MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 907, 29 August 1910, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. 6. Kiddcll, S.M.) : "ESSENCE OF CARELESSNESS." . SHIP'S .OFFICER HEAVILT FINED. Frederick Hamilton Smyly, an officer on tho Turakinn, for whom Mr. G. H. Fell appeared, pleaded not guilty to a charge that, on Aufrnst 25, he did knowingly harbour certain uncustomed goods, aamfly, six reld braeelebs, and one'gold i matek-boi, ef.'a tetal ralne of £U.' , Ifr. C. S. Niion, Collector of Customs, • wio »oiidncted tb» prosecution, stated that whm th* CustouMi antboiities visited the Turatinn, on Thni'sday morning, tlm defeadant hud dfelarwl [ix packages of mlvtnrare »? dutiable goods belonging to him, bnt etheT pacliagfs not .declared bad been discovered in the ship's safo, and'these were the subjects of the prose-, cution. Ho asked his Worship, if the defendant'were convicted,-not- : to Ishow 'louichcy, as defendant was an and should have set a better example. . Three Customs officers gave evidence as to obtaining (he list of declared dutiable goods on the Turakina,. and to searching the ship's safe in accordancewith general instructions from the' Collector. ,An examination of the safe showed that Smyly. had eleven packages there, but only six were declared. - Smyly was then approached, and asked/if he had any dutiable goods besides what was on the list, but replied in the negative. Ho was then told of what was in - the safo, and asked why he had not declared all' packages. His reply was that the goods -declared were wedding presents, and were to go Home again, but those not declared were to be landed in New Zealand, Mr. Fell, in defence, urged that it had not been proved that the goods had been knowingly harboured. . Ho placed defendant in the-box, with a view to showing that,- a. few days after leaving London,.'the gold articles (bracelets and matchbox) had been placed in tho safo for custody, but the' others, being not so valuable,. had not been placed there till the vessel was at Hobart. . Defendant had; remembered the silTcrwnTe, but had,, for -the time,- forgotten the other articles which . had been placed . in . the safe some wcehj before. Had he been trying to evade the duty he could have takcm thera out ef the safe. Defendant denied . Being . asked if he had anything to deolare besides. those articles . which he hid d«cl»red. - ' Cross-exaini»ed by Mr. Nixon, defendant stitcd that, ha had been in New Zealand- beforo, aid .hid. previously signedtlie Cußtonn foms, but had never read the printed matter rith which the. forms wert headed. To his Wership-defendant stated that : h» w>« aware that the geod? ivoro duti- ! able, he know that he was bringing-them to New Zealand, and that,hci would have to sign .the list on ■ arrival. '. • His -Worship said that in view of all this, defendant must be convicted; If his'explanation were correct, then he was guilty of carelessness, gross' carelessness, the essenco. of ' carelessness. He. would be fined £12 (treble, the..value of ( the .goods), but, :as .this was his )first .appearance on such, .a charge, the'fine would be 'reduced- to one-fourth,' ,£10..1D5., with costs 75., in-default seven days' imprisonment. ■ . ■ '■ ■ - INSOBKIETY. . - ,' '_:/. - Heni-y Charles Geige,! convicted on a charge of drunkenness, was fined, 10s., in default forty-eight- hours', imprisonment. •Cno first','offender- was fined 55., in default ' twenty-foui hours' imprisonment.