R.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4357, 1 March 1893, Page 2

R.M. COURT.

MASTERTON.-TUESDAY. (Before Colonel Eoberts, R.M.) EASTWOOD V, TUOIIY, Thomas Tuohy was charged oa the information of J. 0. Eastwood, that lie did wilfully commit damage to a door in the Star Hotel to the amuunt of £l. Mr Pownall appeared for informant, and Mr Bunny for defendant, who pleaded not guilty. Aocused was also ehargfd on two other informations, thut he bad used obscene and abnsivo lauguage to informant and his wife in the Star Hotel, also that defendant bad refused to leave the hotel when requested to do so; in each charge a plea of not guilty was recorded,

Mr Pownall, in opening the ose, said if they proved their case he would ask for a substantial penalty, in order to deter such as accused from trying to do us they pleased in public houses.

J. 0. Eastwood, in evidence, stated that the oßence io the informations occurred on Sunday evening, at the Star Hotel. He was asleep, when his wife called his attention to something going on upstairs in room No. 14, Witness went upstairs, After he knocked at the door he heard whispering, and asked who was in there. The woman in the room said she was frightened if witness went in, Witness called his wife, who came upstairs and knocked at the door, which after some time was opened. On beingasked who was there, the woman replied, "No one," Mrs Eastwood looked under the bed and defendant came from under the bed. Witness was at the door and saw him. Defendant said, "It is me, jou black b—," Then, in his temper, aeonsed hammerod on the door, and broke the panels. Accused called witness' wife obsceno and abusive names, unfit, for publication, and said she ought to lie in bud, Witness then ordered accused and the woman out of the bouse. He re* plied that he would not go, Witness threatened to go for the police and accused said "there was not a constable in Masterton could put him out." Witness went and brought Constable Stewart to the room and asked him to remove the acoused. The constable did not remove ncoused. Witness again went for the constable who did not return with him the second time, Witness was afraid the excitomeut would injure bis wife, Accused appeired aa if he was going to take charge of the house, i Accused weut back to the woman's room and stayed there all night. Previous to this hud known the accused and looked on liim as a nice fellow and well behaved. Witness could not account for his behaviour At i this timo, Witness believed that after this the accused might repeat the offence and cause a disturbance. The woman came with accused and they engaged separate rooms. Acoused was staying in the house previously, The room where he put the woman was over his own bedroom, He always put single girls oyer his head (laughter), meaning in the room ovor that in which witness slent,

By Mr Bunny: Had always found accused a decent fellow and unusually staid in the Hotel, Never asked accused to look after tho Hotel in the absence of the witness, When he went upstairs there was no noise, only he could hear whispering in the room. Did not know at the time that Mrs Eastwood supplied accused with liquor about ten o'clook. Knew there were two in the room where thero should have only been one. Was in his night shirt, Ho did not break the door open nor hit the girl with the door as he opened it. Tho panels of the door wore brokon both outside and in,

Mr Bunny: Did not Mrs Eastwood call the girl and the acoused foul names? Witness: No.

Mr Bunny: Will you swear that Mrs Eastwood did not use that language ?

Witnoss; Sho did not. Mr Bunny: What was accused knocking things about for ? Witnoss: Ho started cursing and hitting everything in his way Mr Bunny; Wore you drinking that night ?

Witness: Probably I was, but if so it would havo been worse for the accused,

Mt Bunny: Was anyone else present but jour wife and yourtelf ? Witneaß: Yes the cook and the general hand about the house, Mr Bunny : Was Campbell there ? Witness: No, Campbell was asleep ill the room Tuohy occupied till the constable came. I did not see Campbell,

Mr Bunny ; Where was accused when the constable came ? Witness: lam not certain. He may have been in bis room.

Mr Bunny ; Did you not inquire the reason of accused going to the woman'B room 1 Witness: No. Mr Bunny: Did not the girl stay at your house before this? Witness; Yes.

Mr Bunny : Did she not then behave herself respectably ? Witness: Yes, as far as I knew.

Mr Bunny: Did not this woman asaist in your bar ? Witness: Yes, On 0110 occasion, Mr Bunny: Did you not then offer her the takings at night? Witness: No. I did not. Afcer I refused to square this case accused threatened to make it hot forme over my license, , J. Walker, cook at the Star Hotel, knew the defendant Tuohy, who was staying at the hotel. Heard Eastwood booking at the door at No. H, Eastwood asked that the door be opened to allow him to see who was there. After some persuasion the door was opened and the row commenced, Witness was lying in bed. Heard Mrs Eastwood gointo theroom and demand to look under the bed, Heard defendant Bay " It's me, etc." Heard a lot of banging about the wall apd next morning noticed tho door of the room smashed, Heard defendant call Eastwood a black son of a and Mrs Eastwood a blaok pow.' Sutton occupied the same room as witpess and went out for a policeman.

By Mr Bunny: Had been in Mr Eastwood's employ about six weeks, Defendant had always conducted himself in a respectable way when at the hotel, The female, who was in the room, stopped at the hotel occasionally, Went to bed about ten o'clock. Tuohy went upstairs before witness. There was a bit of shuffling going on in the room before Eastwood came | up. It was not enough to keep witness awake, The wood of the broken door wae in the bedroom 1 next 1 morn' ing. Mrß Eastwood called Tuohy a b—•, but did not hear her call the female anything, By Mr Pownall: Quite sure the language was used by Tuohy. Knew Campbell, and knew he wasin'the room, Did not hear Eastwood use 'bad language jit aj, ';.'/■

By Mr Bunny: I am not sure who used strong language first. The first I heard was from Tnohy after he came from under the bed, Knew fo came from under the bed bv thn shuling. ' John Sutlon, employed by Mr Eastwood,gave corroborative evidence to that of lsßt witness, except that he did not hear Mrs Eastwood use Btrone language to Tuoby. Mary Eastwood, wifo of the coo> plainant gave evidenco corroborating the statements of Eastwood. Her husband burst in the door and sho went in. Alwaye found Tuohy quiet and peaceful until that night. Tbis cloßed the caso for the proseontion. Mr Bunny for the defence, submitted that the case must be dismissed. Even admitting that immorality was being practised, there was nothing to bring .the matter under the 168 rd section of the Licensing AiWßßiy there was nothing to show WK peace of the had beeu disturbed until Eastwood himself came up. Mr Powxall replied, and His Worship decided to hear evidence for the defence. Tuohy was admitted to bail on his own recognizances, WEDNESDAY. On resuming at ten o'clock this morniag-For the defence Mr Bunny called Constable Stewart, who stated that he was called to go to the Star Hotel between eleven and twelve :oclook on Sunday night, Eastwood Wanted him to take accused in oharge. On going upstairs, found acoused in • his bedroom with another man. There <SJ was then no disturbance. Mrs Eastwood said accused had been calling ber names, which accused denied. Accused Baid that being refused admittance to iuo girl's room Eastwood had driven the door open with bis foot. Wituess refused to take accused in charge, but recommended that an information should be laid. Did not bear Eastwood ask acoused to leave the house,

By Mr Pownall: Being a lodger in the house, did not see how he could take acoused in ohargo lor what ha was told had been said to Mrs Eastwood. Would protect the interests of tho Star as much as any other hotel in tho town.

Kate Williams in her evidenoesaid that she lodged at the Star Hotel on Sunday evenins; last. Knew accused for some time past and was oogaged to him. Had refreshments in the eveuing with him in company with Mrs Eastwood. She engaged a room in the hotel that evening. Had once aeaisted in thß bar to oblige the barmaid with whom she 'was intimate. Went to bor room about ton o'clook. Not feeling well had gone to accused and asked him to get her something to drink, Acouaod brought soma whi6ky and sat down on the foot of the bed and they were talking. Whon they heard Eastwood coming upsUira accused turned the key in the door. Eastwoodaskedfortkodoortobeopened and after he had commenced banging at it wituesa opened it slightly and seeing Eastwood in bis nightshirt in the passage, cko then closed tho door and looked it. Denied to Eastwood that anyone else was in the room. He than culled Mrs Eastwood, who came in an excited manner and kicked at the door or knocked at it with her fist. Thought Bhe broke the lock of the door. The door was pushed open as witness was unlooking it and it caught her on the forehead, Mrs Eastwood wanted to pull witness out of the bedroom and called her names. Witness would not leave the room. Accused was then sitting at the toot of the bed. Mrs Eastwood then commenced to call accused a number of abusive names. The panel of the door was broken from the outside by Mr or Mrs Eastwood, Mrs Eastwood was moro excited than her husband. Heard accused with the others arguing in tho passage, Hoard Mrs Eastwood ask the constable to turn witness out of the bouse. %Mr Pownall: Was quite oer« tain that the door was broken by Mr or Mrs Eastwood. It was brokon from the outside. Tho panel craoked and fell into the bedroom, At this time aocusod was sitting on the foot of the bed, Witness was between hiin and the door, Acoused did not strike the door, but struck at tho wall in his anger. Witness denied that accused got underneath the bed or tried to get under it, nor was ho the bod, Witness sworo that TjUgjSfl did not swear at Mrs Eastwood in her hearing, (Loft Sitting.)