POLICE COURT, HAMILTON. [Yesterday.—Before His Worship the Mayor.] The Waikato Hotel Burglary.

Waikato Times, Volume XIX, Issue 1640, 9 January 1883, Page 2

POLICE COURT, HAMILTON. [Yesterday.— Before His Worship the Mayor.] The Waikato Hotel Burglary.

James' pay, alia* Kaae, «/*ff« Turner, was brought up on 'a. 1 charge of feloni-ously'breaking-arid entering the Waikato Hotel on the night of the 30th, or the morning of the 31st December, awl stealing therefrom certain liquor, &c, the property of Frederic Gaudin. Sergt. McGovern prosecuted, and the prisoner was undefended. The Sereeant, in opening the case, said the evidence he had to adduce was purely of a circumstantial nature, but he believed it was of such a character as would be quite sufficient, to < enable the Bench to arrive at a just conclusion. He would call Samuel Pascoe, commission , agent, Hamilton East, who deposed that on the night of the 30th, he, . in company with Mr Field, saw the prisoner skulking about t .a,rrned with a ti-tree stick and two pieces of iron, similar to those produced. Prisoner was first going tn the direction of the Waikato Brewery, but on being challenged by witness he left, and they afterwards lost sight of him. Geo. Judd, cook at the Wnikato Hotel, deposed, that when he went to the hotel at 5 o'clock on Sunday morning, the 3 1st, he saw the cellar door open, and the ti-tree stick and irons lying around. Roused Mr Gaudin, who, with with witness, went into the cellar. They saw that some one had been there. The piping of the beer barrel had been wrenched off, and the beer had been spilled over the floor. He had never seen the prisoner before he saw him in the hands of the police. Frederic Gaudin, proprietor of the Waikato Hotel, deposed to being aroused by previous witness. On going out into the street he found the cellar door had been broken open. He found that the piping had been broken off the beer barrel. Was late in the bar on the previous night, and left everything secure. The cellar door was firmly bolted, and could not easily be opened. He had been p.irticulai ly careful about fastening it the previous night. Before making full enquiries he informed Constnble Murray, and in company with him made a complete examination of the cellar. He found that about lmlf-a-aozen small bottles of stout and a bottleof brandy had been stolen. The stout bore the " Capt. Cook Brewery" label similar to those on the broken bottles produced (found in possession of prisoner.) He was the only hotelkeeper in Hamilton who had such stout, and had not sold any of it. Had only had it in stock a few days. A person getting into the cellar could gain access to the whole house. Had never seen the prisoner before his arrest. Harriet Ngahiwi, wife of Pene Ngahiwi, examined through an interpreter, deposed' that on Sunday morning sho was out looking for a horse, and saw prisoner sitting down iv the ti-tree, near the Peach Grove road, breaking bottles. In company with the police she afterwards saw the bottles produced on the spot where she saw prisoner. Prisoner appeared to be very drunk. Cross-examined : You were about 15 yards off when I saw you. Re-examined : Prisoner was sitting in a cleared place in the thick ti-tree. By the Court : Half -an- hour after I first saw him, prisoner came out of the ti-tree, and go into another place, and lay down in the spot where he was found by the police about half -an hour afterwards. Constable Murray deposed that he was informed of the burglary by Mr Gaudin at about 6 a.m on the 3lst. He examined the premises, and found that the cellar door was damaged and the bolt bent. It appeared as if the door had been prised up and the bolt knocked out. Saw the two pieces of iron lying outside the cellar, near the door. Went into the cellar and found the place disarranged generally. The piping of the beer barrel had been broken and the beer had been spilled over the floor. From information received he suspected the prisoner, and having reported the matter toSergt. McGovern they instituted a search for him. This commenced about halfpast B in the morning, and eventually they succeeded in finding prisoner, about 10 o'clock, in the ti-tree just outside the township. Prisoner, who appeared to be very drunk, was asleep. Sent for the last witness, who went to a short distance from where prisoner was lying and there showed witness several broken bottles (produced) which he took charge of. The full bottle produced was taken by witness as a specimen. He then woke up the prisoner and charged him with the offence. Prisoner made no statement. After he was locked up lie suffered greatly from the effects of drink, and the services of Dr. Beale had to be obtained. Another Charge. The same prisoner was futther charged with that he did on the night of the 28th or morning of the 29th, feloniously break into and enter the premises of the Royal Hotel, .Hamilton E^st, and steal therefrom ceitiiiu bottles of spirits, the property of Ai fchur Bach. Sergt. McGovern conducted the prosecution, and the prisoner Mas again undefended. The following evidence was adduced : — Arthur Bach, proprietor of the Royal Hotel, deposed that the prisoner had been knocking about his house tor some days before the 28th, but he was neither a boarder nor a lodger. He last saw prisoner on the evening of the 28th in the bar room, when lie struck another man and drew blood from one of his fingers. On the following morning he discovered that some one had broken into the cellar, and, going from the cellar into the bar, had stolen a bottle of Kinahan s L.L. whisky, a flask of brandy and some gin. One of three electroplated pewter?, which were cleaned, and left in the bar the previous night, was in the cellar, and from, the oircvjmstanoe that there was blood on the handle ho at onoe suspeuted the prisoner, Subsequently discovered the whisky and brandy bottles under some straw in an outhouse in which prisoner had slept. He believed the bottles produced had been taken from his bar j he would swear that bottles of the same description had been taken. He did not believe that spirits of the same brandy . were, kept in any other ' house hi -"Hamilton. He had. sold quantities of the same liquor,' but none on the 28th, Ho did not see the acoused after'jbhe 28th, Had he seen him on Saturday, he would have given him in charge. He did not give the accused leave to sleep in the outhouse. The place where the empty I«)ottle3 are thrown is some distance away from the place where prisoner slept. Henry Dunn, a cook, at present residing in Hamilton, sworn, deposed that he first saw prisoner on the 2Sth Dec. in the (Royal Hotel, lying ottaspfa.}, Had never seen him before. On the following day, after d|unqr, h,e sa,W %he prisoner in an' 1 o.nth.quse, lying qn, his face. Witness spqke to him,, nut ,go,t n.a answer. He passed the place again.- shortly after; and saw prisoner with a black bottle with a red label, and the letters " LL" on it, similar to that produced. He also bad a brandy flask ( something Uke • the qne prqduced. He 1 pulled, the b,ott\e,si from. uiu}ernea,th th.c s.traw. Brisoner appeared to. be drqnk Qt'the titne, ' ' Qrosia-sxamin^d, by, th,e /prisoner i I was about two feet from where your feet were Booking out, and the diatanqe to yofli) 'hea^VqqW 4 e MVI on, yd,u,r hei&hi I coqld. s.ee ftMan's. latjel on .the' bottle • distinctly^ f"^ " > 71 ' ,~ ' Coustable Murray deposed that, Mr< Bach made a complaint to 1 him on Saturday night. "/He J> eiatfiined 'th'e<cellar' and found it had' been"br6kep into. It was po'sisible'to get frfaui ! 'tud" cellar lo all ■parts ofwVtt&" 'Went to an; outhouse Debindtlje'stable^aifd^ found /the' bottles' produced'under^ the straw. fHe searched fdr % ac^d;tHat l «igl%Bfffe?couia 'not > find him. Fouri'df hinKStt^«nVorhihg/fn' tli#' 'ti-treß\otttBide"the -■[township. Had 'e*n*- r ■ J^ir|a«*M%^|d^^M6le;lf^iuH^6il^

wli isk'y sold. ! it'&cj Waikafo s itotei 'he saw a flask of'Drhndy with a similar label to that on thebottle produced, but the flask Was a mncli/ smaller oneUtf 1 ' Cross-examined :, I do not know when Mr Bach first saw the' bottles. There were, plenty of empty bo|tlesin the Ajard, hutndnfe lieaV the outnoiiserm 1 (fuestion. This closed - the /case , fpr jthe prosecution. The prisoner, who fe^erved' his''defence, ,waa fully committed to take ( his trial at the next criminal sitting of the Supreme Court at Auckland, on both charges. ' '