R.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4358, 2 March 1893, Page 3

R.M. COURT.

MASTERTON.-TUESDAY,

(Before Colonel Roberts, R.M.)

The following evidence wbb taken i , yesterdiwfr in the case Eastwood v. Tuohy after we went to press:— I Joseph Campbell said ho occupied I the fiamo room with accused at the I Star Hotel, and went to bed between I nine and ten o'clock, Got up when i he heard Eastwood knock at Miss ] Williams' door and her objection to 1 fidniithim. Witness was standing at i Lis room door, and could see and bear ( what was going on in the passage, i After Mrs Eastwood came upstairs he I saw Eastwood strike at the door and i push the panels in. He heard Mrs I Eastwood call Miss Williams and I Tnohy obscene names, did not hear i Tuohy abusing anyone or using offen- i sive language, When the cons'able i Came he was informed that Tuohy I f and Miss Williams were staying in I the houße, Afterwards Mr Eastwood ] said to witness and accused that he i Was i-orry for the disturbance; ha was i urgedto what hedid by MraEastwood, i but there would be no more about it, By Mr|Pownall: Tuohy was going i away to some sports for which he had been preparing for some time. Know 1 that some of his mates had offered to ( square it if Eastwood would bush it i up. Declined to answer whether ho . himself was in another woman's I room in the Hotel the same night, and 1 Was not trying to screen his pall, i (ThewitDess would not answer directly < and fenced the questions whether he i had received communications respec- i ting the evidence given in the Court , yesterday afternoon, Ultimately said ; he was positive that no ouo bad car- i ricd hitn'any messages about the cvi* dence being given,) A, Watkins, who d&ttgHfefeiwitb Tuohy, went to the Star F. W right and endeavoured to got Eastwood to squaro the matter and|offered to pay any damages. No one authorised witness to do this nor did Tuohy go with them. Eastwoodsaid he was quite agreeable to square the matter if Mra Eastwood was agreeable, They then talked with Mrs Eastwood, when Tuohy came into the house and they left, Only this morning Eastwood said to witness that if Tuohy was short of money ho would lend him the monoy. Thomas Tuohy, defendant, stated that be had been staying at the Star Hotel off aud on since Christmas, On Sunday evening he came home about nine o'clock. Hiss Williams was with him and they had a drink together. While talking to Campbell in their room Miss Williamwsked him to get her somethiDftjtojfflß: and he took some whisky when there he sat talkindyoher for a short time. They heard Eastwood coming up jtaitß and witness would have had time to Lave left the room, but might have met Eastwood in the passage. The evidence given was similar to that given by Miss Williams in respect of the application to get the door open and their forcing the door in, al6o of what took place aod the language used. He denied using the foul language to Mrs Eastwood' with \vhichhewas charged in the summons. Hc'alßO denied breaking the floor or using offensive laDguago to Mr Eastwood. Did not tbreaton to injuro Eastwood' in respect of the license nor did he offer to squaro the case. When arrested he was on bis way to New Plymouth to compete a,t nnorts there, ' ■■■;, At this stage the Court adjourned, and on resuming at two o'clock, in reply to Mr Pownall, accused said ■•r~*« no row or heated discission came. Did not allow that he was 'ln tmnoom till Mrs Eastwood came into the room. Would swearpositively that he was not under the bed, nor flit] ho attempt to hide there. He w aa not a coward, The door came in in splinters. Could not eay how many Wowb it took to break the door open, Anyone in the passage or next room couW hear the door burst open,] and he tbougbUbat Sutton and Wal, w must, have heard the door burst o pen •He Btiuck on the wall with hishand-nota heavy blow, fleonly Struck about Bixty pounds.. Thought that it wad better fprbt the walll than 9 Y ent bis anger on Mr or M M

wood. He might then have been had up for assault. Was positive that Mrs Eastwood used tho language to Miss Williams that had been altri - butcd to her, When ho saw Eastwood on the Monday ho (Eastwood) said that he would settlo it if his wife was agreeable. Admitted that bo would lot it bo kuown what kind of a house the Star was. Was willing to settle tbo caso and pay the damage if Mrs Eastwood would apologise to Miss Williams for tho language used. J. 0. Eastwood, recalled, said that tho statoment of accused with regard to settling the matter was that ho would give all the wages due to him and apologiso in all the pipers for what ho had done if witness would withdraw tho case, Accused did not ask for an apology from witness or bis wife. This closed the eaao for accused. His Worship said that ho would convict on the charge for refusing to leave the licensed houso. Accused would lie fined 40s, court costs 7s, Counsel's lee 21s; in default ten days hard labour in Wellington Terrace Gaol. The charges of abusive language and malicious injury to property Wnuld be dismissed. 'lhe fine was immediately pail. MABTERTON-THURBPAY. (Before Colonel Mens, O.) HORSE stealing. Charles BroHdbent was charged wiih stealing a black mate, on 21st August, 1891, tliii property of Jas, Keig. Inspector Pender prosecuted, and Mr Skipper appeared for the »ceused. Jas, Ke>g, swum, stated that in August, 1891, tho black mare now outside the Court was his property. She whs now in possession of J, Osborne. On list August, 1891, the j mare wbb running in a paddock behind Mr Thompson's Empire Hotel, on that morning about nine o'clock. About an hour afterwards misßed her from the paddock, which ho believed was fenced, The saddle and bridle were also missing, they were kept in a cottage near at hand. The accused was there the night previous, and witness stayed with him in tho oottago, Had very little knowledge of him previously, Tho accused had no claim on tho mare, and witness did not authorise hiin to remove her. Ho valued the mare at about £9, and tho saddle and bridlo about £4. Ho last saw tho accused about nine o'clock od the morning of the 21st, told witness he was going to work at a sawmill. Did not see the mare again for about four months. Ho found her at Gladstone in tho possession of Constable Darby, but never saw the saddle and bridle since, nor did he see tho accused afterwards till now. Could not swear lie was tho same man, By Mr Skipper: Would not swear that accused was the same man, only saw him then on two occasions, and he had changed somewhat, Was not bachelorising for some time with tho man who he had considered to have stolen the mare. He was not drinking with the man except that ho had been induced to bring two bottles of beer and did not get any money from him. No ono had any authority to take the mare to sell, Ho had nevor offered to settlo tho matter for tho consideration of a pound, Had offered to stand hall the loss with Mr Osborne if he got tho mare back, Ho never told Mr Osborne that he would Bottle tho matter for three pounds, He bad not been drinking and was quite certain of all that happened. Ho would not have been satisfied if the accused had brought him five pounds. Helaidthe inlormntion on tbo following Sunday morning I wo days after he missed the mare. Did not say to Charles Broadbent, senior, that ho had often sold a horse for a pound and would t-nKe a pound to settle the case now. Witness again repented that he could not swear accused was the man who had i stayed with him in the cottage. To His Worship; Laid the information against Charles Broadbent, George Osborne, livery stablekeeper at Oanerton said the mare outside the Court was in tho possession of the accused on tbo 21st August, 1891—at his alahlos at Carterton—there was also a saddle and bridle. Accused said Mr Giles had recommended him to witness who would purchaßo the mare, Told tbo accused that ha knew the mare, and asked him where ho got her from. Accused replied that he got her from Keig who was in Masterton drunk and had pawned bis watch for a poundAccusod wanted seven pounds for the turnout and witness gave him five pounds, they made a bargain for that amount, and be got the receipt produced. Two days afterwards Constable Darby said the mare had been stolen, Accused said his policy would run out if he did not pay that day. By Mr Skipper: It was in the middle of tho day accussd came to his siables, and witness thought it was all straight. The maro was got from witness by Keig in a deal for a horse, and he knew her quite well. Two months afterwards Keig camo to witness and said ho would give him three pounds to give up the mare and he (Keig) would go and withdraw the charge. Some month after witness traded the mare away for another horse. He had kept her under lock and key for six weeks at Constablo Darby's request, Was quite satisfied that accused was the roan who had sold him the mare.

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