TE KUITI S.M. COURT.

King Country Chronicle, Volume I, Issue 50, 4 October 1907, Page 3

TE KUITI S.M. COURT.

More Whisky.

(Before Mr H. W. Northcroft, S.M.) Friday, September 27TH. Railway Trespass. Charges against Messrs Green and Colebrook and F. R. Gibson, Te Kuiti business people, of allowing cattle and horses to trespass on the railway line, were upheld, and fines of 5s and costs 28s were imposed in each case. Mr Gillies, appeared for the Railway Department, and Mr Hinefor defendants. A Vexed Question. A Maori, named Wehi, was charged with allowing a beast to stray on the railway at Mangapeehi. Mr Gillies appeared for the prosecution, and Mr MacDiarmid for the defence. The facts of the case showed that defendant was the owner of a cow which got killed on the line at Mangapeehi station. The certificate put in for the prosecution showing that the line had been taken over by the Railway Department mentioned only the line as far as Mokau, and the information was dismissed. Counsel for the defence, in asking for costs against the Department, described the action as scandalous, and proceeded to detail the history of the railway through the King Country. During the negotiations between the Government and the Natives one of the first stipulations made by the Maoris was that the line should be fenced on both sides as the railway was being constructed. His Worship : That fencing should precede the line. The Maoris gave the land on that condition. When European-owned land is taken for a railway, the owner is paid compensation, and the fencing of the line is part of the contract. The Maoris gave this land without compensation. Mr MacDiarmid further stated that the line when being constructed by private contract had been fenced, that work being always included in the contracts. When the co-operative system was adopted by the Government the fencing was stopped, and there were many miles of unfenced line beyond Puketutu. He had heard that the Government recognised their liability, and were now making arrangements to fence. In view of that he had no hesitation in characterising the prosecution as scandalous. There had undoubtedly been a distinct breach of faith on the part of the Government. " His Worship • It opens up a much greater question than that even. Supposing some night a train became derailed through colliding with a beast, and loss of life resulted, it is highly probable that heavy damages would be recoverable from the Government. Costs were allowed against the Department.

John Connor, of Raurimrj, was charged with having in his possession, at T e Kuiti,' on September 18th last, half a sack of bran, in which were four bottles of whisky, the sack not bearing a label. Accused pleaded guilty, and explained that he had placed the liquor in the sack in order to prevent it being drunk in the carriage. He had a drop too much at Te Awamutu, and fell into the hands of Constable Mathew. A fine of 40s, and costs 7s, was and, as accused disclaimed ownership of the sack produced, His Worship ordered the liquor to be ioffeited.