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Hawke's Bay Times, Volume 17, Issue 968, 15 March 1871, Page 2

Miss Edith Palmerston gave her first performance in Napier in the Oddfellows' Hall last night.

Heavy Rain has fallen since our last. The wind throughout last night and to-day has been fresh from the N.E., with a high sea in the Bay.

Napier Musical Society.—lt will be seen by advertisement that the above Society purpose giving one of their pleasing entertainments in the Odd Fellows' Hall, Napier, oh the evening of Friday next, 17th March.

Resident Magistrate's Court.— Yesterday morning /. line man, sued E. O'Malley, telegraph contractor, for the sum of .£9. Mr Lee appeared for defendant. The claim was composed of several disputed item*, one of which was <£3 for plaintiff ; s passagemoney from Wellington. A good deal of evidence was taken, on each separate item, which was of no public interest. According to the plaintiff, when he engaged himself to the defendant, in Wellington, he understood that his passage to Napier was to be paid, though no distinct agreement to that effect was made. Soon after commencing work, he found that it was intended to deduct the passage-money from his wages ; when he said that, if this was done, he would leave the work. Upon thi«, defendant agreed to allow the <£3, but had never done so.—Defendant did not remember having made any such promise.-—Mr Lee contended that even if he had, it was under a kind of compulsion, and was of no weight.— The case was adjourned to 3 p.m. for decision, and judgment w r as given for the passage-money, ,£3, and 14s costs. Knowles v. Stopford. A claim of i-4 7s 4d.—Judgment by default for £3 4s 7d, with costs, 10s. John Sim appeared in answer to an information charging him with having, on the 9th February, at Mohaka, sold one bottle of brandy, not being a' licensed victualler. —Defendant pleaded that on the day in question he was at sea in his vessel—the Mary Ann Hudson, and knew nothing of the matter. — Rewi te Hekewaru, sworn, deposed : [ live at Waikari; defendant lives at Mohaka, ten miles away; he goes to sea in his vessel. On the 9th February I went to his house with Rauapia Karaitiana. We went to buy a bottle of rum. We saw Mrs Sim, who told us that all the rum in the cask had been ■sold to ihe Maoris. I asked her what liquor was in the house, and she replied, pale brandy, gin, wine, and beer. I paid Is for two glasses of brandy, which was drunk by my companion and my self. Ranapia paid Is for two glasses of gin, which we also drank. J then paid a shilling for two glasses ot wine. When we had drunk, the wine we the price of the liq-ior by the bottle. She told us brandy, 7s; gin, Bs.' We paid her 7s, and she gave us a bottle of brandy. (Bottle produced and identified.) I put it in my havrcsack, and we returned to Waikari. Next day we came to Napier and gave the bottle to Mr Scully. We did not open the bottle. —Mr Sim denied that there was either rum or gin in his house.—The magistrate asked the witness if it was water that had been sold to him, to which he replied that water would not intoxicate him, and the three glasses he had taken had had that effect. —Ranapia Karai-

riana was then examined, and his $M dence corresponded in every particuLl with that of the previous Scully deposed that the witnesses yl given him the "bottle now produced oj the lOlh February, at the telling him how ii came into possession. In consequence of statement, the information now befoi- 6 the Oourt was laid.—The bottle then opened by order of his Worship and its contents examined. Scully pronounced the liquor to \ something between brandy and bad whisky,—Mr Sim said that the eas& should not have been brought to The alleged offence was committed) another district, and if the matter had been tried at Mohaka, he might hav 6 defended the action. He supposed, from the evidence, that the offence had been committed, but he would point out that personally he had nothings do with it. The case was then adjounied until the afternoon sitting.—ln con. sideration of the circumstances of the defendant, and the niisfortunes which had befallen him, the magistrate in, flicted the mitigated penalty of £%, with costs, £2 10s. The liquor, by order of the Coux't, was destroyed.-., ISTo cases this morning.