RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 3120, 28 June 1881, Page 3

RESIDENT MAGISTRATE'S COURT.

TUESDAY, JUNE 28. (Before H. Eyre Kenny, Esq., R.M.) DRUNKENNESS. Charles Maloney and Andretv Anthony were charged with this offence, and each fined 5s and costs, or 48 hours imprisonment with hard labor. SMDGGI-TNG. Richard Pickard, a seaman on the schooner Frank Guy, was charged under clause 163 of the Customs Act with being concerned in tbe importing of prohibited goods. The Collector of Customs conducted the case for his department, and Mr Lee defended the prisoner. Edward Patten, sworn, end he was Collector of Customs at Napier. He prod need the ship's manifest, on which there was no tobacco. On the store list of the ship there were 211bs of tobacco. The stores had been examined, and there were 191bs remaining. If there was any other tobacco on board it should have been on the manifest.

By Mr Lee: There ought not to be more than one pound on any private person, or it was liable to seizure. Supposing prisoner had been a passenger he could not have had more. The tobacco was imported when brought into a port. The ship was in port within a radius of three miles from the flagstaff.

John Provis, sworn, said he was landing •waiter. He went on board the Frank Guy. She was in the port of Napier. He saw the captain, who showed him the ship's manifest. He examined the ship's 9tores. The steward was with him. After examining the cabin they ■went to the deck house. The steward said the sailors were busy, and he would open the boxes. He opened one box, and witness found the tobacco produced. The prisoner was sent for, and said he had a little tobacco for his own use. The bundle of tobacco was brought out, and prisoner paid he knew tobacco was dear in New Zealand, and as he expected to be on the coast for some time he had brought a supply for himself. The captain waa then brought, and said he did

not think the man intended to smuggle it, and asked witness to distribute it amongst the crew so as not to get the man into trouble.

By Mr Lee : The parcel was tied up The box was not locked.

Mr Lee submitted that clause 163 of the Act did not refer to the matter at all. The question was did the man not give a reasonable account of the matter. What an excise officer had to do was to lock up such tobacco, and prevent its being brought ashore, and not confiscate goods a man had brought for his creature comfort. The absence of concealment was in favor of prisoner, and was evidence that he did not intend to smuggle it. The box was open and exposed. He submitted that there was no intention to bring the tobacco info the country, and thereby defraud the revenue. The evidence was all the other way.

The Collector of Customs said that if prisoner wanted to have the tobacco for his own use he should have asked the captain to put it on the manifest.

His Worship said the Court had nothing to do with the hardships of a case. There was no doubt there had been an infringement of the Act. The Commissioner did not press for a heavy penalty, and prisoner would be fined £5 and costs in the case. The tobacco would be confiscated without an order of the Court. The Court then adjourned.