RESIDENT MAGISTRATE'S COURT.

Manawatu Times, Volume III, Issue 65, 25 May 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

; EAiMERSTON NORTH. TmrasbAY, Ma.t 23bi>, 187& (Before R. Ward, Esq., EM. j and Messsr. J. T. Dalrymple, and Henry McNeil, J.8.P.) BEEACH OF THE lIOENSINa ACT. Thomas Nelson was informed against by Constable Gillespie, that he did unlawfully, sell and supply to Albert Renati and William Major, a certain quantity of sprituous liquor, to wit, two glasses of whiskey^ on the 25th of March, -ti&e said Tliomas Nelson, not being a duly licensed publican. At the outset of the case}, Mr Staite^ who appeared for the defendant, stated that although: he was convinced that when the evidence for the prosecution wasproduced, it would be found that there was no" base; still, he would claim m the event of; the Court thinking otherwise, the privilege of obtaining a remand m order to bring very important witnesses from Foston and elsewhere. He was. instructed^ that the police had refused to serve the >*subpcenasforthe defendant, and he must say that m his experience he had always found lit thei practice of the police to serve such summonses. He would asjc the Bench what was the practi.ee m that Court. The Magistrate stated that it had been the practice of the Court for the defence to procure and 'serve their owg. subpoanas, but ; twhere the sum of 2s 6d was pajd. such notices were sefrved by the. 1 police within a radius of two miles, and after 1 that distance a mileage of eight {pence a iMle was charged.. In the present case^it appeared those conditioas had ; not *been complied with^ . and; consequently the defendant could hot vmXea, claim for servance. -He' was prepared either to hear the case or to ha.veit postponed till next Court day^but he could not 'bind the Court to the granting of an adjournment once thecase had been opened. Mr Staite; elected to proceed with the , case, and the- pplice^then called the first witness, -^•■.. - • -v-;' Alexander Callaghan, who. deposed : I [am a pressman at the "Manawatu Times." I know the defendant, Thomas Nelson. I remember the night on which 1 the Maori Ball was held m theForesfcers' Hall. Mr Nelson hired the hall, and I paid two shillings at the door for admittance to Mr Nelson. When I bought the ticket 1 did not receive any refreshment, but. I ha,d a dance. I afterwards went up on the gallery and there saw Mr Major. I remained there about a quarter of an hour, and then went into a. small room where Mr Nelson was selling drink. There was a small, counter m it, on which there were glasses and bottles. The place had the appearance of a bar. lathe bar .there were fully, a dozen, there drinking, composed of Oermans, Maoris, . and others. Some were drinking, lemonade. I knew one Maori by the name of Alfred. Be was standing there, and he asked me to shout for him, which I did, calling for lemonade and whiskey, I gave the whiskey to the Maori, /and drank the lemonade myself. I paid a shilling for it. He put the drinks on the counter, and I took thenyupY We then both left the roo^ and went into the body of the hall. I went again into the bar, after some .time with Mr Major, on which occasion there were a great many present drinking, but I could not say what: :Majpr and I had two whiskies, but np lemonade. I tried to drink mine and could hot, but Major drank Ms. I paid a shilling for the two drinks. I have never been used to drinking whiskey. I then left, but Major remained talking at the bar* J believe to Mr Nelson. I saw some Maoris- there, am.on.gst whom was Alfred, wbk had another drink. I noticed the drink m the Maori's hand but did hot see him pay any money. He and i'h4d another drink afterwards. He sang out for whiskey, but they would not serve him, whereupon I caUed for and obtained a lemonade and whiskey, the : f ornjier of which I drank; myself, and* gave tfie Maori the other, I paid for^'both. I saw Major after that drinking at the bar, but I could not saf how many glasses Major had, but I should say heliad about six or seven He shouted several times during the evening, and on each occasion I saw money pass. He was sober when he ; first went into the room, but he was drunk when he was taken *hpme from! the hall. I asked him to leare, several times during the evening, ' Mr Nelson • heard me asking hini,but he told me; to i leave him alone, and asked me; " what r it. had .got ta dp with me P" I was ohiyi'out of the. hall for a, few minutes during the evening, but I would be not positive whether Major' remained during my aQsence. lam certain Major went there sober, and I am also certain that he was drunk when he left. .. Cross examined by Me Staite: I cannot swear as id the date; All the drinks ■that I had were paid for as far as I. know. I lost my ticket for refreslimeht. Mr Nelson had a barman that night, but he was a stransrer to me. I never asked foi* refresli ineut on accouutt of :ay ticket, I saw some, per-

. sons get drinks and^not pay for them. ■■ I will not swear I was served with whiskey, but I will swear that it was spirits, and that Mr Nelson supplied me, and took the money. I should not know a whiskey bottle. I saw thebottle out of which the spirits came.. It was a small square black bottle. I did not give information to the* police** but the constable came to me last Monday. I owe Mr Nelson money* and ho has had me to the Court on a judgment summons. It has nothing to do with the present case. I enjoyed myself at the balL I saw lemonade 1 and cakes there. Mr Nelson did nob seem anxious to serve the Maori, sol called for whiskey for him and paid. I had no idea of laying an information as. Mr Nelson and I were good friends.. He had not summoned me then. I did not order whiskey for myself, bat when it had bees given- to me m a mistako I tried to drink it, but could not. F saw Major pay for drinks, but I can, only name the drinks he had with me* Major went to the Hall some where, about nine o'clock as far as I know,, but he might hare been there before. Hewas- perfectly sober when I saw him first, and I swear that he had not been drinking sufficiently to affect hin»» To the Bench: The ball to which I refer Ifjbelieye was, on Monday. „My\ reason, for saying so, was that we work i late on Tuesday^ and I think, it was the. night before. fl Ma^or>. on oath deposed : I am a compositor living at Palmerstoni I know the defendant, Thomas Nelson. I remember there being a Maori dance on the 25th of March, at the Foresters? * Hall.: ■ I was tkere and paid a shilling,* for admittance. Mr Nelson asked me to give a good report of the ball. Hei did not tell me that the ticket entitled me to refreshment. I remained on, thft gallery for. about three-quarters.- pf ' ait hour. Callaghan joined me- after some? time. T said I was going to clear out,, and he said that as Nelson was selling drink 'dow.n stgtirsw we had better goy and see what it wa9w "W"e went into room off the< ball-room.. ,MprNelson was there, he , seemed! .to. be> serving some- drinks which appeacedi to be lemonade. There were Maoris: also there drinking. Callaghan askedl for whiskey* and I was supplied with i grog of some HnpV I beliete it to, b_s 'whiskey. I did not see what Callaghan} had. He paid a shilling for the drinks;. There appeared' to Ibe a pretty good crowd of Mapris drinking* bnt cojqjdt not say what. I went into the bafi-. room^ and returned to have some more, hard stuff. I w«& perfectly sober^ when I went to the hall m the evenings I paid: a> shilling for the drinks I had* but I cannot remember how many, t had ho lemonade, ; bu% stuck toT the hard stuff, as far as I can remember* IJ; am certain I paid; for more than one, or;frtro. I-b^Keve I got tight there.. At least I heard sanext day. I wa?> not out of the hall that, evening,; that. ; I remember^;; iiijdp^ r . not. ;, remember shouting, for the barman. I was not, sober when -I was ; taken hpme v ■..,_ . By; Mr Staite, : I. could not s»y fpr> ■ what object the balUhad been got up*, i either before or, since. T' never knew, that the ticket would include refresh-, ment.,' I wSfiL swear, that/ J^ did, not, teU Nelson that 1 tad only a shillings, and got m for that price. I did not ' know/ that the price was:, fiigher, pt that others, paid - more./ I dp not ref member that M* Nelson asked?' for more -than one shilling. I do not know I how Callaghan was charged two shillings. I 1 do. not know exactly now much mdney> I had on me, but I must have, had afe, - least a pound. I hs^*couple.6f glasses* - of beer before going, ta the ball. I* did not imagine that Callaghan wanted) to entrap Nelson on account of his? summoning him, as that had) not taken, placnthen.. may hare-, mentioned" to> the .Constable that Callaghan ■ could} 'make it hot fo^ Nelson, ifelsontodkuprthe moriey which w,as paid ;f or tiie ! two drinks. I had ho cigars; 'I can-, not say whether I had anything to eat* I might hare had. I will swear that : I had either gjgoi .-or wjijajcey, but-I could not be •positive which,. ■ * / Albert Benata, a Maoris sworn throughi Mr B^iker, interpreter, deposed :. I was-, at Palmerston at the time of* the- Sitting; of the'Natite Lands Court; iknowMjK - Nelson, and remember him having % ball at the hall at that time. I went, there with two Europeans from Napier. I paid Mr Nefeoao^ half a crown for. c admittance, and those who took m, partners paid three shillings and su^. pence; I was told that : the ticket of admittance would include cakes., T understood the refreshment 'to; include, cakeV ©nls» npJ; drinks. I .haU the cakes, ana had also some spirits which* a European shouted for me. It wask whiskey. That was what was called for ; he paid the sixpence. My friend* who went m with, ny> shouted" two, glasses, wd^sAJ^id.; J saw a number, other Maoris as well as Europeans* drinking, but did not see money pass? they may or not have paid. ">;> .;._ Ta Mr Staite : Nelson supplied ma with the whiskey. It was handed to me. upon the counter, ahd I then took i^. Callaghan said to Nelson, 'loh yoa better let him have it/ and he did It waja whiskey which, was supplied, lam confident of that. I know perfectly well the difference between, whiskey and brandy. I did' not see, any money pass. Adam Clarke gave me a ticket which entitled me 'to refreshment: ' : . This was all the evidence brought forward by the police, Mr Staite stated that the informa-. tion was bad, and the case would have, to he dismissed on the ground that it. contained more than one specific offence,. According tp the 7th section ; of tha Justice of Peace Act* 1866, which said that every, such information shall be for one ofjien.ee only, the n^ention of two glasses of whiskey vitiated the information. Before entering upon . the. merits, of the case. l*e. would like to, have the ruling of the Court upon that pointi • After some consultation with his. brother Justices, the" Resident Ma^ik-. trate . said the Court would have to a^-. . hi>ld the objection taken by counsel. As the information was bad there would, bo no use m the Bencli- granting a con** yiptipn, for if the one were bad, iti nceessarily followed the other would b\i null and void also. The case would " therefore be dismissed without prox jadioej. ■;,-:.; r