A SERIOUS CHARGE.

Otaki Mail, 8 June 1923, Page 2

A SERIOUS CHARGE.

BEER OR CAULIFLOWERS. A £2O FIXE. At the S.M. Court at Otaki yesterday Charles Bell., represented by Mr. Dunkley, was charged wit!; supplying liquor to Natives for consumption oil' ' licensed premises. [ Defendant pleaded nut guilty, while ail witnesses were ordered to leave the Court. Mrs. Haru Eaika stated: I remember May Gth (a Sunday). I know defendant and saw him pass my place with a jar on his back, going towards the town, I later saw him go into the front door of the Central Hotel. J asked if my husband was at Kikihana's and lie would not tell me, so 1 went to Constable Satherley. My husband is prohibited, and I thought he was in the house. I came up town and met Bell going toward.- the school. The ! next thing I -aw was the constable I with tiie jar in his hand, also two XnI tires calling the eon.-table for everyI tiling, " Boogee " came into my place J and I ordered him out. lie was nearly j drunk. This was between 10.30 and 11 a.m. 1 know d. fendant well. Mr. Dunkley: 1 first saw defendant at about 10.30 or 11 a.m. carrying a jar. I ant sui'e he had a jar. although it was in a bag. 1 afterwards went to the gate and saw Bell go into the hole' . and cuter the front door. 1 then went to Constable Satherley, hearing that my husbaud was in a house nearby. To Constable Satherley: My husband I : ■ prohibited, and I. have had' a deal of trouble. Siuco the information was laid I have been threatened if 1. told tiie i null to the police. Since the prohibition order was granted against my husband he had been much better. Bell has never threatened me. Joe Kapata stated: On the oth May I was at Kikihana's, and while there 1 i saw Bell coin,- along with a bat;. We j wcro inside when the constable came j ami took the jar out. There was quite i a crowd at the house, including one pro- ! hibited person, 1 had no drink. To Mr. Dunkley: 1 saw no beer there, but the constable secured a jar from inside the house; the bag Bell had was outside. Constable Satherley stated: On Sunday, May litii. I procured a search warram and went to Kikihana's. When 1 got near the school I saw Bell with a bag which f considered contained beer. He was with I'utu Ciimie, and going j from the direction of the Central Hotel, j I went into the school grounds and j along the gully to Kikihana's house. I saw Bell and Ciimie go into the house. there was no sign of others about the plate. I went to the door, pushed it open, and saw a jar of beer near the table with the sack alongside. Araputa hid a jug and cup, and was about to ' lift the jar up. 1 -aid f saw Bel! bring \ it in. 1 took the jar and brought ir away. Ciimie and Araputa followed me and use'.! the most filthy language that J have' heard since f have been in the> police force. It was no doubt used to aggravate me. I returned to -ee them, 'out they tvcnl away. Bell never -aid a word when I entered the house. On the same evening another man was seen under the influence of drink and was about to enter an hotel. Ihe practice is common nearly every Sunday morning. To Mr. Dunkley: I wanted the search I warrantee gel the jai of beer. I wens

a roundabout v. ay to get tin.-re, because I Lave had dealing.- ~ ; ; h su ,.jj pers-ous before. I saw Bell eater the hou*e ■■viil: the jar of beer; 'her.- were no person* ur the verandah. Mr. Dunkley said the defence was that the defendant took a sack or cauliflowers to Eikihana's at about twenty to 11 u.in on the Jay mentioned. Charles Henry William- stated: lam a plumber and a Justice of the Peace. I remember May 6th, and recollect seeing accused Bell on a plot of ground cutting cauliflowers. This was between 30.0" and 20 minutes to 11. He had been cutting cauliflower* and had sis or eight in a bag. Bell came towards

Accused stated: On May oth I was in my garden cutting cauliflowers and had to deliver them to Eikihana's. I had a dozen cauliflowers in the bag. I Mr-. Eaika sui;] I bad -,, beer jar—l ' deny entering the hotel. I was invited j into fiikihana's, and a few minutes af- I terward* the constable arrived and picked up a jar of beer. No one was near the jar. which was under the !

table. I took no beer there. To «ae Constable: 1 ?,,:jt rh.? raub> flowers on the verandnli. They were in an ordinary sack. I saw no sack near the beer, and 1 swear I took no jar of beer there.

I ■■■-< • >»»t, j The S.M. stated there -.-.&» sufficient evidence for a conviction. Accused il may have cut cauliflowers, but Mrs. Esika said she saw him enter the hotel ar-J return a little later. She complained to the constable, who also saw the sack which he felt sure not cauliflowers. He entered the house, found a saefc and a jar of beer. Bell made no explanation as to the beer. Convicted and fined £2O, in default a month ! s imprisonment, money to be found at once. Mrs. Eaika was allowed 10s. /witness's expenses),, but as the S.M. con- 1 sidered Bopata had not told tie truth ' he would be allowed nothing. The constable asked what was he to do with a jar such as the one claimed. Nobody claimed them. He was advised to return them as long as they Trgre Kngty.