RESIDENT MAGISTRATE'S COURT.

Manawatu Herald, Volume I, Issue 73, 9 May 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

the resolutions were passed 3 years ago ; the delay has taken place o;wing to the Committee desiring to sit on tlie case ; tbere is no malice in this prosecution ,' it is brought solely becauso we desire to prohibit the sale of liquor in tllis district. This coiiddded the case for the prosecution.

Mr Staite addressed the Court for* tlio defence. In doing so, lie urged the probability of some private griflvance, as the tinie hd^ almost elapsed during which an information could be laid, The teal man against whom the charge should have been laid was Ueriata llemara. The occasion was a festival, nd licensed house was near* and the defendant had siiriply provided drink for his friends. He laid been instructed by defdndant's employer — Hdta being merely a stockman.

His Worship considered the offence fully proved* but the facts that the defendant wtts a IVfadri, and unacquainted with tho law, and that the occasion was a festive one, would cause him to take a lenient view. At the sanle time, the Maoris iriusfc Understand that they must not break tho law. Pined £5 and costs, dSllOs. A further case against defendant was wilh'di'awiij ilie object of the prosecution having been accomplished.

Kpxto:*, May 7, IR7'j. v LWoii' 15. W;;r<.!, JSp*. ,-H.Ai; E318E2/.LRJIEKT. John Jones was brought up on remand, charged with embezzling on tho 23rd January, 1879, the sum of £1 7s 6d, the property of Henry Brown, baker, of Foxton, being employed at the time as a clerk to the said Henry Brown.

In reply to his Worship, Constable McAnulty said the police would assist in the prosecution. Mr Staite appeared for the defence. His Worship said he proposed to deal with the case summarily, under " The Justice of the Peace Amendment Act, 1874," as the amount was under £o.

Henry Brown, a baker, residing at Foxton, deposed — I know prisoner ;he was a clerk in my employ ; I do not know when ; it is not 6 weeks back.

Mi* Staite pointed out that the embezzlement was said to have occurred several months back, and suggested that no reli* anco could be placed upon witness' evidence.

His Worship said a mistake had no doubt been made, bit t!ia eaSB mast go o:i.

Examination continued — Hs used so keep my books, and I juthovis-jd him to ji> to two or three places to collect money owing to me ; I told hi:n the name 3of persons he was to see ; I told him to go to Mr Moinet, and collect £1 7s 6d he had in his possession, owing to me; I have not received it; he never accounted to \ne for it ; I aske lif he had received it, and he said he had, and expected some money clown from Feilding, when he would pay me. Constable McAnulty said this lust evidence had come to him as a surprise, and applied for pjrmissioj to withdraw the case.

Mr Staite thought a wise discretion had been exercised.

The case was withdrawn, and prisoner discharged.

BREACH OF T.ICENSIN'O ACT,

Heta Ngatuhi was charged, upon the in« formation of Constable McA.nulty, with a breach of " "I'ho Licensing Act, 1873," by suffering to be sold a glass of gin at Motuifci, on December SB, 1878. Rsnata Hemara, a native residing at Motuibi, depoied — I know defendant ; 1 met him on Decamber 28, at Motuiti ; he engaged me to sell spirits for him ; I did so ; I know a woman named Pahimata Wirihana ; I sold her two glasses of gin; the defendant appointed me to sell tho liquor. Cross-examined by Mr Staite — My actual instructions were to act as his barman, and sell spirits for him ; it was a race-day ; there was one gallon of gin, and a keg of beer ; it was a Maori race meeting ; Ido not know how far it is from Foxton ; I should say about three miles ; I paid some of the money to Heta ; T gave information to the policeman last Court day ; I did so because Renata Ropiha, the chief, instructed me to do so ; I did not do so before because Renata was away at Napier ; I have no grudge against Heta ; Ido not know if there is any grudge between Eenata Bopiha and Heta. By the Court — I was paid in money for the drink ; the woman paid me Is for the two glasses ; I am sure I sold the two glasses ; they were gin ; I gave Heta IO3 ; he had given me 7s (id ; the 2s 6d was for drink sold ; I gave some of the money to the other barrran; no arrangement was made to pay me for my services ; I have had nothing for what I did ; the gin was Heta's ; it was sold on the ground.

By Mr Staite— Defendant herds cattle at Jackeyfcown for Barber.

Pahimata Wirihana, a native woman, deposed — I was at the Motuiti races ; I doA't remember the day ; I bought some drink — two glasses of gin ; I paid Is for them : Eonata Hemara served me; I did not drink the gin; I gave it to two other people ; I know it was gin ; I smelt it. Cross-examined by Mr Staite — Have you hod anything to do with this charge being brought ? — Witness declined to answer. — I did not drink anything that day ; I could not help smelling it. By the Bench — I have no ill-feeling against Heta ; I came at the instance of Renata ; he did not tell mo what to say, but told me to come, as I had seen the drink sold.

Homi Warena, a native residing at Moutoa, deposed to being present at the Motuitl races ; I saw lust witness buy two glasses of drink from Jftenata Hemara ; I saw her pay Is for it ; she carried it away ; I do not know who drank it.

Cross-examined by Mr Staite — The races were held on Saturday ; the reason Renata has taken actioa in this matter, is because we have passed resolutions in our Committee to discounteuwnCQ the sale of liquor