work-, ing at the Star Hotel. He was out for a walk, when he heard a rowaud went to see it.

G, Ellera (one of the accused) deposed to remembering the 22nd of June, If any person swore that thf-y saw him on Mrs Simpson's verandah they swore falsely, He was going home when Orlando Prangnell onme out and aoooated him. He bad mi& no threatening language to Mrs Simpson and had never tried, to gain admission to her hou»e, They appeared to. have a set on him and were trying to.flatten him out,

ByMr'Bunny: He had been at Mrs Simpson's house on Tuesday to'ioquire for Fin Hill. He went to ae'n Fin Hill because lie had been keeping company with a person staying at witness' house and he did not think improper that he should go with another person. He had not: stated he had been offered £SO to get rid of Mrs Simpson,' Young Prangnell went up to him and pushed him, staling that he waß in charge of the place, He wished to withdraw the case because he did not want his name to "float Home" as it 1 did in the past, He had never offered to give evidence to sheet the case home to Wright. . . Fred Wright (the other accused) swore that he was never on tba premises of Mrs Simpson on Wednesday night, This was a trumped-up charge. He had never been within twonty yards of the house. He had been with Ellers in the afternoon and saw him again about half-past: ten at night. He had not set anybody on to Mrs Simpson. Why should he set anybody on to a woman whu had treated 'a man as he had been treated { He knew no niore of the charge than a piece of wood.

By Mr Bunny; He did not shout for Ellers, although he had been in the Star Hotel in the afternoon; He had nover said he would get Mrs Simpson out of it. He had not offered money to get rid of her. He did not throw a etone at the door. Somebody threw a stone ai him and he picked up a stone to throw at them, He was well satisfied with the way the informant had managed bis house and he had asked her to come baok. He went to see the informant on Monday night laßt and wanted to withdraw the case because he knew that such cases did harm to: business men. He had not admitted the offence. He confessed'that he had tried to get the informant back. He did not believe she would do him euy harm,although she had injured him by leaving him. Mr. Pownall wished to re-oall Cuckoo Karaitiana with reference to hi* going to Wright's boarding-house. Mr Bunny objected.

Mr fienall said that Cnokoo could go into the box, but his evideoce was not it all credible.

MrPovnall: It appears that the whole of the witnesses for the defend are incredible. It w another caan in which a woman is mixed up. The Bench is, I am sorry to say, taking her side; Mr fienall stated that he had been thirty years on the Bench, but the evidence adduced for the defence was the most contradictory he had ever heard.

Orlando PrangaoU, re-called, swore positively that he had seen Wright and Ellers on the verandah of Mrs Simpson's house. Mrße'nallsaid the Court could not give the slightest credit to Ellers for going in to the box and swearing as he had done, He would be sentenced to fourteen days'hard labour and be hound over to keep the peace for six months, in himself £2O and two sureties .of £lO each. As to Wright, they were sorry to see him in the position he was, He had run very near to being im« prisoned also, but under the oiroumstancea they would bind him over to keep the peace for si* months, in himself £2O and twoeureties of £lO eaohV'They would warn Wright against farther molesting Mrs Simpson, The evidence brought: out did not refleot the slightest discredit on that lady. . ' On the application of Mr Bunny, costs were allowed the witnesses for the prbseoution, with counsel's fee £1 Is,

■ CARTOON-TUESDAY, (Before Colonel Roberts, BiM.) T. Proctor vF. Hilton. Glaim£B 10s 9d, Mr Abheson for plaintiff. Judgment by default, with costs 10s and solicitor's fee 21s.

A, M. Brown v Irwin Armstrong, Claim—£l2 18s 3d, Mr Middleton for plaintiff, Mr Acheson for defendant. ■ Judgment for plaintiff for £5 18s, costs 31s, witnesses' expenses 30s, and counsel's fee 21s,

Irwin Armstrong v A, M, Brown, Claim for damages for non' Completion of additions and alterations to a house in the specified lime. Mr Aoheson for plaintiff, Mr Middleton for defendant. Plaintiff nonsuited, with costs 6a, witnesses' espouses 20s, aud counsel's feo 21s.

Potoana v Albert Phelps. Mr Aoheson for plaintiff, Mr Middleton for defendant. This;was a oase in which the plaintiff sought to recover ahorse or its value from the defendant. The case was adjourned till the next silling of the Court. Oharleß Wright v W. Oadwallader. Mr Middleton for plaintiff, Mr Aoheson for defendant. Claim for wages, £ll 10s Bid. Adjourned for a month. ■■•■ i .