PALMERSTON.

Manawatu Times, Volume II, Issue 53, 21 April 1877, Page 3

PALMERSTON.

Thursday, 19th April, 1877. [Before R. Ward, Esq., R.M.] JAMES DONXELLY V. THOMAS NIDLSON Mr McLean for defendant. The information against, the defendant charged him with having, on Good Friday the 30th March, unlawfully sold four glasses of spirits to one James Christensen. James Christensen, sworn, deposed : I am a laborer residing 1| miles from Palmerstou, near Awa Puni. I remember Good Friday, the 30th March last. On that day I was m the defendant's store at Palmerstoip. I purchased four glasses of rum .from defendant, for which I paid 3s. I* gave him a crown and g"t. 2s back. Tarn certain the drink I bought was rum. By Mr McLean : I came lo Pal merston with some bees for defendant. They

were my own bees, ancl I sold them to him for 30s. Defendant agreed to give me 30s for the bees, but did not; pay me any money then. I owed defendant, some money, and ihe price of th* h-'es came off the amou.it I owed. I'" X dant summoned m • * twice, und «ib .• i*;ed judgment for tin* amount. The lay' summons was for a larger amount tlm:*. the first. I did not know 'hat I won! J have to go to prison if I did not pay after the second summons. I agreed to pay £2 a month off the debt. Ido not know whether ihere wis an order made by 'ho Court to that effect. Defendant did not fell me that I would have to go to prison if I did not pay the debt. He threat : ened to send me there. Good Friday was a fine day. I don't know if it rained during the morning. I did. not tell defendant that I was wet. I only asked tor four drinks. Defendant did not ask me to pay anything off my account. I asked for a receipt for what I had paid. That was all that was said about (he account. It was a friendly meeting. I did not get a i*eceipt. I had only one crown m my possession at the time, which I gave the defendant. He kept 3s and gave me 2s back. I am sure of this. Defendant did not say that would go against the account. I told defendant that was all the money I had, and asked for change out of the crown. By the prosecutor : I wanted a receipt for (he money I had previously paid on account of the judgment given against me. I paid off £1 m two instalments. The price of the bees was to go m reduction of my account, making m all £5 10s paid off. By the Court: lam not m the habit of drinking m Palmerston. I am not quite sure what the. publicans charge for a glass of spirits, but I think the price is Ud. I gave defendant the crown m payment of the four drinks I had. ordered, and paid tor the other glasses as well. Defendant first gave me and my mate a drink each, and then I thought I would buy some. There were two of my companions who helped to carry the bees down. The rum was laid on the counter, and each one took a glass. I was not sure that, defendant would sell me the drink.- I called for drinks expecting to pay for them, and did do so. Johan Frederick Dinasen, sworn, deposed : lam a painter living near Awapuui. I know the defendant. I remember the 30th March last. It was Good Friday. I was m defendant's store on the afiernoon of that clay. There was a man named William witli me and Christensen. I had helped Christensen to carry the bees to defendant's, and when we got into the store defendant gave us each a drink. Christensen afterwards ordered four drinks, and got them. I saw Christensen pay for the drinks. He gave a crown to defendant, and defendant returned him 2s. I am sine the drink was rum. It was supplied by defendant, and he received the money. By Mr McLean : I was there all the time. We all left together. There were six altogether m the store, including defendant. There were two Germans ancl four Danes. I know the Germans a little. I do not know their names. I do not know who told the constable. I was not present when the constable was told. I heard on the following Saturday that the police had been informed. Christensen told me so. He did not tell me why he had done it. I did not say it was a very good tiling to do. Ido not know that it is treacherous. I knew that Christensen owed defendant some money. He told me so before he spoke to the constable. He did not' say that he would gel something out of the defendant by the proceeding: I think Good Friday was a fine day. I was not wet. Christensen called for four drinks. Altogether there were six served. No other member of defendant's establishment was present. Christensen asked for a receipt for the bees, but defendant said he had not time to give him one thenl I did not, hear any conversation about the price of the bees. I was out of Court while Christensen was giving his evidence. I did not hear anything said about the account b 'tween defendant and Christensen. I never stated to anyone that the crown paid by Chiistenseu was to go off the account he owed defendent. Defendant said "the crown would make it even," but Christensen asked for 2s back which defendant gave him. There was no sum mentioned to "make even." I thought it was meant jokingly. I knew Christensen owed defendant lis. I don't know what it was for. I only heard the 30s for the bees spoken of by Christensen to defendant. By the Court: I believe the crown was tendered m payment for the drinks. By Mr McLean : I had no doubt on my mind that the 5s was paid for anything else. James Donnelly, sworn, deposed : I am district constable. Defendant is a storekeeper m Palmerston. From information received, I believe on the 2nd April, I laid the information before the Court. Defendant to my knowledge does not hold a retail license. By Mr McLean : I would know a wholesale license. [Wholesale license produced]. The charg. -was laid for Good Friday. I received iv formation on Monday, ihe 2nd April, certainly not later than Tuesday, and not on Sa'.urday. I served ihe summons myself. ±\lr McLean .-aid that to avoid any possible complication he would draw the attention of his Worship to clause 112 of the Justices of the Peace Act, which stated that "any summons shall br served by the constable, or other person not being the complainant," His Worship said that, according to his reading of ihe Act Ike service of the summons was perfectly legal, the comma bX'g after the word constable, and he would rule accordingly. Mr McLean said lie v. n■• not prepared to produce any rebut ting testimony.

with the exception of what defendant ! himself could give, but if defendant j elected to be examined, it would be at his own risk. There was evidence of the transaction being a business one. Christensen owed au account. Defendant had obtained judgment agams: him, and on the Good Friday had asked the man to square up. Christensen said he had os., which he handed to defendant, but afterwards asked for some change as it was all (he money he had, and detem.iant gave him the change. Thomas Nelson, sworn, deposed : I am a storekeeper residing :u PaUnerst.m. I remember the March. Christensen, Dinasen, and J ■ — came to my stor*> after dinner. Th -y brought a hive of bees which 1 had purchased for 28s. It had been raining. Tiiey were pretty wet, and looked cold when they came m. I asked them to take a glass of something to warm them. Tlie liquor might have been rum. I asked Christensen to pay a little more off his account. The judgment I had against . him was for about £12. He had paid me £4. I told him if he did not p".y the balance soon I would take a ju „-- ment summons out and put him '..> prison. He gave me a live shiliX piece. I said " That will be eve ." He said that was all the money lie I*. -. A and I gave him 3s bsn.de. I mean! ... saying "even" that the 2s I retai .-••'. added to the cost of the bees w. ■*:* I make even 30s. I swear I took v ) money for drink that diy There is i;ifeeling between us. I Lave not got my day book here. By prosecutor: I told Christensen on Good Friday that I woul-.l take out a judgment summons, and put him iv prison. I applied for a judgment summons against him a fortnight ago. I am not m the habit of selling spirits by retail. I swear positively that I have not sold within the last three months a less quantity of spirits than two gallons. I am not m the habit of selling less quantities of beer than two gallons. Christensen did not call for four ghsses ; he called for three. I don't know whether ifc was before or after that he liMided me the money. I returned him 3s out of ss. I was once before brought up for sly grog selling, but the case was dismissed ; it was m Otago. I do not know the year. I was never brought up on the West Coast. I am m the habit of giving a glass to my customers. Ido not keep a dancing saloon. All present, as far as I am aware, were there by special invitaiion. The room was not open to the public. It was not a public dance ; ifc was for my friends. No one interloped but Constable Donnelly. By the Court : There were two Germans mmy store on Good Friday. I am not sure that I have not had conversation with them since. Mr. McLean m addressing the Bench on behalf of his client said, it would be well to remember that; the information was of a civil character. His client was charged with a breach of the Licenisng Act, of 1876, and he would ask t he Court to divest their minds as completely as possible from all charges save the one then before the Court. Defendant had been considerably bespattered by Constable Donnelly, but he would submit that his client was not. there to answer for his formsr eomluefc ; he was called- upon to answer the indictment before the Court that day. It was necessary m weighing evidence to consider the relative position of the parties. Defendant had frequent occa.-ion to attend that Court m seeking to recover amounts due to him, and that naturally made him unpopular with a certain class. The evidence brought against him was that of two of his own countrymen who, so to speak, h*id been under the lash of defendant. It was quite possible, and indeed feasible to believe that after all theirs was a made up story. The eviden-e of the second witness on the whole hung very well together, and as the same motives could not .be attributed to him as to the' previous witness, his evidence was more to be relied on. Bur even m that there was a discrepancy. Towards its close he stated that the amount to be paid for the bees w;is 30s, and he had previously said tint he had heard no coiiversa'n.n about them. It was well known that Danes were hot haters, and that upon comparatively slight grounds many of (hem exhibited a large amount, of personal animus. His Worship m giving judgment said there was sufficient evidence to prove that defendant had made unlawful sale of liquors, and the Act provided that for offences of the kind a penalty not exceeding £50 should be inflicted. Looking at all the circumstances of the present case, he felt it tb be his duty to enforce the full Hue. Judgment given accordingly for £50 and costs of Court. Thomas Nelson v. Andrew Clowson, Claim £14 17s 3d. This was an amended claim ancl defendant acknowledged to have received a copy of the same, but produced two receipts for an amount of £3 10s, for which the plaintiff had not credited him. The plaintiff admitted tie genuineness of the receipts, and said they must have been omitted m bis book. The defendant further objected to a charge for a house, of £3, but the plaintiff explained this was the balance still owing on ..he house, which the defendant acknowledged as due, and judgment was recorded for plaintiff for £6 7s 3d. Same v. Nouman. Mr Warburton applied on behalf, of defendant, who had been summoned to Wanganui, for an adjournment, which was granted to next sittings. PALHEUSTON NORTH LOCAL Bo.'-.KD v. EoBERT BIiIGHT. Claim rates 4s. No proof of service.

Thomas Goodison v. T. W. Stace. * Claim £2 i'.-r curing a horse's leg. Tin-re being a differ -nee of opinion as fo the terms of the agreement and the cure, not having proved effective, judgment for plaintiff for £1 and 9s costs was recorded. B. Peiu'F.r v. W. Beeves. Claim £ 1 4s. No appearance of defendant.. Mr Keeling, accountant m bankruptcy, applied on behalf of (he lius'ce for plaintiff's esla-te to have the judgment impounded for (he benetP of ihe creditors. The 1!M. adjourned the case to next sittings to consider (be point raised. Pollock & Jones v. J. Thompson. No appearance. Struck our. WuruN _ King v. Alfred .Stkattoit. Judgment summons for £11 6s aXtX-s costs. Ordered to piy £1 por month, or m default" one month's imprisonment. Same v. Edwah r> Noble. Judgment summons for £7 13s Id. Costs £1 3s. Ordered to pay £3 per month, or m default one month's imprisonment. Save v. John Henuy. Judg:. .eu ! niirtramis. £23 Is 6d. Oss £2 6d. Ordered to y.v 2 X v r mouth, or m default two ire*" ; iis' imprisonment.