TE KUITI S.M. COURT.

King Country Chronicle, Volume II, Issue 97, 28 August 1908, Page 2

TE KUITI S.M. COURT.

Wednesday. August 26th, 1008 (Before Mr E. C. Cutten, S.M.) The first sitting of the S.M. Court in the new Courthouse was held on Wednesday last. Sir W. R. Franklin, as senior member of the legal profession at Te Kuiti, made a short congratulatory speech on the occasion and His Worship suitably responded. LIQUOR CASE William Smith who appeared on remand to answer a charge of stealing six bottles of whisky, the property of George William Taylor, pleaded not guilty. George William Taylor stated in evidence that on July 7th last he and Smith proceeded together from To Kuiti to Te Awamutu. Witness obtained six bottles of whisky and accused obtained two bottles at Jackson's hotel. Witness and accused returned by the express train in company and accused took both parcels of liquor from the train. Witness thought Smith was taking charge of the liquor for him. but upon going to Kerr s boardinghouse where Smith was staying and asking for the parcel accused denied having taken it. Accused gave witness one bottle which he said was one of his, accused, own. In reply to the acused witness said he saw him take the whisky from the train. Did not notify the police about the theft.. Was quite sure Smith took the iiquor. They both had a good many drinks at Te Awamutu. To the Bench: Said nothing to Smith when he saw him take the parcel as he was talking to someone at the other end of the carriage. Thought accused was merely taking charge of it for him. When I saw accused about five minutes afterwards and said I saw him take the whisky he denied taking it, James Jackson, hotelkeeper of Te Awamutu, deposed to supplying six bottles of whisky to the previous wit-

ness on July 7th. Did not recollect seeing accused, and would have remembered had he supplied him with eight bottles. Heu Hen Tawhino, a Native residing at Oiorohanga. stated that he saw accused in Kerr's hoardinghouse on July 71b. He was serving drinks to' Maoris in the parlour. Tncy finished one bottle of whisky and witness asked accused for a bottle and paid him ten shillings for it. A little later he got another "nottie from accused at the same price. To Accused: Smith was not selling the whisky to the Maoris in the parlour he was giving it' to them. Constable 10 at how, of To Kuiti, deposed to accosting Smith in the station yard on the day in question and asking 'how much liquor he had. Accused replied a. two and n six, indictning the parcels. Witness said he suspected some of it was for aaie, or fer some other person, and accused said it was* for private use. (hi making enquiries wjim-ss heard Smi.b was blamed for stealing Taylor's whsiky. and as accused left for Auckland on July Bth, and did not return, witness laid an information against him with the offence. Accused elected to give evidence on his own behalf. He staled that lie purchased some clothing af. To Awnmutu as well as the whisky, and upon arriving at 'jV Kuiti baa the paicei of clothing and the parcel containing his (wo bottles of widsky. He d< nisd all knowledge of Taylor's whisky. The same night Mr Kerr called him out. of the parlour in the hoarding-house and said Taylor accused him of stealing the whisky. Next, morn ins; Mr Kerr came I to his bedroom and accused him of J taking the whisky and also of selling j it:. Mr Kerr ortln eii him to leave the I house. lie took his box over to the station and left by the train the same day. In cross-exammni ion accused denied sidling the whisky to the Maori and contradicted the constables' statement with, regard to saying accused had too much whisky with him. Henry Krncst Kerr gave evidence as to accused being taxed with the theft, and of selling" whisky to the Maori. Accused deni"d ha\ inn; done 1 so. Witness ordered accused to leave his house and said he was the first, man who had sold whisky in his house to his knowledge. Accused addressed the Court on his own behalf, and sa.id (hat if he wa-' j convicted he hoped .His Worship would take into account that, he had already I been six weeks in custody on remand. Smith, was also charged with having sold whisky: with implying liquor to a Maori for consumption otf licensed premise's: and with having kept liquor for sale. On the charge of theft accused was convicted and sentenced to one month's imprisonment: on the charge of selling whisky, sand of supplying liquor to a Maori, accused was hned ,CS and costs in each cs.sc. and on the other eouiit was covicted and discharged. CiVli. CASKS. Judgment went, by default in the following cases:- Hat tawny v. McDonald. 9s So and costs W" s; Advances to Settlers Department v. McMeckin, ,£8 I2s and costs ,-f] Jt's. Erickson v. Unthcrford: Mr Broadfoot: on behalf of defendant applied for an adjournment hi consequence of the illness of an important witness. Mr Hine lor the plaintiff opposed the application but It is Worship decided to adjourn the- hearing until September 1 (ith. Scoff v. Iletet: Claim .£54 for removing; and adding to buildings iu To Kuiti. Mr Breadfoot appeared for plaintiff and Mr Hine for ueicnoant. Hot h parties agreed that e. contract had boon made but: defendant, assertee. that Hie amount agreed upon was WW. IVI <ndant further contended that the work was not completed and was tmsaWnactory. David Scott gave evict nee as to. arranging for the work the price being set. at WW;. The. ,iob was completed | last December, Account him h< en rem | derod to defendant for the amount. Defendant took: over tno buiioing when completed and iiao maue no complaints. Tenants had occupied the' shops the whole time since completion. Ilarrv Iletet, for the defence, stated buildings had not been properly bnished and leaked. Jt bad not been built, on the proper line and the -'rent projected on to the road about four inches. William Hodsoii Adams, surveyor, gave evidence confirming doicunants statement as to the buildings being partly on the streci. His Worship bold that | defendant should have apmsed plaintid'of his oiWvtiom- to the work and adiouvned the case till next Court day to allow plaint id' to produce of letters and accounts sent. !o delendant. .1 cpc >i ! ■", nt s r :>; m <«x sf s. ! Green and Colobrook, I ~!d., v. Mur- | roll : The judgment debtor wrote I oiVerimr to pay off die amount of £9 !in weekly instalments of XI each. An j order was made accordingly, or in dej fault Id days imprisonment. I Green and Coiebreek v. Kati: Defendant. wa.s examined as- to his ability to pay. and staled he was engaged on a bush contract which would be completed in about throe months. His [ Worship adjourned the case tor three i months iu order ot atlord defendant an j opportunity fo paying the debt out of | the contract..