MR OVEREND’S COMMITTAL.

Patea Mail, Volume V, Issue 428, 24 May 1879, Page 2

MR OVEREND’S COMMITTAL.

The Wanganui Herald of Thursday, says:—A short time back Mr. Wm. Overend, storekeeper at Waverley, was charged at the Carlyle R.M. Court with selling powder without a license. The circumstances of the case were so peculiar that a committal wasAiot thought probable, but the Magistrate held that a prhna facie case had been made out, and disregarding the objection that the information was illegal, in consequence of it not having been laid by the proper officer under the Act, committed Mr Overend for trial. The case being thus mh judice, we were prevented from commenting on the evidence, but having been informed that the Crown Law Officers have decided that no case existed against the accused, and that instructions have been sent accordingly to the Crown Prosecutor, we now take the first opportunity of reviewing the case. In June, 1878, a person called at Mr Duthie’s store in Wanganui, and bought a gun and one pound of gunpowder. The purchaser said he represented a Mr Birch, of Waverley, and not having enough money with him to pay for the gun, he paid for the powder and some shot, and arranged that the gun should be sent to Mr Overend’s store, Waverley, where Birch could call and pay for it on delivery. Birch did call as arranged, and received the gun, but not wishing to take all the powder with him at the time, took away only one-half pound flask. The other half-pound, paid for in Wanganui, was placed on a shelf in Mr Overend’s store. Months passed away and the transaction was forgotten. In fcjeptember, Birch call again at Mr Overend’s store and asked for some powder. Mr Overend. forgetting that the powder had been paid for in Wanganui, handed Birch the half-pound flask that had been waiting for him, and included the cost of it in his account. Mr Birch, whose recollection of - the circumstances was particularly hazy, and whose evidence was given in a very hesitating manner, did not acquaint Mr Overend of the mistake, but paid the account. This is the whole case briefly stated, and upon this very slender basis a criminal action was brought against a respectable and much respected tradesman. Of course it was wrong for Mr Overend to -charge for an article that had been already paid for, but it must be remembered that the transaction was just a little complicated. The gun had to be paid for on delivery, Mr Overend acting as agent for Mr Duthie (who is a licensed dealer), and it was an excusable slip after three months had passed away, for Mr Overend to think the powder had also to be paid for, more especially as the first payment had not been made to him. The Crown Law Officers, in deciding that there was no case, have taken the only view that reasonable men could take, and it is much to be regretted that Mr Overend was put to the pain of committal on a criminal charge on such an absurdly weak chain of evidence. The clandestine sale of powder in this part of the Island connot be too closely watched, but the prosecuting constable in this case has shown a lamentable want of common sense, “ zeal” for the public weal, we suppose, being his only excuse.