ISLE OF KAWAU.

Dominion, Volume 2, Issue 407, 16 January 1909, Page 5

ISLE OF KAWAU.

$ ''".18 IT PART OF NEW ZEALAND? "' MAGISTRATE ASKED TO DECIDE . PECULIAR, LICENSING POINT. - tot TBLBQBITn—I'UISB. 46S0CI1TI0N.) ; ; " Auckland, January 15. ■ A' peculiar' case: was heard before Mr.' It. ■ v?. Dyer, 6.M.; in the Polico Court to-day, ■ when' Thomas ®. Hallettj the present lessee of ■'the' ' Mansion Houso • at Kawau, was charged under five informations with hav- : ing sald liqubr without being licoused to do ■ ■ ; go. ' ■" " ■ '"' ' • Mr.'Napiery for tho defence, said that the ; —'defendant would, plead-guilty, to a technical '• offence, but -ho had an explanation to make. • He went on to say that the sales were made 1 to two -police "constables who were staying at the house and to another roan introduced; ■-. by them;,- * Thfiro was no concealment.', whafc- : ever in the matter.';: Some timo ago the de- " fendant .took over tho Kawau Mansion Houso ' - and 15 acres' of' land 'as a-boarding-hoilSo from ■ a Mr. . Thei owher in fee : simple vfaiS Mr. Farmeiv The defendaht paid £500 as a boilus for tho goodwill, and also paid a'high rent. v "lt was represented to Hal-. Lett that tho Island of " Kawau was not within

• ■ ■ the limits of '.New Zealand,' thatit', was '■ ail •, Imperial grant to Sir; Gcorp® Grey, and had boon'left outsf<th6 jurisdiction.:oftho New Zealand Gpvehiment! 'by att -'Imperial - Act.. *■ ThiswaS tha* impression of the owßerof the island/'which had' Jii reality ;hot beOn .granted ' to Sir Goorgo Groy.atf : alleged. ■ KawaU.was . ■■ not itt;any county,-'and' it'-ttas thought that ■ it'wa's not within a licensing district, and ho' ratcS wore paid. Mr. Cousins;,' the 'Vendor,' hod-represented to.the defendant that he had tho'right to sell liquor, as the New . Zealahd • licensing laws did not govern the place.' 'It was quite cloar that if a punt or scow was moored moro than three miles off the New Zealand coast as much: liquor ,'as jpossible • could bo sold thero.-without a license. Tho fact that liawau paid no rates and was not within a.county* and also that .the. grant was a unique one-going to low Avater mark instead of (as was usual) to high water mark, all. strengthened tho'belief that the place was .".'■V. not- under tho' licensing laws. . Sergeant Hondry said that about thrco weeks before these prosecutions' wero in- " stituted a constable visited tho placo and found that liquor was being sold thero. A room in the house was fitted up as a bar. While in tlio_ house .the constable saw many people drinking, -. . ,Tho defendant said that ho took the lease from a Mr. D. Cousins, who was tho lessee i from Mr, Farmer. Witness paid £200 per . annum rent, and gave'.'£soo "-to Mr; Cousins ' for . the goodwill. , Witness was told . that i the place was under the Imperial Qovern- ■ mertt and wr,s liot iunder tho jurisdiction of tho Now Zealand Government. . Liquor was sold personally by witness ill'moderate quan-. •: . tities. to persons. Mr. Napier: I believe his.Excellency the • : Governor lias stayed there and many other , high officials Yes, that is so. s Members'of the Cabinet have been thoro ! tooP-Yos, ; Mr. Dyer: You hare sold liquof to Cabinet Ministers?—Oh, yesjiyo always supply it at dinner, 'Mr ; Dyer: You hcnestl.v believed you: wore ■ ; within your rights ?—-Mr. Farmer always told mo that I could sell liquor .there.: Edward Whitehead,: land agent and hotcl- : keeper, said that: the leaso of the Mansion House was placed ill his hands for sale. Mr. Farmer' told- witness that tile island was under the Imperial Government, and that liquor-could bo sold there-without ft license. : ' - Mr. Dyer: To my mind tho suggestion ap- ■ pears to be ridiculous and; absurd.. Thoso are , business men';. 1 and why. .on': earth . did .they not sea • a lawyer and get the position do-- . fined? Sergeant Hendry: Did you consider that . Kawau was not under the Now Zealand laws? •' Witness: I-was fold that this was so, and ; there are scores.of people who still think.so.: :i AVilliam ;E. Hackett, Solicitor, said that bo. had liOyor searched the title of Kawau in a professional manner,-'.but- had alwavs hon-estly-believed,'-in. common with'"hundreds of others, that Kawau. was' not . under, the. jurisdiction of the Now Zealand Government. Archibald O. Bullock said that ho was.staying at'Kawau during Mr.,.Cousins's tenancy. : WitftoSß had a .conversation regarding . tho ', possibility, ofbuyiUg/Mr.; Cousins' out. The . latter informed liim, with respect to tho sale pf lifluor on. the' island, that .the NewZealand Government had no control what'V over. ii'"' =''0-.: V' '■

511". Dyer; Tlion the man who bought it was simply King of Kawau. ■ ... - Mr.. Dyer, in- (living judgment,/.said that, of course, the defendant ;lmd pleaded: guilty, arid.' there .was_ Jio. question about the sale.. He .did pot', think. that the defendant really considered that. he was honestly,' - within his lefyil.rights.;m soiling without a license. The defendant' Was fined. £50 and £1 ss. 6d. .on/iho first ehafgo, and. was. convicted ftild : ordered, to', come; up for: sentence when called upon on the other, four.: If there, is any more trouble of the.kind at, Kawau," said Mr. - Dyer, " and liquor. is sold without a license, he-will fi° ■ straight' to. gaol without the option of a fine." :