Police Court.

Taranaki Daily News, Volume XLVII, Issue 7901, 17 August 1905, Page 2

Police Court.

Alleged Bm6h of Lictnsiog Act. Case Dismissed.

At the Police Court on Wednesday, before Mr Hutchison, S.M., May Carpi nter, barnurd, and Joseph Cody, licensee of the Hotel Commonwealth-, were charged under section ■!(> of the Licensing Act Amendment Act, 1004, with supplying liquor to a Maori, John Hiko, on Aug. 5, ior consumption ofl the premises within the area of a prohibited district as defined (jy the Governor in Council ami duly gazetted.

Sergeant Haddrell prosecuted, and Mr Quilliam (Govett and Quilliam) iefended the accused, both cases being taken together. The evidence! for the prosecution was practically the same as that giv»n in the wxent case against the same defendants for supplying liquor to an intoxicated person (John Hiko, a native). Mr QuilHam, in reply to the Magistrate, admitted that New Plymouth had bein duly gazetted as a prohibited area under section 46 of the Act. The principal witness for the prosecution was John Hiko (whose evi-r ience was interpreted by Mr Daymon). He stated that on the day in jucstion, he went into several hotels. He also Went to the Native Trustee's office twice, and, after having been there on the last occasion, ho walked about the town, going into the Hotel Commonwealth shortly before train time, where ho was supplied byi "the wahine of the 'bar " with a 'gjass of beer,i also two shillings worth of whisky, the latter being put into a lemonade, bottle. He identified Miss Carpenter as the person who served him with the liquor. Cross-examined by Mr Quilliam, witness said he could not remember mything about the flask with brandy in it that was found on him besides the whisky. After getting the whisky he went straight to the station. He might have had the bottle in his wcket when lie was at Mr Fisher's office, but couldn't remember. For the defence, Mr Quilliam reminded His Worship that no proof was tefore the Court that Hiko was

a Maori, or that he had not married a European, whereby he would be exempted by the Act. The S.M. replied that the prosecution was not bound to prove a negative. Mr Quilliam said he did not rely on Ihc points he had raised, r out rested his case on its merits. He intimated the evidence he proposed to bring forward, including testimony that Hiko had the bottle of whisky in his pocket when last visiting the Native Trustee's office. His Worship remarked that if that fact was established tlierq would be no occasion for any other" evidence, whereupon Mr Quilliam called Henry R. H. Oswin, a clerk in the office of the Native Trustee, who said he knew Hiko and saw him on Aug. 5, shortly after 11 a,m., when he rc-

ceived his rents". Hiko called about .'i.ir> in the afternoon ly witness' re-

quest. The office was th-in [ull o( natives and witness took Hiko to a side door. While Hiko was feeling in his ti'Oiiscr pockets for money he lurched and a cork from a lemonade hot tie fell out on the (loot. While picking up the cork some whisky fed on witness' coat. The-cork was replaced in the hot-tie, which was in the inside pocket, and witness told Hiko to clear out, as he was noisy. It was close on train time. To Sergeant Haddrcll : Had refreshed his memory as to the time when Hiko was last at the office. To the S.M. :, Had not- divulged to the Sergeant the whisky incident, as lie had not been asked. Hiko was then recalled by the S.M. and at his request placed the bottle in his pocket and the cork on the floor, and stooped down to pick it up, when some of the liquor was spilt, exactly in the way,as described by Mr Oswin. Witness said that after being reminded of lho occurrence by Mr Oswin he (witness) remembered it. J. H. Walker, recalled by the S.M., said he did not notice anything bulky in Hiko's pocket. His Worship intimated that the case would be dismissed, but lie would deliver judgment on the following morning, after looking into the points raised.

A QUESTION OP RE-HEAR«NG. Mr Quilliam applied for a rehearing of the case of the Police v. Cody, on the ground that important evidence had since been discovered. The S.M. intimated that, notice must be. given to the other side, but at Mr Quilliam's request he consented to hear the application to-day (Thursday). ANOTHER CHARGE. John Hiko was then charged with procuring some person (unknown) to supply him with liquor for consumption off licensed premises. His Worship (through the interpreter) pointed out to defendant the heavy penalty which attached to any hotclkccpcr or any person in his employ for supplying alcoholic liquor to a Maori tor consumption off the premises, and that the law- also provided a severe penalty on the Maori getr ting another person to hjreak the law and supply such lijnuor. He further warned Hiko that he had narrowly escaped committing another serious offenee-that of taking liquor to his home or kainga-and but [or his being arrested | or drunkenness he would navolaecn liable to the consequences of the offence mentioned. As, however, it had not been discovered . who sold Hiko Hie liquor, His Worship would „ot ,deal hardly with defendant, if he would promise not to offend in the same Way again. Defendant having -given the required promise was then convicted and discharged.