MAGISTRATE'S COURT.

King Country Chronicle, Volume V, Issue 346, 18 March 1911, Page 6

MAGISTRATE'S COURT.

TE KUITI—THURSDAY. Before Ml- F. O'B. Loughnan, S.M. MISCELLANEOUS. J. R. Gleadow, Pio Pio, sued Messrs Parker and Hutton (Mr G. P. Finaly) for £IOO made up of an alleged half interest in a number of cows, interest and damages. Plaintiff stated that the defendants entered into an agreement to milk on shares. The agreement was a verbal one. Defendants denied the existence of an agreement or contract. His Worship gave judgment for defendants with costs ,-tl2 103 Gil. A settler was charged by the Inspector of Stock (Mr lluddleston), with having exhibited lice-infested sheep in Te Kuiti saleyards at last sale. —The inspector said he would not press for a heavy penalty as the case was brought as a warning _to others. —liis Worship inflicted a line of 10s and costs. C. 1). Lever was charged with a breach of the Auctioneers Act, in that he sold drapery after t> o clock. Defendant pleaded guilty and stated that he was not aware that he was doing wrong. He was fined 10s and costs 7s. The following judgments went by default; —Blackman and Cobb (Mr Hine) v. Coburn, £1 0s 6d; Green and Colebrook (Mr Hine) v. F. F. Fraer, £5 8s 4d, costs 343 6d; Albrechtsen v. Deone, costs 20s.

LIQUOR PROSECUTIONS. Mr A. Hyde, brewer of Te Awamutu, was charged with supplying Geo. Wilkinson, of Hangatiki, a halfcaste, with liquor. Mr G. P. Finlay, who appeared for the defence, pleaded guilty, but under extenuating circumstances. The facts were admitted as regards supplying the liquor, but the defendant was unaware of Wilkinson being a half-caste. The letter which the brewers received would not lead them to think that he was a halfcaste. It was well and grammatically written, and signed "yours faithfully, Geo. Wilkinson." Wilkinson, on oath, said that he did not know Hyde or his traveller. He did not know that he was breaking the law in ordering the liquor. His Worship stated that according to the Act of 1910 Wilkinson was more guilty of the offence than the defendant because he had abetted and assisted in the commission of the olfence. Constable. Mathew hoped that his Worship would put the section of the Act into force in order that he could deal with half-castes procuring liquor. Ilis Worship said that he would not direct a prosecution against Wilkinson because he had given evidence on oath, lie would, however, in the future take such steps as would deal with those people who procured liquor for halfcastes and half-castes that assisted in the commission of the offence by ordering the liquor. r R. Dawson, traveller for A. Hyde, stated that he did not know Wilkinson, neither did he know that he was a half'caste until he saw him in the Court. The Magistrate asked if he did not think it was incumbent on the firm to make inquiries when an order for liquor was received from the King Country —a proclaimed area under the Act. Witness: It is impossible to distinguish. These half-castes send a letter to all intents and purposes coming from a European with the money enclosed and they therefore could not distinguish them. His Worship: Don't you think that if inquiries were made that you would be able to ascertain who were half-castes and who were not. | Witness: The only possible way j that I can see to ascertain is to make these half-castes write their ! orders on brown paper. I Constable Mathew said that if i inquiries were sent to him that he ' would be able to supply the informa- ! ti° n - ! Ilis Worship considered it was the j duty of brewers to ascertain about men in a proclaimed area. They I must learn to take precautions. The I offence according to the Act was a I serious one and provided for a penalty i of £r,o, but as this was the first case j of the kind he would convict and fine I the defendant the sum of £5, costs ! .n is.

Messrs Ilntrick and Co., of Waitara, were chained with sending liquor intu a prohibited area without fumishiny the cleric of the Court with the name and address of the person sent to, also with sending liquor into the King Country and neglecting to furnish a statement until five days after. Mr [line appeared for defendants and entered a plea of not guilty. Constable Mathew gave evidence as to the prosecution and said that the Wanganui house had sent notices but they were not even in order. Harold Brookman, manager for 1-latrick and Co., stated that he was unaware of the law regarding the King Country. The Waitara branch had only been open six months and he had been managing the business for thai time. He had not read the Licensing Act nor had he been advised on the matter by his principals. He hail made inquiries from the clerk of the Court at Waitara and had been told that he would have to notify the authorities about the matter. The cici.'k pf the Court in Waitara was not too sure of- tpe procedure. At this siago Mr Iline withdrew his plea of not guilty. Ilis Worship said that it was ;; most extraordinary thing that witness' principals had not advised him of the position. He was only their servant and could not be expected to study the Act. That was the duty of fiis employers. The wholesale and brewing trade enjoyed monopolies and sole privileges in trading. The law was to protect these interests, yet Hatrick Co. had done nothing in the matter. At the same time his Worship was sure tha.t Hatrick and Co. were watching the legiejntion in order that

their monopolies might be protected. ; The valuable interests of these peopie | made their carelessness more gross. ; Not knowing the law was no excuse, i His Worship referred to the number ; of cases of the kind before him in j January when he intimated a warning as to cases oi the kind coming before him. The cases then had been given every publicity and had been well and fully reported by the press. He could not understand why people having such interests would not read the Act. The case of Alexander Iverr, hotelkeeper, Waitara, was then called, and Kerr was charged with having sent liijuur into the King Country and having neglected to furnish the clerk of the Court with a statement until five days later. Mr G. P. Finlay appeared for the defendant and entered a plea of guilty under extenuating circumstances. The notice, he explained, had been written on the day the liquor was sent forward, but by some mistake it had not been posted until three days after. The defendant had made an honest endeavour to comply with the law, and produced a letter in which he had been in communication with his solicitors regarding the King Country. His Worship, in giving judgment, said that he was satisfied that Mr Kerr had made an honest attempt to comply with the law, but wholesale people like Hatrick and Co. he could not understand. Kerr was a retaiier of liquor and did not require the same business acumen as Hatrick and Co., whose sole business was to sell wholesale. From appearances Hatrick and Co. had been doing a good business with the district and a firm like that could not be permitted to send a stream of liquor into the King Country without complying with the law. He would fine Hatrick and Co. £5 on each charge with costs 7s each. Kerr was fined £1 and costs 7s.