R.M. COURT.

Wairarapa Daily Times, Volume XV, Issue 4424, 20 May 1893, Page 3

R.M. COURT.

MABTERTON-JRIDaY. (Before Mr T. Hutchison, R.M.) MRJHTHKO OAMBLIKO IX A LICENSED HOUSE. (Continued). On resuming at two o'clock yesterday (Friday) afternoonHenry Noilson, cross-examined by Mr Pownall, said that Eastwood was in tho room when tho dion were thrown, Did Eastwood go, into tho room whore the heavy stakes wero played for. He (Eastwood; went out of tho bar with Mortensen find Hebley when they went to the other room to play. Was not certain, but believed that Eastwood told them to go into this room if tlioy wailed to play. Eastwood told witness to.eudeavour to got Mortensen to stop play When the obequo was changed i4§£r ; J. Albert-en, settler, of Maurice. Tille, gave evidence thatdie'entered the Stur Hotel with ...the -previous Witness, they saw dice on tho table .of the privttfeh»r and joined in a j ling in." ue gave Mortensen .two cheques for fivo pounds each when he wanted it, to go on playing .withi Hch/, ley. ' : '-r;C^:f:A : W::-y\ By Mr Mortensen and Hebley ;ibVgo Buothor room if tinue playing. Did not seeJlbrtMisen have any drink 'wlieir'ho,fch'ang*cd-t'he. oheques. He' did'ih'ot si'c'Eastwood; go into'the play was going on. This was tlie>ase-fgr tljcSprpsecu... tion. %'-^-%'y' ! :.4

lor the defence,'-Mr'- -Pbvraall said-' he did not tho gambling port of the qnwioii I .p<ily ut. clear up the couk-pnil-bnli: s ory .of Mortensen. There thero was no lambiog dawn as''shown 1 in a previous case, 'aiid::he : '.;w.onld ; show tharß^^eii^^inbttl!! 1 ; *' pigeon " nowtis repKserJ'ted;to',bp,. but really was tho cbiefUncontive."to-. keep up the gnnibliug, :;;TJip,quratibii that had lo be decided;' Eastwood was coanison't-i of the; Raiii.|i-. ling, bo as lo make him liable -.lor the; i offence he was charged with;;..:/ J, 0. Eastwood, BWorn;;staled;ihat: the previous witness came tp.jjiN.liposu on the uight in question::'the ■ first; time at about hall-:past.nnie.;o'clock' and again abont'..lerifp'r'-.Jialf when the circus'Lad.finißliiad; ■ "The, second time 'they.;'ciim'ci.:Jlor!e.nsen ; said ho wanted beds his mates, and in'order'io.'accomrao'< date them witnesa^tpok.'one; nmn ; <lown stairs to make rbonj-for:. tlitm. Witness put th« iusd Suttoii,'whosw.a3 working in the hcttlr.itfa jrooiri'knowji', as the piano room.; knew that the Wotrenaen;partyvlwl;g'o'iw; into the private. bar^: : but.iWyd8..:ve.ry : busy and did not take 'anv: nolicK ■of all who were in theroom;until: : hisat< tention was culied to. the.gambling by. thfl barmaid, who .said; .thoy were. getting too went ,iiv and said he would not have-thatyg'anie;; •carried on; if they wan'ed% gamble' they could go Bomowbere}:else'"?as; he: -would not allow it there; 'they; would. loose money and ( ho. would; get the blanie, He did not knowshow/many/ were ploying. There was a.lot'of ih'e.mround the table. He did hot show. cashed he called for four drink's-which-witness supplied, change. Later on; Mortehsen'ci.riiie. back and changed another r£s;:cheque, which; witness cashed. 'He. did notnak any; reason why they ;%antcd : :.ahotHer cashed so eoon.":-Ftdtnjso : ca'sliM;-::a ; cheque for £1 for Neilsen/; The'iie'xt: thing ho heard was ; a rowj. ahd ;, \l.or-; tensen wob ■ -wanting';-'..to''.light' in the room ; ; tji!*. .;iuaii: Sutton was sleoping.rWiicn -ivit-; ness went into the ro6iii. : . he'-snitl,;

Now what did I''tell.you/,, I'll not bavß this game',-here.' Baid he bad lost.half-a-sqvereign, Witness said if that was all, lie-would give him half-a-sovereign lb settle, the; dispute. Mortensen then; Baia".-/!'No,. I have lost £2O, and rwaht : it'.bacli." : ; Mortensen proposed should be searched, arid .witnosa;then; left the room,. Hebley wcntv.upstairs' to his room. ■■■■ k]T-';-V *- ?■'.:%.

By Mr Bunny ? :;n'-w6u]d ; ibe';rtou| a quarter past ten...when;, Mort'eueeh and his friends came/lin- -the. Second time. He had no dice on- the,..premv ises at this time and did;; nbtsee;; the dice played before Mor'tedaen.-pam'ein tho house. The dice did; riot--belong. to wittftss", ifivould be.'about eleven o'clock when he went into the.priyato bar and stopped the play/JHeS then closed the bar. Saw J the. diee-. and box, but did not see any money..-- ,He did not take the diceup ''but "cleared tho people out, Ho. : did:; not know who took away tho.dice.box,;. Witness did not know ho saw by the evideric" of Mortensen | given in tho Court. ;,;;Mor'tensen.'. did .not tell witness what; he-'wanted /the, -cheque cashed .Could /hot-say •who was there when the change was given, It was false.tbat''hoigaye"five' single notes for the cheque, ;;hecaiiso lie was not a hanker ■;arid ; ; always Lad something -forpangiog; a cheque. He thought it waßSlrangoto cash a second cheque BOBopnafterithe first one, but made no.jnquiry-asjtp, what they were doing; .Jaw-nodice, that night, and was'-not /■; looking on at the play. gest that MortenßonMd /party should stay the night;.;/y;MorleiV: 88n ,M&prcvioußiy ■ orddrcil :;beds; Dice niPp have been in tho'box, but they were not on the tables-Knew Albertson by soiling him in the : house efbre. ■■" :Ki: -'P' J it

Jacob Hebley, artist;, the next witness called, gave evidence that he was in the Star Hotel oneSaiorday night about two months ago, /Recollected playing dice with Mortensen; tt was not witness who proposed tho •):'•« throwing, hut when someone nroo a " ;, ""' Dg in " Mort6naen a «ide w»ger of 23 Gd, wMdi UeB B^ ree(lto '? nd,,Bt J lie |'T tho amok* *» Jncreased to ss, Jfterwrfs nen'B suggestion -to Growing for ss, tookpkeinthopiwtobarofth Star HoUIr%« tliatthetimowaa about Jjalfpf nine, and Mortensen »naiiU« came rin afterwards. Oitai wero ftherebuthedidnot know them. At this Btago the witness was accommodated with a chair aB he was Ited to be unwell and suffering froru Sbma. He also Ad the Court if ho would be protected against any penalty in giving evince «the pre--86 HipWOTßhip Baid be did not think ■there was any penalty that could be imposed on tho witness. Examination continued:—Did not recollect seeing Eastwood come into the bar, but just«.Mortens* m • savinK to witneaa, tbat be wanted to lih f again, Eastwood cap along ; „d J''Clearout of this, wont ,Le you here." Witness, Mwtenßon Jndi stringer wot lata another

room. Could not say whether Eiatwood knew it or not, Did not take in tho dice, Thought Mortensen produced the dice. Mortenson had called witness a " our" and challenged him to throw again, and it was to satisfy him he went into tho room. Had refused to play with Moiteusen unless another man was present. A lot of people were in the house, but witness could not say whether they belonged to ihociroußcouipany, When witness knocked oh" playing he went to bed mid did not see Eastwood again. Had won £7 only from Mortensen. find played fair, and although they tied on sovcral occasions, it was untrue that ho (witness) had thrown four eighteen's consecutively. The half sovereigns which Morlensen had raado.a statement about, had beon won by witness from Mortensen. Had bet a pound that Mortensen had the half-sovereign, and it was eventually found on him. Mortrnsen became excited and wanted.to light. Witness at that iinifl.went.to bed, 4 man called Johns', and a stranger were in the room where they weie playing. •i;By Mr ■■Bunny: Only sav, Eastwood once dining the evening, Could ji'iot.say where the dice came from or ; who. prbduced. them. The barmaid was'in the bar at the time. Oue of ■Morfensen's friends won the biggest Might have shqiitedi': but-, did not think ho did. \W.Dnt ; .':tp'4bc!l , fbelore twelvo o'clock. ! Was':■ayvakt£aud;>obm\.but did not 1 bgo EsdtwoodVr' Ijived in.Wellington l'afld;l)ad;secn''E»'3twood ; there,buthad '■nptagieedlo'give'; evidence, for him oii ; c,6nditi6ii. th«t: nstwood 11clped him-piit of liis case.; -'ioldjEagtwaod :iiiat:hr'Bhnuldi;bß-no;gopd as he felt bc'eiiihrpwri -.inii lie' b'ousp; :#/'. \ ;;s£■-

.cwyyas adjourned 'muiljeii'jviii;;'ln7nioi7bw'(SHtuiday) : uiprri;ing;. ',.';";■ y^'^u;'::' : ';;; /,f^.