RESIDENT MAGISTRATE'S COURT.

Evening Star, Volume IX, Issue 2533, 30 March 1871, Page 2

RESIDENT MAGISTRATE'S COURT.

Ykstrudw. (Before A. 0. Strode, Es'j , R. M-) C'IIAIiUR OF 1.11U'.1, Regina v. Barton.—Mr Larnacb’s evidence close*! the enso for the prosecution. For the defence. Mr Mac.vsey called Join) Lemon, of Oam iru, _ot the linn of Sumpter and I. nnon, wlio raid I am brother to Charles Lemon, superintendent of t c Telegraph di-jyirimcnt. He has held that otlico some years, and lived at Wellington during that time. I have shipped grain from Wellington to Oamaru-two or three, or four cargoes. 1 sold one or two cargoes of grain through him to Hobble, of Wellington, siuee ray brother became general manager t f the Telegraph department. He was not interested in any way in any of those sales. Ho gave the sale of some grain to Mr >l‘lntyro, and did not act as my agent for the sale of mam Thi; two sales are not the onlv occas ons in winch my bro In r hj ;s act d as agent for Sumpter and Lemon, v-hde in the public servi#.-. ! lave ivee ve 11 1 ‘grainfrom my brotb.er, wh eh ! have with me. ( The telegrams w.r- pro iueed.) Mr Smith objected* ’.hut the exa nan n had no bearing upon the present prcc-.-ednms. He had no wish to screen '-r U-moii as he ha I no di.ubt ho was perfeefy scat bless. Mr Macassey cons dewed i ; it wa a; snu-'d there w; a rot enn vs a. th head b as 'air to presume there va« rottenness through he system.

Examination resumed : I might hafce; Received a telegram respecting the sale o$ gram to Kehble. Ido not ktipW-. tli&fc I did. I have one account sale which 1 produce,. lie li >3 received a commission on sides, blit only about half that of an ordinary agent. T may * have paid him L2O or L3O perhaps for commission. Any telegram transmitted relating to sale iof grain were paid in Oamaru. He wou'd swear that every telegram forwarded by his bro: her was paid for, The master of the Oiuhunga acte I as agent on arrival at Wellington. My brother had no control over the vessel or the mister. I never received any recommendation from my brother to ship grain to Wellington. If I asked him the price of anything in Wellington he replied. I very s hlom consulted him. If I thought of making a shipment of oats or wheat to Willingt n I sent a telegram to my brother, and if the price suited me I sent it ; if not, I did not Having only one vc-sel we seldom shipped to any other port than Wellington, or, occasionally, I’i don. r i he letters I received are purely private, hr consequence of the excessive charges upon a cargo shipped,' I determined to get my brother to act as agent. , William Gisborne examinel: not aware at the time of the o icirrcnce that Mr Lemon, manager of the Telegraph department,.was acting as ag-ut for Sumpter and Lemon. lam not aware lhafc the consent of the G oven tin -nt was not obtained, not beingthe minister of that department. The telegraph business did not go through mo, and so fur as I know, the Ministry, of which 1 am a member, has not been asked to consent. 1 think the transactions referred to began hef- re we tor-k office. There is nothing to prevent Govcnment officials engaging in private transactions in land or houses. It is always undo stood that private transactions do not interfere with official duties. The head of tiie department, must determine whether or not they do interfere. In the present instance it would be the Telegraphic Comnvs io ur, i have known officers of the Civil .Sci vic; act as private agents and as ) rincipals. I have been general!y awar that Government officers have acted, as private agents 1 believe Government officers—l speak from hearsay—have been acting as agents and re eiving cominis m n. ' Cro?s-cx-mined by Mr Smith : So long as a Goveuiment i iliccr fulfills. Ids duty, new regulations'would bo required to prohibit an officer of the Government acting as a paid agent. The heads of departments are not inqui-itovial as to the manner in which oflicers employ tliei- leisure time. He thought now reguLti-'iis desirable. 'i his closed the evidence for the defence. .Mr Macossey intimated that he piupased addressing the Bench to-moirow. Mr .Smith stated that if such an address were given he should ask the right of reply, as by court; by it was agreed that the address of conn el should be reserved until after the evidence

After some further conversation, Mr Macassty asked in what position the two charges stood. His Worship said he understood lint the evidence on the first case only was clos d.

Mr Macassey said he should reserve his observations until the clo c of the evidence on the second charge. Mr Smith asked that the usual caution should Ik- given to the defendant. Doth cases were adjourned to to-day, at II o’clock.