COURT NEWS

Opotiki News, Volume II, Issue 171, 19 April 1939, Page 3

COURT NEWS

MAGISTRATE’S SITTING LONG list 'of cases , Tiie monthly .sitting’ of the Opotiki 'Magistrate’s Cburt was held -ye,sterility before Air. E. E. At niton&> S.M. There was a long list of ca’ses and police proceedings were conducted by Sergeant J. Isbister. LIVELY TIME AT TE KA 11A /' ASSAULTS BY 31 AO U l Tan Apiata (Air. Hei) was charged that on the 19th. January he assaulted. Aljr. J. j. Walker by gripping him by the throat. . He was further charged that on the same date la l as-' vaulted Rawiri Mira by kicking him in tln i face, with using obscene language in a public place at To Kaha and with driving a motor-cycle without being the holder of a driver’s license. De--d'efenda.ut pleaded guilty to the charges. In outlining the ease'. Sergeant Ls-bist-cr said that defendant with two other men went into, the dining room of the To Kaha hotel. Defendantpicked up things off the tables and threw them about the room and a girl refused to serve him a meal. Defendant went out hut later came hack and demanded dinner. -The licensee Walker spoke to him hut was assaulted by defendant who caught the licensee by tiie throat. Constable Mira came along shortly afterwards and spoke to> the defendant who >wore at him. ’J he constable tried to. pacify defendant win. struck the constable and a des.perate encounter took place. V bile the constable was on the* ground ho was kicked in the face by defendant. Other .Maoris assisted the constable and defendant- was tied up with ropes.' There was no police cell available aJid defendant was tied up to a post in front of a cottage. Me used bad language. Constable Hira later let him go and defendant got on a .mot-i r-eycle. fell off several times, hut later got away. He had been in trouble before and was a had example to the other Maoris. On behalf of defendant. Air. Hei stated that the person assaulted in the hotel was not the licensee hut was out- of the Walker hoys, a son of the brother of the late licensee. In regard to Constable Mira, there were circumstances that brought about- the souffle. The accused was tu> doubt- under the influence of liquor and was becoming a nuisance. The constablo was rung up and came down to the hotel and instead of trying to pacify tin-.: accused the -latter was knocked about. The kick to the constable’s •fact- was unintentional. In regard to the accused’s character the only time In was in trouble was when lie was under the influence of drink. Me was very sorry for the whole trouble. He was being brought up by a chief and nc doubt thought ho would take the chief’s place some day and probably thought- lie had better cultivate the habit of asserting himself. He (Mr. Hei) had given accused a good talking to and had advised him to take out a prohibition order against himsell. The* accused was very sorry about- the whole matter and said do anything. On the first charge defendant was iinc-d £2 and costs. Air. Walton said the assault on. the constable .was a serious matter and' he would impose a sentence of 1-1 days Imprisonment-, Besides using 'obscene language defendant- had used threatening language and had said lie would wreak veugenee on the constable: On the third charge, a sentence ol 14 days ■imprisonment was also imposed, the two sentences to bo accumulative. Cm the fourth charge defendant was convicted and discharged.

THEFT OF SHEET + ANIMALS 'SHOT BY YOFTHS Two young ihcji from tin* Coast, Jac k Savage and a Maori named Tare- * kura were charged that at To Kalia they stole six sheep the property of * the* Native Department. The defendants who .were represented by Mr. 1 Hei elected to be dealt with suminnrI, ay. •;• ::v&■.

Sergeant- Isbister said that the manager of the Pa rap ara Station found a number of sheep had been shot and discovered the remains. He complained. tortile police- and Constable Hira. made- investigations. Another bo-y had -.been before the Children’s Court in connection with the same matter and it was admitted there had been ' shooting. This boy was largely influenced by the two- older youths. Tbo two accused had a- bad reputation. Air. Hei said that- Savage was now just 18 years of age and really should have been tried 'in the. Children’s Court. Sheep were running on two abandoned blocks in- the district nncl people had been in the habit- of helping themselves-to these sheep. The two aecusedi*went- pig-hunting and later they saw some sheep and considered their action would, not be questioned if they killed them. Air. Walton, admitted Savage to probation. for 12- mouths and he was ordered to make restitution of £<s os. Parokura «was sentenced to two months’ imprisonment. CHARGES OF BOOKAIAKJXG TWO AIEX FIXED John Boy (junr.) was charged that on Bth. April lie carried on the business of benkmaking. He elected to be dealt- with summarily and: pleaded guilty. Sergeant. Isbister said that Bov was a- labourer, and was employed by the borough council under the Xo. 13 scheme. On the eleventh of the present. month he was arrested in the bar of an hotel. Prior to the arrest- evidence had been secured that Foy had taken bets. The usual paraphernalia was found in bis possession. He had been betting for some time but only in a small way. Foy. was convicted and fined £ls and costs. Horace Clark who was also charged with carrying on business as a bookmaker pleaded guilty and elected to be dealt with by the court. Fie had been arrested in the bar of the Royal Hotel. Sergeant Isbister stated that prior to the arrest evidence had been secmedl of the taking of bets with other men. The betting material in his possession was more elaborate than in the case of Foy. Clark was doing business in a fairly large way and when arrested had £2O odd in his possession. For the last two years he bad not done any work and he (the sergeant) had been told for some time before that! The sergeant added that there was a lot of- betting being done for a town the size of Opotiki. The police had complaints from wives that their liushanclls had been spending their money on betting instead of the homes. Clark iwas convicted and fined £25 and costs. A CHARGE OF THEFT TOOK WRONG TROUSERS Taylor Tai was , charged with the theft of a. pair.of trousers on April 15. Tai pleaded guilty. He was further charged with a breach of his prohibition order. Defendant pleaded guilty to this charge also. Sergeant Isbister said that Tai had been given whisky by another lodger at the Central Boarding House and had caused a- lot of row. He took; t-lio trousers of a neither hoarder and when arrested in the street was found to be wearing the missing trousers. It was Tai’s sixth breach of his prohibition order. Defendant told the bench that lie was very drunk and did not know what he was dbing. He took the other pants by mistake and left his own behind. His own trousers were hotter than the ones he had taken. Sergeant- Isbister said that Tabs statement was quite correct. For the breach of his prohibiunn older. Tai was* convicted and fined £5 anil costs 10s, and on the charge of theft was linedl £2. DRUNK IX CH ARGE- OF CAR VISITING A!AORI FINED £ls. "~ r ~ 4" A Alaori from Tokomaru Bay, Brownie Komemcne, was charged that on the 15th. April lie- was in charge of a motor-car while in a state of intoxication, in Alain Sergeanj Isbister .said that at about

G p.m. on April 15 Inspector Alorell saw the. accused in a drunken condition leading a boy along the- street. He got into a car and backed out into the- street. He wa.s stopped by the inspector. The defendant was more than intoxicated—he was- quite, drunk. A doctor’s Certificate liad been secured. - Defendant said he had nothing to say. He was convicted and fined £ls and costs. He was also -prohibited from obtaining a driver’s license for 12 months and ordered to pay the doctor’s fee £1 Is. BREACH OF PROHIBITION ORDER Jack Peraniki ifas charged that cu 15th. April, during the currency of a prohibition order, lie was found on licensed premises. Sergeant- Isbister said Peraniki had been found in a shed at the rear of an hotel. His conduct during the- currency of the order had been unsatisfactory. He was convicted and fined £l. EXPOSING INFECTED SHEEP

Stanley William Brown (.Air. East) was charged that- on ]st .February he exposed hce infected sheep for sale in the Opotiki saleyards. Air. G. Kent, stock inspector, said that defendant had 659 1 sheep in the sale-yards. He had examined! 22 of the sheep and found 20 of them infected with lice. The sheep had all later been dipped. Air. East said that defendant was. a mixed farmer and had been very busy and with a- shortage of labour had no time to dip the- sheep. Defendant was fined £1 and costs. LIQUOR SUPPLIED TO NATIVES CHARGES AGAINST WHAKATAXE AIEX OXEI ALAN HEAVILY FIXED Three Wliakatane men. Daniel Alorgan. Andrew Brown and George Symes faced a number of charges in connection with the supply of liquor to Opotiki Alaoris. Alorgan was charged with supplying liquor to a native and also to native women, Brown was charged with supplying liquor to native women and toi a native in a Alaori prohibited district, while Symes also faced similar charges. Sergeant Isbister said that Sinyes and Albrgan hadi been previously convicted for -supplying liquor to native women. Symes was a taxi driver at the time of the- present alleged offences- and. had brought the other men to Opotiki at about midnight on 22nd January. The men came over to try and influence women in the giving of evidence in the Wliakatane cases. On the way over they bought a limit two dozen bottles of beer at an Opotiki hotel and then went to Airs Skinner’s place and then with Airs. Skinner in the car went to> the girl Alokomoko’s. They had a merry time there and the- owner of the house had to put them all out. The beer in this case hadl been purchased by Brown and Alorgan and brought to the house by Symes. Tommy Rua, in evidence, said he remembered when the defendants, came to the house. He was asleep at the time. Alorgan woke him up and lie went to the kitchen and saw Symes, Brown and Allorgan, Airs. Skinner and bottles of beer. Witness had some beer, which was given to him by Brown. Boor was in a sack on the floor and Brown poured out all the beer. Padldy Alorgan went outl and got more- beer from the car. In the morning Airs. Skinner was drunk. The defendants went to the house to see the girl Singer Alokomoko about the evidence to- be given at Wliakatane.

Air. Barry, who appeared for Brown,* asked witness if lie had not made a mistake In Brown’s identity, but witness said he was definite that Brown poured out the beer. In reply to a question by the- Alagistnfte, witness said he didl not see Symes supply liquor to any Alaoris that night. llangi Rua, wife of the previous witness, said she was outside-, when defendants came to the house. When she went inside she saw the- men in the house. She went outside again and when she came hack she .saw two bottles op beer on the table. Later in the night she had to clear the people out of the house and some of

them were drunk. Morgan waited to take Singer Mokomoko away to Whakatane but she would not let her go.

yTo Mr.* .Barry witness sqid Brown left her house early and left the others still in the house. She dlid not have to order Brown out of the house. ( Singer Mokomoko, in', evidence, ‘ said she was in bed when the defendants arrived. Liquor was on the table. She had two cups of liquor given to 1 her by Morgan. Mrs. Skinner came in Shines’s car to the house. Paddy Miorr. gan was' asking her to change ,lier statement. She refused to agree. She said shq would tell the truth. Brown and Mrs. Skinner went away; • after'midnight. Mrs. Skinner wits not richer, to f'to to" f ,

t Cross-examined by Mr. Barry w)it- ' ness said that Paddy Morgan took the liquor into the house and gave her some. Brown did not give her any liquor. The next witness, Janie Skinner, said she went in the car to Brno’s, place. -George "'Syin.es ’brought in the , beer and all helped theniselves. More than one gave the beer.. She wass Atsk-' ed to make a different-statement about the Whakatane cases. Paddy Morgan was in another room with Singer Mokomoko. She (witness) was now keeping house for Paddy Brown.

T O . Mr. Barry, witness said that Morgan was a man with l a bad temper and went nearly mad. Constable Fuller, of Whakatane, in evidence, said that’ a short time after

the datf- t)f' the offences he interviewed tli© jrclefendants. Symes made a statement in twp other defendants got him to go to Opotikx. Tliey got the liquor] at the hotel ill OpotikL He did not try to influence the woanen in the giving of evidence. Brown also ’made a statement in which . lie said the beer was handed round % Semes/ and Paddy Morgan. He said all tli.e men--and women at the house gotddrunk. , He (wit-nest) v’also interviewed Morgan but lie'- did not-i, admit having taken the beer and did not say why lie had gone' to Opoitiki. ■ ' To Mr. Barry, witness said he had heard about Morgan’s assault 1 on Brown at Wliakatanei.

Mr. Barry said that the defendant Brown deniedl lie liad taiything to do with the liquor. Mcfrgan- thought Brown would have) some influence on the..women;-: -He did not help pay for the liquor ..or, handle it in any way.

Mr. /Walton 1 reminded Mr. Barry that tliei witness Rua had stated that Brown had handed liquor to him. Mr. Walton also said lie-;was convinced that MorgajL was at -the? bottom of the whole miserable business.

Mr. Barry said lie agreed with the opinion that “supply” meant “deliver”. Brown.was in absolute fear of Morgan. Morgan went to Brown’s room at* Whakatane and threw his clothes- about in the street, smashed up the room and broke the furniture and then brutally assaulted Brown. The latter made a complaint to the police but’ under threats from

Morgan lie withdrew the information. The defendant. Brown was actiiig.ynid■er the” 1 Abmphl-sion -of the man Morgan. Mr. Yv'alton said Brown could have easily gone to the Opotiki police. He was sure the sergeant would! have looked, after him. Mr. Walton said the charge against Brown to supplying, liquor to the, women would be dismissed but for supplying liquor to Rua- lie would be convicted and fined £•> and costs. The qharges against Syines were dismissed, M r - Walton remarking that he didn’t believe Mrs. Skinner’s evidence. -- f

Mr. Walton said that Morgan, for supplying liquor to Rua and- on the other charge would: he convicted. He deserved to go to gaol - but die, bad no. power to put hi.my.there.. He jyould be fined £5 and costs for supplying liquor to- the man and £3O and costs for supplying liquor to* the wpmery