RESIDENT MAGISTRATE'S COURT.

Hawke's Bay Times, Volume II, Issue 102, 30 March 1863, Page 3

RESIDENT MAGISTRATE'S COURT.

Tuesday, March 24. { Before J. Curling Esq., R.M-, and M. Fitzgerald ' Esq., J.P.] Selling a Gun io a Native. —Joseph Johnson was brought up charged with having sold a single barrelled gun to a native named Paora Kaiwhatu. Sergeant Major Scully, being sworn, stated, — On the 18th March inst., information was given to me by John York that the prisoner had sold a single barrelled gun to a native. I made enquiries, and found out the native’s name to be Paora Kaiwhatu, and gave information to the court; took out a warrant of apprehension against the prisoner, and apprehended him on the 13th. The prisoner was drunk when I apprehended him—l had been to his house, and his wite told me he had not been home for two or three days. I fouud him on his road home from Napier, near to Tareha’s Bridge. John York, sworn, states. —I am cook at the Mcanec Hotel. On the 10th inst., prisoner sold a gun to a native on the other side of the Meaner Bridge. 1 was outside of thejiotel making a path, and saw him sell the gun. All I saw was the prisoner give the gun to the native, but I did not see any money pass. I cannot say for certain whether it was a single or double barrelled gun but 1 think it was a single barelled one. He had been drinking in the Mcanec Hotel two or three hours previous to the transaction. When he sold the gun he came back again—he was drunk ; it was after sunrise. The prisoner slept out that night in a flax bush. He told me nest morning that he had got £3 for the gun from the native. He was not quite sober next morning—l told him he would get into trouble about it, to which he made no reply. I told the landlord what I had seen, on the same evening, and the landlord said he would give him no drink. The prisoner had given the gun in charge of the landlord previous to selling it—l am quite certain the gun given to the Maori was the same which had been left at the house. It was I who gave it to the prisoner by the landlord’s order. He said ho was going home.

Walter Tuff,—sworn, corroborated the evidence of last witness.

Theprisorer, having been duly cautioned, in his defence entered into a statement about having been refused drink at the hotel, nnd of words that ensued. He continued—l then asked him (Mr. Money) for my gun to go home. I got it and started on my road homo. I don’t recollect any more until I woke in the morning, in the flux bushes. I got up and felt cold and bad, and went back to Money's. I had some brandy and lemonade. I was drinking about there till some time in the morning. Maney asked mo where my gun was; I told him it must bo in the flux bushes where I lay. He said “ I hope you have not sold it to the natives, for I saw you talking to them last night.” After this I came to Napier. The prisoner was remanded for the' appearance of Paora Haiwhatu. [ Before J. Curling , Esquire, Jt.M. ] James Roden was charged with having given a native named Nepia a glass of brandy on the race course on the 6th of March. Special constables Griffin and Lingard proved the case, when the Bench inflicted a penalty of 10s and 10s costs. llolbery on board the Sea Breeze. —Robert McGregor was brought up in custody, charged with absconding from the schooner Sea Breeze with certain moneys, the property of tho Captain, in his possession. Mr. Wilson, as counsel for the prosecution, handed in a written statement that James Tautari the real prosecutor, did not wish to be called in as a witness, owing to the great inconvenience to which he might be subjected thereby, and that as his counsel he did not tender him as a witness, and submitted to the Bench that the confession made by the prisoner as proved by the evidence of Sergt Scully, who apprehended him at Havelock (and hereafter by John Bray) was sufficient to justify the prisoner’s committal. The evidence having been taken, — The prisoner, after the usual caution, stated, — The day that the Captain went to the races I happened to go in his room to clean is out, and I saw the keys of his chest and the cash pan and took the money out. I counted it after I went out of tho town and found £56 14s. I had then spent 65., that is, ss. for a handkerchief and Is for biscuits. The money was James Tautari’s, Captain of the Sea Breeze I was employed under him as cook and steward. I went on to Havelock. I spent 6d. at the Ferry and 6d. at Waipureku [and Is. at Mr. Bray’s; that was all 1 spent. I am very sorry I took the money, but I only took £57 altogether. I had no reason for taking the money ; the temptation was too strong for me. I took up the money once and put if’dovm again, 'and went to the'galley ; afterwards back and took it. The prisoner was committed for trial. "Wednesday, March 25. [Before J. Curling, Esq., B.M.'] Owen O'Brien was fined 10s. for drunkenness. Thursday, Maecii 26. Thomas Master/on fined ss. for drunkenness. Saturday, March 28. [Before H. B. Sealg, Esq., J.B.'j William Johnson was fined ss. for drunkenness. [Before M. Fitzgerald Sf Ifarnillon Bussell, Esqs. J.B’s .] Mansfield y. Johnston. A claim for £l3 Is. lOd. for share of freights earned by the cutter Maid, of which the defendant was master. Judgment by default for amount and costs, 15s.