AFTERMATH OF A TANGI.

Taranaki Daily News, Volume L, Issue 59, 30 May 1907, Page 3

AFTERMATH OF A TANGI.

j THE MAORIS' LIQUOR SUPPLY. CASES BEFORE THE COURT. When the chief Toliu died at Parihaka in February a big tangi was held. Included in the refreshments there was evidently a fairly large supply of liquor. 'Hie Jaw makes it an offence' to supply liquor to Maoris for consumption oft the premises, and this liquor was consumed off licensed premises at any rate. The police set to work to find out by what means the liquor reached the native settlement and as a result several cases came before Mr. \V. G. Riddell, S.M., on ! Wednesday morning. I CARRIER CHARGED. j Robert Frederick Roebuck, a carrier : between Xew Plymouth and liaholu was charged with having supplied liquor to Maoris for consumption oil' licensed premises, contrary to statute. .Sergeant Haddivll prosecuted, and Mr. Qtiilliain appeared for the defence. Augustus K. Walkins, managing the Egmont Brewery at Xew Plymouth" st.-t- I

ted that on fltli February, among oth . orders, he received one from Michael Rolgcr, for beer, to be sent down the coast. In consequence of that he gave instructions for a carrier to be sent for to take the liquor away. There were six •In-gtllen casks, and ' the casks were numbered. At this stage, t'has. (V.navan, offieer-m-charge of the Xew Plymouth telegraph department, produced copy of a telegram sent by Mr. Walkins'to Mr. Fox, of Okaio. asking him to see one of the Roebucks, ana tell him to leave the brewery ; ids at Jones' store.

To Mr. Quilliam: He did not see the had been sent from the brewery by carriers, but he had never heard of sixbarrels l>eiiuj sent by passenger coach. Knew Roebuck drove on a passenger coaeh, and that he was driving on it on i)th February. John W. Johnson, cellannan at the Egmont Brewery, certified to the correctness of entrie., in the cellar-book, in his own handwriting. One entry was "Mr. Bulger. C barrels," of beer, on February 9. On that day he saw the defendant Roebuck at West's stables, and told him there was a lod of beer to go down the coast. Defendant's son was with him. The beer was to go to Robinson's or Jones' store, Pungarehu. Roebuck said he knew there was a load to go down. The beer was put on the brewery dray in the yard, for delivery to Roebuck. There was an address on each cask. The casks were numbered 10., 438, 204, 450, 445 and 130. To Mr. Qulliam: He did not see the

casks after they were loaded on to the brewery cart. A delivery book was kept. Tmt no receipt was obtained for the delivery of this beer. Re-examined: On this occasion he was very busy, and he'overlooked the matter of the receipt. Jbhnj-jgJirigger, carter at the brewery, remembered delivering some barrels of beer to young Roebuck on his waggon about the date named. He had often delivered beer to Roebucks. To Mr. Qulliam: The beer was not addressed to Jones' store. He didn't know if it was addressed at all. •J. S. Fox, of Okato, storekeeper, gave evidence that he had received a telegram from Mr. Watkins, asking him to tell -Roebuck to leave the brewery goods at Jones' store. Roebuck, senior, the defendant was driving the coach, and said he bad already received instructions to that effect. He had never said that he had seen whisky or beer in, the coach. To Mr. Quilliam: It would have been impossible to carry the six 30's in the coach. Constable Hickman, of Opunake, stated that on the 17th and 18th February list he and Constable Kelly visited the Parihaka native village. On the afternoon of the 18th he saw a barrel of beer there, numliered 450. and bearing Paul's label. The barrel had the appearance of having been emptied in the few days previous. K. Jones, storekeeper at Pangarehu, knew nothing of the matter. Mr. Qulliam contended that the charge should be dismissed. The Crown had not even proved delivery of the beer to Roebuck; and even if they had proved that, surely it could not be held that he. a carrier, had supplied the liquor. His Worship said he would hear the defendant. Mr. Quilliam submitted that defendant's evidence might incriminate him or his sons in the other cases. According to the Evidence Act he could not refuse to answer any questions that might be put to him. The Magistrate asked for the second charge to lie read. The defendant was then charged with aiding and abetting in the commission of the crime of supplying liijuor'to Maoris, and he pleaded ''not guilty." Sergeant Haddrell said lie had no fresh evidence. The Magistrate still thought the defendant should give an explanation. Mr Quilliam reported that defendant's evidence might be incriminatory, and it he were to lie put in the box he would ask the Court to issue to him a eertifi e;ite of exemption from penalties. The S.M. said no questions would be allowed except in reference to this ease. | The defendant stated that he gencr--1 ally drove on the coach, very seldom on the waggons, lie did not carry any six barrels of beer on his coach on Dili February. To Sergeant Haddrell: Remembered Johnson asking him to lake some beer to Pungarehu, and remembered agreeing to send the coach round to the brewery for it. He saw the barrels on the waggon at the stables, but not subsequently. He looked to Mr. Bolger for payment, as it was addressed to him. He could not say if the beer were delivered to Jones, or what became of it. His son. Frederick William, was driving the waggon that day. Remembered a constable coining to him. The constable said he knew fur a fact that witness had delivered the goods. Witness asked, if that was the case, how was it that he had told another carrier the same thing. He did not say that it was his "own business." Did not tell the constable, ''You can't well pump me." Did not instruct his son not to give any information to the constable. He would not lie surprised to hear that the beer went to Parihaka. To Mr Quilliam: The constable said ho knew witness had delivered the beer at. Parihaka, aud that was why he declined to make a statement. Constable Whitchouso was called. lie stated that he saw defendant at West's

stables in the yard. Followed liim into the Vectl rnuiii. and said he wanted to speak tu him for a few minutes. Roebuck said. "You'll get nothing nut of me."' Witness remarked. "F.vidcnly you know what I've come about." and lie said lie did nut. Asked hini if lie drove the waggon on the previous Friday, and he told the constable to "Hud out." Afterwards said his son drove the waggon, that "his name is Roebuck, the same as my own." \Yilh some difficulty wit ness got from him the information that be owned a coach and two waggons. Saw defendant's son later in the stable. The father came on the scene, and said to the son. "Don't you tell him anythiii-r. Let him find out." Then to witness "You think you know a lot. but you know nothing, and you'll get nothing out of ik You black devil, you've been enquiring from every carrier along the road." Defendant was offensive in bis language, but witness was not. Defendant told him on several times' to go to To Mr. Quilliam: Was polile from the

start, l'erhaps wasn't ijuitc as polite at the finish of the interview as at iis eoionieii'-eiiient. Made these cmrnirios on Kith February. Mr Quilliam: The information was laid on Utls of this month. The Magistrate deferred judgment pending the heaving of the charge anaiu.'il j defendant'- son-.

TWi! BRoTIIEUS. Frederick William 80-buck, son of th.. prcvioi:- dci'oD.laid. wa- then charged with bavin-supplied ben-and whisky to Maoris at I'arihaka. for consumption olf licenced premise-,, and on a second information with having aided and abetted in tie- con-umption of the oircnce. Arthur Roebuck was similarly charged. .1. S. Fox witll-ss ill lb.' previous case, said he had seen Fred. Roebuck on the same night a; he hud »vu the father. Koebuck'told him and others in the -hop that lie had six barrels of beer and ten cases of whisky on his waggon, and licit lie was taking them to I'arihaka. YVilness warned him to be careful about what he was saying. Arthur was not in she shop at th" lime, lie understood (hat Arthur Roebuck was going with him. Saw Arthur next day. The latter aid tint on the previous night he had d'divered the grog at I'arihaka; that I there were a few Maoris there; and | thu he had had a good time there. i To .Mr. (luilliam: l< seemed a funny ■tiling lint a man running a cargo of ' .i'jHor inii, I'arihaka should openly ! slat" his intention of doing it. The Roebucks hnl a first-class character. Mr. t.Hiihiain here admitted that Fred. 'Roebueli delivered a certain quantity of

liquor into Parihaka in his capacity as licensed carrier; also.that Arthur was there, merely as company for his brother. ! Arthur Roebuck was placed in the box, 'and said he had no idea why Parihaka. ; was entered at night. The waggon : started front Okato about half-past ten o'clock, and returned to the staldes about | four in the morning. Parrels and boxes i were unloaded from the waggon. He had , had some beer given him by .Maoris eom- : ing home from Okato, but had no liquor ! from llie pah. The cargo was not : broached in his presence. J Sergeant Haddrell: What did you i mean by saying you had a good time, Mheu; Witness: Well, the Maoris had a dance on. and we went, and bad a good time. You seem to thinkrluat because J say 1 had a good time we were "boosey." Anyone would think we were down there "on tin slrk-ker." Mr. Quilliam submitted that there

could be no conviction on the charge of supplying. His client might be guilty of aiding and abetting, but as a licensed carrier he was compelled to carry ami I deliver goods.

I The .Magistrate said that the evidence did not connect the elder Roebuck will)

the crime, though there certainly was a Mispicion that he knew wjut (lie liquor was for. The prosecution had failed to prove that he supplied liquor to the Maori, or that he aided and abetted in

the commission of [lie oil'eitce, and. Uncharges against him would be dismi .»ed. The cases against the sons were "i u a different footing. William Frederick had been in charge of the waggon, and had pleaded guilty to the charge of aiding and abetting. lie admit ted having driven his waggon into Parihaka with

a load of liquor to be consumed there. Mr. Quilliam had raised the defence that in neither case could the charge of supplying be upheld, and he agreed that there was some doubt, as to whether the information had been supported by evidence. But there was no doubt that the charges of aiding and abetting had been proved. Then Arthur Roebuck had assisted in carting the stall', had remained in the pah, and had had a good time. Hut the Magistrate was convinced that he knew there was an offence being committed. Fred. Roebuck was the chief j party in the offence, rather more culpj able than his brother, and he would be | convicted and lined £5 and costs, in default 14 days' imprisonment. Arthur Roebuck would be fined £3 and costs, in default seven days' imprisonment. J'he S.M. remarked that the quantity of liquor supplied was very large, and the, defendants well knew, or ought to have known, that they were committing an offence. The lines were paid.

CHARGE AGAINST HOTELKEEPER. . Michael Bolger, hotelkeeper, of Manaia, hotelkeeper, was charged with a similar offence between Sth and 17tli February. He pleaded "not guilty," and was represented by Mr. R. D. WeMi, of Hawcra. Mr. Welsh, in opening his defence, said the defendant had been the victim, perhaps not of circumstances, but of other people. He had acted honestly, and in good faith, but negligently. The natives were determined to have liquor at Parihaka, and asked Bolger several times to supply it. He refused. But the wily Maori was as astute as the rest of us. He knew that a half-caste living as a European was exempt from the prohibition. The half-caste was forthcoming, lie was a man named Robinson, living on the Glenn road, near Mantua, as a European, aud entirely apart from the Maoris, farming about 200 acres of land. He persuaded Bolger to let him have the liquor by pitching a plausible yarn that the prohibition extends but a mile outside Parihaka, and the liquor could safely be sent to Pungarehu, where he promised it would be stored until the Government forwarded a permit for the admission of the grog into the kainga. This half-casfe was a well-known settler, and Bolger took his word. His connection with the liquor in question began and ended with the ordering of it by telephone. He had nothing to do with its delivery at Parihaka, his instructions having been to deliver it at Pungarehu, and he fully understood that it would not be taken into the kainga without the Native Minister's permission. The evidence of the Egmont Brewery staff, given in Roebuck's case, was admitted. The evidence of Michael Bolger was on the lines of Ids counsel's opening, with the addition that he had known Robinson for 25 years, and that Constable Carroll had told him lie was quite within his rights in supplying the halfcaste Robinson with liquor to take off the premises. Wm. Robinson corroborated this evidence, stating Bolger had positively refused to supply the liquor until wilness promised not to •introduce it to Parihaka without the Minister's permission. John Hunt, Chairman of the Manaia Town Board, deposed as to Robinson's miinner of living in European style. Mr. Welsh addressed the Court, lie contended that, as to supplying liquor, there was no ease against the defendant. The. law was quite clear on the fact that a half-caste living as a European did not come under the same heading as a Maori. The other charge presented, perhaps, greater difficulty, and was the real one that had to be answered, lie was inclined to agree with the prosecution that the defendant had acted ncejigcntlv. As a hotelkeeper lie shoidd not have 'acted on the advice of a police constable, although, as a rule, they u„ew a good deal about such matters as this. But no matter bow great a fool he had been in this matter, the evidnece showed that there was no guilt in his mind. If he had intended to commit a crime, and had committed in thi? open fashion, telephoning orders from Manaia to New Plymouth, then he ought to be locked up for the manner in which be had gone about it. But the openness of his action showed that he was not intentionally party to a crime. Mr. Welsh quoted the case of Cannon v. Tillstone, llWfl, 83 i L.T. Reports, p. 411. I His Worship reserved his decision. MAORI DEFENDANTS. Charlie Waitara, a Maori, pleaded guilty to having supplied liquor to natives at Parihaka. Sergeant Haddrell said that this man accepted the whole responsibility for the acts of others in distributing liquor to .Maoris, for they were acting on his instructiiiiis. He had admitted to the police that he had supervised the distribution of the liquor with a view of preventing drunkenness so prevalent at langis in the past. 11 was. said the sergeant, probably due to his efforts that the tangi was so well conducted.

The S.M. said that the Court had no discretionary power, as suggests!. I-acit man must stand trial personally for his crime. Taking into consideration ( M 0 fact that he bad tried to preserve order, but also that be was well acquainted with the fact that he was aware of the otl'ence, lie would be lined C2 and costs, in default seven days' imprisonment. llinga. who had acted under the direc|lioii- of the precious accused in distri--1 billing the drink, was lined 3us and costs. in default seven days' imprisonment. The Maoris refused to pay the lines, on "principle," and were lodged in gaol.