THE THAMES.

Auckland Star, Volume I, Issue 114, 21 May 1870, Page 2

THE THAMES.

BEEACH OF THE. AEMS ACT.—

SEEIOUS CHARGE

i PKOM YESTEEDAT's " EVENING MAII.;" '' William Fagg was brought up on Friday on remand, icharged 'by Inspector Thompson with a misdemeanour in having sold one needle gun and 30 cartridges to a native named Makatene. ?

- Mr. Tyler appeared for the prosecutor, and said that the charge was laid under the 28th Section of the Arms Act, 1866. . By the Arms Abb Amendment Act,'lß66, the word felony was altered to misdemeanor, but by the Act 1869 the Act of 1866 was repealed, and the word felony was again substituted. The offence is laid in January, 1869, and the Act of that year not coming into effect until the September, and having no restrospective force, the charge was laid under the Act 1866, and consequently the word felony was omitted, and the word misdemeanor substituted. He belifved he would have to apply for a further remand before closing the case, as he had not the' Gazette containing the proclamation. . . , ■ Mr. Beveridge, who appeared for defence, asked that ..the witnesses be ordered put of Court, -which was accordingly done. It appears that Matakene went to the house of defendant, and bought a grindstone, but did not take it away. (Jailed for it next day, and then prisoner, asked him and another native, who was with him, to buy a gun. A needle-gun was brought from a back room, and.the natives were pleased with the gun, and eack of them wanted to purchase it. A second gun was brought to them, and the first gun was sold to Matakene for £30, the second to Hoara for £20. Cartridges had been given to Hoara, and 30 rounds were afterwards given to Matakene. These are simply the facts of the case, which he would prove by witnesses.

Paka Matakene wa9 called, and Mr. J. C. Young was sworn in as interpreter. The witness, being sworn, deposed that his name was Pata Matakene, a chief of the Ngatipau tribe, residing at Taupo. I know the prisoner. I remember having seen Mm in Sliortland on an occasion when I wished to get a grindstone. He was in his house in Shortland. It was perhaps in January, but I am not quite sure in what year. I have seen the document produced before.1 I got it the day after I first saw the prisoner, from Mr. Maekay.—Mr. Tyler read the document, which was a license to purchase a doublebarrelled, gun. The conversation that I had with the prisoner was as follows: —I went to the house of the accused on the day in question to purchase a grindstone. I enquired the price, and accused asked £4 for it, for which I finally purchased it, and took away the grindstone on that day. There were other natives and other Europeans with me at the time. There was a conversation about a guv took place at the time. There wasa contention between Hoara and me as to who should buy the gun. I was anxious to get ifc, but finally consented to allow Hoara to buy ifc. The gun belonged to the accused. The accused said, " Here is the gun that I wish to sell," and ifc was in consequence of knowing that it was for Bale that Hoara and I contended for its possession. "We were both anxious to purchase ifc. I consented that Hoara should have it. After I consented that Hoara should have that one the accused brought out another. He informed me he had anofchflr gnn before he brought it out. He brought the gun out to show it to us that we might purchase it. After Hoara and I had the dispute Hoara asked accused how much he should pay for the gun, and (accused said £20. After ar« ranging about that gun accused said he had another. We examined the second gun, and I said I would have it, and enquired of the accused what he would charge for ifc, and he said £30. I s:iid '< Yes," and consented to take it at that price. The guv was produced from underneath the bed in the room where we were talking. We left the guns with the accused and went to our residence up on the hill. On the following day ] saw Mr. Mackay, and got the order now produced from him at his office. ;; ; [Left Sitting.]