MAGISTRATE’S COURT.

Gisborne Times, Volume XXV, Issue 2104, 12 June 1907, Page 4

MAGISTRATE’S COURT.

Boforo Mr. AV. A. Barton, S.M,

PItOGUItING LIQUOR'

Charles Ellis Davies, a woll-drossed man, pleaded nob guilty to a charge if procuring liquor on 7th inst. at To Kara lea.

■Mr. AV. D. Lysnar appeared lor accused.

Constable Doylo stated that about 8 p.m. that ovoning, lie saw defendant and John Barrington (both prohibited) together. Hoard the latter invito accused to adjourn to his room to have a. whisky. AVitness went to the far side of a room near a stable and looking through an aperture between the boards, saw a light burning. Defendant had his shoulder against tho door, and Barrington was sitting on his bed, which was a mattress 'and blankot, on tho floor. Barrington had a bottlo containing whisky and a glass. Ho said to defendant,. “AVhat are you frightened of? You seem to bo frightened, lying up against tho door. AVo should both be happy, having a bottlo of whisky with us.” Ho-poured out a glnss for Davies, saying, “Take that.” He dtnnk tho whisky and returned tho glass. Barrington then had a shnro. AVitness pushed in tho door at this stago and said to Davies, “You’re having a good 'time lioro. AVhore’s that whisky bottlo?” He replied that thoro was none about, but witness picked it up from the bed, and tho glass off tho table. Tho glass was wet with whisky, and its having been turned upside down loft a ring on the table. Tho bottlo contained a drain of whisky.

By Mr. Lysnar: Tho door of the room was shut. Saw no other bottlo in the room but the one produced. AA’ould not swear that thoro was not another bottle in tho room, but would not have been surprised. Saw through tho boarding, and had a clear view of the doings inside. Considered the contents of the bottle were whisky, because ho saw a yellow liquid and recognised the label. AVas positive, because whisky was in the glass. Mr. Lysnar said tho defence was that Barrington mado some suggestion to Davies, and offered a bottle which was empty. There was a bottlo of water in the room and Davies asked for and drank some of this. He had had no whisky.

Accused, a saddler, of To Ivaraka, deposed that ho had been to town on 7tli inst. Upon his return, after tea, ho saw Barrington about .selling a farm. Left him the key of his shop and witness asked him for it. He told accused to come up and he would give it to him. AVent to the room, and while thoro, Barrington, said, “AVill you have a taste?” Ho pulled out a whisky bottle, and then saw that it was empty, and said, “Have one out of that bottlo,” pointing to a hop beer bottle, which was laying alongside tho glass near the box. Poured some of tho contents out in the glass; it was water. Witness said so, and Barrington said,

“That is what I want; give it to mo.” Drank nothing at all out of tho glass. Stated positively he had no whisky.

His Worship: I don’t believe a word of it.

AVitness: I have taken the oath on the Bible.

Mr. Lysnar stated that under the circumstances ho would not further cross-examine.

By Sergt. Williams: Had not boasted about tho township that there was half a bottle of whisky. A passage at arms took place between the sergeant and the witness as to the difficulty of the latter in reaching for the bottle while ho was standing at tho door. AVituess said the room was very small, being only 8 x Bft. The sergeant would not further examine.

Jolm Barrington, contractor, of Te ICaraka, said he met Davies about half-past seven in the middle of the road on the evening in question. He wanted the key of his sliojs. fitness said “Come up to my room; it’s on my box,’’ When in the room witness sat on the bed. Accused stood up opposite, against the wall. At itness said, “Would you like a taste? Might have used the word whisky, but would not be sure. Picked up a bottle and held it out to Davies, and remarked that it was empty. Witness then said, “Try that one, pointing to a box, where there was a hop beer bottie. Davies leaned over and took the bottle and the glass and half filled it. He put it near his mouth and took it down again, exclaiming that it Was water. Witness said “That’s what X want; give it to me.” Drank it and put the glass on the box. Constable Doyle opened the door and said, “At here is that bottle, Barrington?” He picked up the bottle, which was very similar to the one produced. Stated positively that Davies had no whisky in his room on that night. XVhen asked why he suggested that Davies should ljay.o a taste, the witness replied that anyone knowing him would be aware that it was only a joke. lie liked to take rises out of people.

By the Sergeant: Was not in the stables with Davies before going to tea. Had no recollection of inviting accused to go to tea with him. Was positive that he did not see him. Defendant was perfectly sober when he entered the room, and the remark was, passed that he had kept very straight. The constable might have put the glass to his nose to smell, and lie might have admitted that there had been whisky in it. Made no remark at that time. Admitted imploring the constable not to take proceedings against him. He did this on his own.

By Mr. Lysnar: Admitted that he had a drink, hut Davies had had nothing. Said to the constable “Don’t put me up for goodness sake!” “I must, Barrington,” replied the constable. Would swear absolutely that Davios' liad no liquor in the room. His Worship had not a shadow of a d°ubt of defendant’s guilt and he was satisfied that both these men camo to the Court and committed deliberate perjury, for which both should bo indicted.

Mr. Lysnar asked His Worship not to inflict an extreme penalty, as defendant had a wife and G children, and it would really be a case of punishing them. His AVorsliip said that unfortunately that was so. Ever since the order was made against him, he had defied it.

Mr. Lysnar urged that defendant was absolutely sober at the time. His Worship replied that not long ago he personally saw the man in an advanced state of intoxication. A fine of £lO was imposed, with 7s costs, or in default of immediate payment, three months’ hard labor in Napier‘Gaol. Mr. Lysnar asked for time to pay, but the Magistrate held that defendant was not entitled to consideration. If he admitted his guilt without committing perjury, time would have been allowed.

Mr. Lysnar submitted that, the Court was taking a very extreme view of the case.

His AA'orship would not go into that. He had not the slightest doubt that the man committed deliberate perjury. All possible had been done for him, bu tit was no good. John Barrington, witness- in the previous case, was also similarly charged,, and pleaded guilty. Mr. Lysnar appeared and urged leniency, as accused had 3 children, one of whom had a broken arm, and heavy expenditure was incurred. The Magistrate stated that it was no use his making out prohibition orders unless he endeavored to enforce tbenii He would be fined £5,

7s cpsts, or in dofault 30 days’ hard labor, payment to lie inadp on or before- Monday at- noon.

DRUNKENNESS

A first-offending native appeared to answer a charge. of drunkenness on Ist inst. at To Karakii. Ho pleaded not guilty. Constable Doylo stated that; ho saw accused 'drunk at 10. lit) p.m. that evening. He was staggering about, but. was not arrested, because a day would be lost in coming to Gisborne. The constable advised him to go homo. Accused asked a numbqr of questions attempting to rnuko distinctions in druiikonnoss, and urged that bocauso ho loft ior homo ho was not drunk. He, asked, tho witness if lie wore considered drvjiik because ho staggered. Tho constable replied, “You wore drunk in oycry sense ol tho word.”

A lino of,ss, 12s costs, or in dofault 24 hours was imposed. Upon a further charge of commit ting an indecent act, a ploa of guilty was entered. His AV.orship remarked that this was becoming a common praetico and must' be put down. A heavy penalty would not bo inflicted, as no people wero about at the time. Ho was sentenced t'o 48 hours’ imprisonment, to cominonco at tho expiration of tho former sontcncc.