S.M. COURT.

King Country Chronicle, Volume VI, Issue 458, 20 April 1912, Page 5

S.M. COURT.

TE KUITI—APRIL 18th, 1912 Before Mr F. O'B. Loughnan, S.M. Inebriates. —A number of first offenders were fined nominal amounts. On a charge of obscene language A. Moi'oy, for whom Mr Finlay appeared, was fined 20s and costs. LIQUOR CASES. For technical breaches of the liquor laws the following were dealt with: J. C. Grifii t, is and 7s costs. G. T. Harris, Mr Finlay, Is and 7s costs. S. J. Rawlinson, Mr Finlay, Is and 7s costs. D. Bodley, Mr Sharpies, two charges, 2s and 7s costs. L. D. Nathan and Co., Ltd., Mr Finaly, lOs and costs. J. Bonnor, Mr Finlay, 10s and costs I Johnson and Co, VVanganui, Is and ! costs. | H. R. Tucker, Mr FHzherbert, 10s and costs. Hatrick and Co., Ltd., Wanganui. Mr Sharpies, la and costs. Cook and Co., Mr Finlay, two charges, 10s each and costs 7s. i Byrant and Co., Napier, Is and costs. G. Kyall, for whom Mr Finlay appeared, was charged with having supplied liquor to a native, and also with having delivered a package of liquor into a proclaimed area without it being labelled, Constabe Mat'hsw conducted the prosecution. J. F. Walsh, manager of the lime works, stated in evidence that defendant appeared at the worns between Te Kuiti and Te Kumi carrying a case in a bag. He saw defendant go to the whare of a Maori who worked at the lime works. Next morning he, together with Constable Capp, again saw defendant. He knew the Maori, Kehau, who worked at the lime works. In consequence of Kehau not appearing at work witness went to his whare and threatened to dismiss him unless he went to work. Kehau had evidently been drinking. Witness rang up the police and complained of defendant being at the Maori's place. Constable Capp came in response to the message.

Kehau was next called and an attempt waa made to extract a statement from him, but his knowledge of English proved insufficient and the services of Mr T. King as interpreter was requisitioned. Witness then stated that defendant came to his place in tha evening as witness was cooking his tea, of which meal defendant partook. Defendant left and returned about 3 0 p.m. Defendant then had a bottle of whiskey in his pocket. Witness offered defendant a shakodown. Defendant drank whiakey and witness also had a drink before they retired. In the morning both drank a good deal and finished the bottle. Witness did not go to work until Mr Walsh came and spoke to witness. Constable Capp said he received a telephone message from Mr Walsh on March 22nd to the effect that a man was lying drunk at the whare of one of the workmen. Witness proceeded to the place and found defendant, who was considerably under the influence of drink. Mr Walsh suggested leaving defendant to sleep it off and clear out. Mr Walsh again rang up and witness proceeded to the place where he found defendant with a case of liquor and half a bottle beside him. The liquor was not labelled. At this stage Mr Finlay withdrew his plea of not guilty and pleaded guilty. He explained that his client had no recollection of the occurrence and had not knowingly given the native any liquor. With respect to the label he could only say that the liquor had been consigned to defendant's urder from Te Awamutu, and ha'* been obtained from Te Kuiti railway station by defendant. Defendant stated in evidence that he had been unable to obtain a bed at Te Kuiti, and proceeded to the lime works, where he had some friends working. He discovered his friends had left and accepted a shakedown from the Maori. His Worship said it was a serious offence to supply a native and inflicted a fine of £5 and costs £2 13s. LIQUOR TO NATIVES.

J. Mills was charged with supplying liquor to a native and also with having kept liquor for sale within a proclaimed area. Constable Mathew conducted the prosecution and accused, who was undefended, pleaded not guilty. The circumstances as detailed by Constable Mathew in evidence were that on March 27th, when coming from Hamilton by train he saw defendant board the train at Te Awamutu with some whiskey. Later, in looking into a carriage he saw defendant pour some whiskey from a bottle into a cup and give it to a Maori. The Maoris walked out to the platform, and the constable informed him who he was. The native drank the whiskey. Witness went in to the carriage and took possession of the case. Later, defendant said the whiskey was ordered for another man. Subsequently received notice from the publican at Te Awamutu of having supplied a case of whiskey to -J. Binnie, Miroae. The case bore that address. He knew of no such person or place. Defendant in evidence denied having supplied the native with liquor. In reply to his Worship, defendant admitted having procured the liquor in a false name, and explained that he was working with Maoris, and did not wish to be suspected of bringing liquor to them. The whiskey was for his own use. On the first charge accused was convicted and fined £5 and costs and on the second count a conviction was recorded and the liquor ordered to be destroyed. UInLABELLED LIQUOR. Charles Thompson, for whom Mr Pinlay appeared, pleaded guilty to having sent uniabelled liquor into the King Country and also that he gave an order for liquor without giving the vendor his name and address.

Counsel explained that defendant had procured the liquor for his brother who was going to Kawa by train and had given him the parcel at Te Awamutu station.

For giving the order a fine of £4 and costs was inflicted and for nonlabelling 20s and costs.

| BREACH OF FACTORIES ACT. j J. Martin, for three breaches of the i Factories Act, in failing to keep an ! overtime and wages hook; failing to keep a half-holiday, and failing to give an employee a half-holiday, pleaded guilty and was fined 20s and costs Ts on each charge. BREACH OF BY-LAWS. H. Henderson, for driving a vehicle at other than a walking pace over a railway crossing, was lined 20s and costs 235. CIVIL CASES. Jones v Wilson, claim :10s for a week's wages in lieu of notice and an extra day's wages. Plaintiff conducted his own case and Mr Howarth apneared for defendant. Plaintiff held the attention of the court for a considerable portion of the afternoon. Hs made an elaborate and rambling statement of the casa and gave evidence in support of the claim. He stated Mr Wilson had engaged him to milk at 25s per week and he expected to be engaged for the season. After he had worked one week Mr Wilson had dismissed him without notice as being unsuitable,. Mr Wilson, so to speak, had simply said "the harvest days are over." Andrew Wilson, for the defence, stated that he had engaged plaintiff on trial for a week at 20s, and finding him unsatisfactory, dismissed him when the week was up. This was corroborated by defendant's son and his Worship dismissed the case with costs against the plaintiff.

Judgment by default was given in the following undefended cases:— Green and Colebrook v. Wi Wini, £4 16s 2d,, costs 435; Rosenberg v. Haggie 25s 9d, coats 325; same v. Gilmore, 20s, costs Ga; Earl and Kent v. Turner, £5, co3t3 33s 6d; Stevens v. Mills, £l4 19a sd, costs 355; Verrall and Price v. Tapara, 7s 6d, costs 17s 6d; same v. Anderson, Bs, costs ss; same v. Tassell, £3 15s 7d, costs 10s; Cole v. Wininui, 265, costs lis 6d; same v. Ngawharau, 28s, costs 7s 6d; Green and Colebrook v. Rou Rata, £7 5s lid. costs 265; Steyens v. Coburn, £33 12s 7d, costs £2 Is; Matthew v. Coburn, £lO 10s €d, costs £3 3s 6d; same v. Brunton, £2 12s, costs 15si same V. Ingram and Co., 20s, costs 7s.

PioPio Co-operative Dairy Company Limited, v. Gleadow. —Mr Finlay appeared for the plaintiff company and Mr Sharpies for defendant. After discussion by counsel the case was adjourned till Mav 23rd, to enable plaintiff to.serve amended particulars of claim. JUDGMENT SUMMONSES. Rawstron v. Mokau Patupatu, £53 10s 9d: Order made for immediate payment or in default two months' imprisonment. Green and Colebrook v. Tureti, £5 15s 3d: Order made for immediate payment or in default five days' imprisonment. Snowsi'.l v. Bowden: £4 16a: Order made fur immediate payment or in default five days' imprisonment. D. J. Young v. J. Carr. —Claim £l2 2s for extras on two contracts. Judgment for plaintiff with costs. Judgment was given for defendant on a counter claim for 17s Id. 11. F. Helleur v. G. Farkes. —Claim £4O, value of four cows. Mr Finlay appeared for plaintiff and Mr Sharpies for defendant. Plaintiff had put 15 cows on to defendant's property to graze and when mustered four were found to be missing. It was stated two had been killed by falling trees; of the other two nothing was known, and it was suggseted they had got out through the defendant's negligence. After a lengthy hearing his Worship save ju.lgment for plaintiff for ,£lO, value of a cow which had been killed by a tree, and costs.-