The Poverty Bay Standard. SATURDAY, JUNE 17, 1882

Poverty Bay Standard, Volume X, Issue 1088, 17 June 1882, Page 2

The Poverty Bay Standard. SATURDAY, JUNE 17, 1882

Again conies before the public a case of alleged infringement of that Moloch of the Legislature, the Licensing Act of 1881. A man named Charles Poulgrain was, on the 6lh of June, charged before Matthew Price, Esq., R.M., at Gisborne, that he did on the Sth of June infringe the Licensing Act, 1881, (we need not here go into infinitesimal by drunkenness and disorderly conduct in a licensed house—to wit, the Masonic Hotel, Gisborne. With Poulgrain was charged one Hiria Rangiawiia, a Native girl. These two persons were charged in reality with grossly indecent conduct—the proof of which laid in the evidence of one witness only, Mr F. E. Hamlin, J. P., Licensed Interpreter. There being no evidence called for the defence, Mr Price heard Mr Hamlin’s evidence, and condemned the young lad Pouigrain, a respectable boy of only 19 years'of ago, to the severe punishment of 14 days’ imprisonment with hard labor, without the option of a fine. That punishment we consider severe, but as evidence tended to shew the crime was enormous, we cannot blame the Magistrate for basing the amount

of punishment upon the proved enor- ■ mity of that crime. But it must be rememderod that Poulgrain is a young and ignorant lad, and when required to plead, answered, “ guilty,” without any attempt to defend himself. Probably his situation, so to speak, took away his senses. Had he employed a clever advocate he would not now be undergoing the punishment allotted to him. However, although thinking that punishment, taking into consideration the lad’s age, and the dangerous probable effect of imprisonment upon him, was about as severe a one as any magistrate could have passed, we hold that Mr Price was justified by the evidence in his judicial severity. But there is a sequel to the tale. On the 14th of June, appears before Mr Price one Mr Daniel Page, proprietor of the Masonic Hotel, of which the foregoing tale of indecency is alleged to have been the scene, charged with an infringement of 116th section of the Licensing Act, by permitting the disorderly and indecent behaviour, for which Charles Poulgrain is nowsuffering the severe punishment of fourteen days’ imprisonment with hard labor, to take place on his licensed premises. The charge is read, and found to be valueless. The prosecuting officer asks leave to amend that charge by changing the section under which it is brought. The Court grants that change of procedure by the express desire of the defendant, Mr Page, who does not shun enquiry, but courts and demands it. The indictment is amended, and the case proceeded with. Mr Hamlin is placed in the witness box and speaks in support of the charge. Other witnesses arc called in support of the charge, and all their evidence tends to show that Mr Hamlin has taken, to say the least of it, an exaggerated view of the matter. Every witness called for the prosecution, and every witness called for the defence, denies that any indecency was shown, beyond the fact of Poulgrain having his arm around Hiria’s neck and waist. Has the Resident Magistrate no recollection of affairs of this kind being almost recognised familiarities among the lower classes in England ? Has he never been at a Fair I Does he for one moment think that the tastes of the lower classes are the same as those of the people with whom ho has been accustomed to mingle ? What he shrinks from in disgust they accept as part of their every- day lives. Familiarities that people of refinement may shrink from are to the men of Charles Poulgrain class but innocent enjoyment. What to the Magistrate’s relined feeling, the result, doubtless, of education and study, would be abominable and degrading, may very possibly be elysium to the lower standard of Charles Poulgrain. Is the Resident Magistrate going Io educate the masses ? If so, he will find it much easier of accomplishment by giving each individual £20,000 a year and a Deer Park than by locking him up in a gaol for 14 days. In a few words, does he expect to accomplish what the cleverest men in the ■world have acknowledged to be impossible, to imbue the lower classes with the most refined tastes ? If this is the Augean stable which Mr Price, as a judicial Hercules, seeks to sweep clean with the Licensing Act broom, we wish him joy of bis task. But—to return to our mutton—wo find in the evidence adduced in the case quoted that the preponderance of evidence —that of Eru and P.aor.a for the prosecution—and that of MessrsDicK, McKenzie, Stevenson, and Page, completely contradicted and upset the charge, shewing clearly that no indecent or disorderly behaviour took place in the Masonic Hotel on the night in question between Poulgrain and Hiria. Let Mr Hamlin’s evidence be what it may, his own witnesses, and those for the defence, contradict him in Mo when ho states that indecency took place on the occasion quoted. But now comes the injury—the treading on the corns of public liberty. The Resident Magistrate, in summing up, said that while he felt that the case against Mr Page must fail, from the fact of its being laid under a wrong section, he must express himself strongly to the effect that Poulgrain’s conduct had been immoral and indecent, and he thoroughly deserved his punishment. He would dismiss the case, observing, that had the substitution of wordh in the indictment, thereby bringing the charge under another clause of the Licensing Act, not been made, a conviction must have ensued ! ! I Credat Judaeus. This, after hearing the evidence of five people, two of them witnesses for the prosecution, all of whom directly contradicted the stated and implied testimony of one man—Mr Hamlin. Wo not only disagree with his Worship, but we tell him distinctly that had such conviction ensued it would have been a disgraceful prostitution of the law. He is a servant of the law, and must sustain the law, but he nor any other magistrate in this colony shall abuse or strain the law while we have a voice in the matter. Are we children to be thus threatened and played with ? Are we too stupid to be able to discriminate between justice and injustice, between right and wrong ? The Magistrate’s clear duty, after hearing the evidence adduced in the case of Mr Page as heard before him, was to have telegraphed to a Judge of the Supreme Court stating the circumstances under which he had sentenced Charles Poulgrain to 14 days’ imprisonment with hard labor, and

applying for an immediate order for his release. Had the sentence been for a longer term, we would have enforced such release. An injustice has been done—inadvertently we admit—but it has been done, and it should be rectified as early as possible; and it is our place to see that done. The Magistrate hugs liis pet Licensing Act to his bosom, and can s iitle what Charles Poulgrain thinks or feels. We tell the Magistrate that the Licensing Act, however fond he may be of it, must give way to truth and justice. Mr Page says that he now knows that his bouse will bo placed under espionage in the hope of once more placing him in the judicial market. Wo don’t for a moment think Sergt. Bullen capable of anything mean or unmanly ; hois a gentleman, and above such paltry feeling, but here comes in our friend the Act. Instructions will probably bo given which Sergt. Bullen cannot and dare not disobey, and Mr Page will be placed in the category of “ suspects.” The utterances of Mr Price simply mean that the Licensing Act and Mr Hamlin arc righteous and worthy of credence, while Messrs Pace. Stevenson, McKenzie, Enu, Paora, and Dick are liars, and unworthy of belief. The Licensing Act is based upon the assumption that all hotel keepers are gamblers and brothel keepers, and the sentiments so expressed are fully endorsed by Mr Price. There must be some end to this. One respectable and necessary body of men, the Publicans, are placed at enmity with an equally respectable and necessary body, the Police. Until the introduction of this iniquitous Act they worked harmoniously. Now there exists nothing but jealousy and suspicion. Let us get rid of this Act and its supporters. It is intolerable. Wo have been patient and enduring, but our patience and endurance is exhausted by the wearing effect cf cruel and iniquitous folly. Mr Price defiantly flaunts aloft his crusading banner, the Licensing Act of 1881, and loudly proclaims his war cry, Tn hoc signo vinces !! I We have heard the cry in better causes, but we have never respected it so little. Our cry is “ Repeal ” —repeal is wanted, and repeal we mean to have.

Our correspondents’ letters. “ Tologa Bay,” and “ Along the Coast,” will appear in our next. Mr J. Cooper announces thst a Quadrille Class will be held every Wednesday evening, in Bruce’s Hull, at Ormond, commencing each night at 7.30. The charge fur admission is 2s 6d for a lady and gentleman. Certain reccommended amendments to the existing Licensing Act, as proposed by the Licensed Victuallers’ Association of Christchurch to be forwarded to Parliament, appears in the fourth page of this mornings issue. Mr Wm. Ratcliffe lias re announced his business as a Lund Agent, Accountant &c. We feel sure our readers need no recommendation from our pen as to Mr Ratcliffe’s very many estimable qualifications, not only fur his business capabilities, but fur his genial bonhomie. Gentlemen ! look to yoUr pockets. The J Battery have decided to hold their annual ballon June 28th. This ever popular event is to be held in Messrs. Parnell and Boylan’s new hall, and should proveto be in every way a success. The advertisement which appears elsewhere will speak for itself. By a wire from our poor dear old Herman we find that the “Manapouri” is detained, and the Zulu War Panorama cannot open in Gisborne until Wednesday evening next. Figuratively we weep on Herman’s shoulder. Wiiat blessings will be poured upon the devoted heads of the Union Company—we are sad I ! !

The number of persons from this district, attending the Supreme Court at. it s ensuing session at Napier will tot up eighty. There are forty two witnesses and eleven cases— Had it not been fur the death of an accused person there would have been some fifteen more to add to the list—and yet the Legislature say wo don’t need a Supreme Court here. Mr Henry Lewis of Gladstone Road, advertises a lot of new lines in ladies’and gentlemen’s goods of all descriptions, hosiery, rugs, blanketing, quilts, men’s and youths’ clothing, boots and necessaries of every description, at rates which Air Lewis informs us will defy all competition. His stock of groceries and oilmans stores is well worthy of inspection. In point of quality and cheapness Mr Lewis seems determined not to be outdone. Mr Speight, the well-known Brewer from Dunedin, is now on a visit to Gisborne. His adopted city, while affording ample scope for business, is certainly “ too muchee ” to remain long in without a change. Combining business, therefore, with pleasure, he pays us a visit, and by his agent, Mr W. Ratcliffe, culls especial attention to his ales which have attained an enviable notoriety in Dunedin and Christchurch Sydney Smith eaid that “ All beer is good ; there is no such thing as bad beer; some beer may be better than others, but. the idea of bad beer is simply a ridiculous one.” We agios with Sydney Smith, and we think Speight’s beer will meet with a good market wherever it is placed. An interesting little game of euchre was somewhat suddenly disturbed last Sunday week. Mr J. Brodie, the Custodian of the Flour Mill in Palmerston Road, on returning from his dinner, found a number of youths, ranging in age from twelve to eighteen years, seated in the shed attached to the mill engaged actively indulging in that little game the Heathen Chinee “ did not understand.” One of the players having secured two tricks, and having in I.is hand the right-bower, held back until the last round, when ho exclaimed, “ There’s the Jack.” “ No,” said the custodian “ Here’s the Jack" and the way those boys “ put ” proved that we possess several promising pedestrians. Air Brodie hasn’t been troubled since. It will be observed that in our last issue Mr Chas. Young has apologised to Mr D. G. McKay for having accused him of cutting away the booms of the Arai Bridge. Air Young is wise in his generation. Air McKay has suffered at his hands, or rather at his tongue, and we think shews an infinite amount of good nature in accepting an apology for such a damaging statement. When we gave publicity to that statement we did so, with the thorough intention of getting at the truth of it. Air AlcKay compares very favorably with Air Young in the matter, and we feel it our duty now to announce to the public that the statements made by Air Young concerning him were, by that persons own confession, false and unfounded.

The inquiry into the beaching of the schooner Isabella was to have been held yesterday, but was adjourned until Wednesday next. The homeward Australian and New Zealand mails, via San Francisco, which left Auckland on April 25, were delivered in London on June 3rd. Messrs Carlaw Smith & Co., will ho’d a sale of groceries, at 11.3) sharp to-day. A capital opnortun'ty will be presented of purchasing the vury best b ands of groceries must needed at remarkably cheap rates. Those ladies who desire to decorate themselves and secure the choicest, of ball ornaments should n<?t neglect to rend Messrs Parnell and Boylan’s new advertisement. The Volunteer Ball is announced so that time should be seized by the forelock. Messrs Carlaw Smith & Co., have in consequence of the late inelement weather postponed their cattle sale for a week,so that their next, sale will fall on Tuesday the 27th inst. Tl e days for selling will in future be Tuesdays instead of Mondays, as it is considered that day will be more convenient to the general public. It is likely that Air. Dan Gough wl o will be remembers 1 as being here as a plasterer in connection with Messrs A. Graham and Co.’s building, as well as the Bank of N.Z., and Mr. Adair’s handsome structure, will make a re-appearance in connection with the premises to be erected by the Union Bank. Air MeConnochie, of the firm of Ab-Conno-cliie and Flatt, arrived here by the Rotomahana last evening. This firm have the contract for the erection of the new buildings for the Union Bank. Air McConnochie intends starting the work immediately, and we may hope tu see a handsome building ornamenting our street before long. Milk is now fivepenee a quart ’ Such is the startling announcement made by our respective vendors of the lacteal fluid, but although housekeepers may look aghast, still when they think cf the weather and the hard work of those who, morning and night, extract the albulaetic wealth from the corniculate beast termed a cow, we imagine they will look over the advance, and pardon our bad language. Notice that a Bazaar is to take place generally causes pater fa mil ins to button up Ills pockets, and mater fam'd ias to exercise all her powerful influence to open them. She generally succeeds, and wo trust in the coming it will be as in the past, and that the Bazaar in aid of the funds of the Holy Trinity Church, will not only open the pockets of citizens, but also cause some of them to open their hearts. Air Auguste Miller, the well-known boat modeller, has received a commission to build a miniature paddle steamer, which will be supplied with machinery and so arranged as to work in a tank. Mr Miller’s skill in this particular lino is so well known that we congratulate the enterprising hotelkeeper who has given him the order, on being shortly enabled to exhibit a work of skill which must prove attractive.

We observe in a recent number of the New Zealand Gazette that, section No. 13, suburbs of Uawa eownship (Tologa Bay), has been set apart for a public cemetery. The residents have Allan McDonald, Esq., to thank for obtaining this accommodation for their dead. We recommend them to have the allotment, either wholly or in part, fenced in without delay, as is dono by the inhabitants in other places. An inquest was held before Al. Price Esq., at the Royal Hotel on Wednesday last, upon the body of James Burnham Campbell, who as stated in our last issue, had been found dead at the foot of Derby-street near the Taruhern River. The evidence given as to the cause cf death disclosed no further particulars than those which had kindly been supplied to us by Dr. Pollen, and which we were enabled to place before cur readers. Air Arthur J. Cooper, the well-known bootmaker of Lowe-street, has just now in stock, a small line of Lawn Tennis shoes, gentlemen’s and ladies’ He has also a chosen selection of imported bools from Home and Foreign markets, besides a large stock of gents’ hand sewn balumral and elastic boots, and we need scarcely add boots of his own manufacture, These latter are so well appreciated however that it is unnecessary for us to praise them. A visit to Air 11. Bull’s nursery gardens in Carnarvon-st reet, situated as they are whore the richest soil to be found in the township exists, is amongst the many treats very generally appreciated by those who visit Gisborne. Air Bull has, through great perseverance and energy formed, if not quite, the desert into a garden, has at any rate succeeded in rendering an uncultivated plot of laud into a most reproductive nursery garden. An advertisement of his which appears in our columns, shows the extent, of Air Bull’s labors, as he is now enabled to offer for sale young trees &c., locally grown. One or two very narrow escapes from what might have been serious accident, happened in Peel-street on Thursday evening last. At the corner of the aforesaid street (as the gentlemen of the long robe would term it) and Gladstone Road a new butchery is being built for Air J. Maynard. Necessarily a quantity of timber is on the ground. Whether through the negligence of the workmen employed, or through the action of some larrikin, a long piece of scantling projected over the footpat h after dark, and occasioned considerable astonishment to the unfortunates who turned involuntary somersaults by coming in contact with it. By an advertisement from the Southern Cross Company, we notice that Mr E. J. Piesse has superseded Mr Henry Haase, who has resigned, as Manager in Gisborne for the Co. Mr 1). Malcolm Orr calls attention to Iris advertisement of prime picked table potatoes, fowl-wheat, barley, maize, and a first-class lot of prime Canterbury bacon and hams, and a superior sample of onions which he has fur sale at very reasonable rates. The schooner Isabella now stranded on the beach at Pakirikiri, was sold by Messrs Graham, Pitt and Bennett, yesterday forenoon, Mr Montague 11. Smith being the purchaser at £165. The vessel we are informed is not a now one by any means, but is a stoutbuilt and well-furnished craft. Capt. Bendall the Nautical Assessor, informs us that he is of opinion that a small sum will suffice to relieve her from her sandy bed and place her once more on the cradle of the deep. We notice, and it may bo mentioned here, that the purchaser, as may bo seen by advertisement, is calling fur tenders for the re-launching of the vessel and for the recovery of the anchors she had parted with. Mr Smith informed our reporter ho intended to use the Isabella as a yacht—but when that gentleman smiles and looks in his peculiar way at you—well, even our reporter has his fears and doubts.

The South Pacific Petroleum Company notify through their Manager, Mr P. H. Bonrke, that they would like holders of certain scrip certificates to kindly pay up their calls to Mr Bourke at his office, next to Thelwall and Co.’s Peel-street, as they will be forfeited in case of non-payment being advised to Sydney by the next mail. The Gisborne Football Club are going in for practice, and mean business. It is to be hoped that members won’t shirk, but roll up in full form. The match “ Colonials v. World,” should bo a good one. The Napier match being so close handy demands constant and steady practice from members.