INTERESTING LICENSING CASE.

Taranaki Daily News, Volume L, Issue 60, 26 September 1907, Page 2

INTERESTING LICENSING CASE.

WHISKY AND PROPRIETARY. | LAPELS. | IS A HALF-CASTE A MAORI J In the S.M. Court yesterday John Bertie, licensee of the Bridge Hotel, W'aitara, was charged, with having on the 17th September supplied whisky to a half-caste Maori for consumption elf

till! premises; and that, being the licensee of the Bridge Hotel, he (lid knowingly *e" liquor, to wit, whisky, in bottles with labels affixed thereon purporting to contain brands known as Usher's and Walker's bottle whisky without destroying such labels. Servant Haddrell conducted the prosecution, and Mr Quilliajm appeared for tue

defence. . The first witness was Constable Price, of Waitara, who said he _ had seen the Maori, named Miro, putting two bottles of whisky into his coat He took possession of them. He produced four bottles of whisky. One oi these was a bottle, corked but not scWled, bearing a Walker's label; an other, corked similarly, and bearing L'sher's label; and scaled bottles of these two brands. The whisky in the two corked bottles was exactly similar in color. Walker's genuine was darker than these, and Usher's lighter. There was a; pronounced difference in color between Walker's and Usher's, but none between the two bottles corked and bearing those labels. He knew the man Eangi Watson. He lived sometimes by himself, and sometimes had other natives in his house. Jliro lived as a Maori at the kainga at Tikorangi - 1 The Maori, Miro, gave evidence through an interpreter that Constable Price took two bottles of whisky from him in the cart. The two bottles produced, and marked with his name, were the same. He got the whisky from the hotel on the inland side of the street of Waitara (the Bridge Hotel). He was a half-caste. No one was with hijm when he got the whisky. Sergeant lladdrell said that flic witness had made a iliil'erait statement to Hie police. lie had said tint Watson paid for the whisky on his behalf. Witness repealed that he tendered payment himself. He admitted having made the siatements signed on the police evidence. He bought the whisky on Tuesday, and made that statement on Wednesday. He had not said that Ilangi Watson bought the whisky. If that appeared on the depositions it was a mistake. A young lady supplied him with the whisky. (He recognised her in court). iSergemt lladdrell again proceeded to cross-examine witness, when Mr (Juilliam objected. He considered the sergeant was bound to accept the evidence of his own witness. I Sergeant Haddrell asked that he be alowed to treat Miro as a hostile witI ness.

Mr Quilliam objected. Ho said that he was prepared to produce the young lady to swear she served the whisky to the native, Sergeant Haddrell said that tTie Maori had, on the day after the offence, made a statement. That was before he had haj a chance to talk the matter over and to discover any reason for 'hiding the truth. The Magistrate declined to treat the witness as a hostile one. <Jross-examiued, in English, 'by Mr (juillbun, the defendant said he lived in a wouden cottage on laud owned oy Ids •'missus-" He ploughed the laud and cropped it, and sold the crop, putting the money in his pocket. He milked his own cows, and supplied the milk to the factory. He drew the factory cheques himself, and it was his own money. His brother lived close 0y v and grew vegetables for the market, fils brother had held a publican's license at Raglan. He had not seen Mr ■Bertie Ithe license) when he bought the wliisy. He. had often bought whisky before, .' , , .....,-_j i^ Re-examined: He whLky' perhaps three weeks ago from the previous licensee of the Bridge Hotel. His wile was an unoriginal native. The laud he lived on was land for which his wile's name w.is entered as one of the participants. '.mere were 300 acres, and teu natives lived on it. Do you go t„ jiauri tangisJ—Mr objected to the question. the S.M. neld that >Ur Quilliaui's cioss-examiiiauon opened up the wliole Held lor proof o£ the witness' habits. file examination continued, the witnes admitting, with a smile, that Wi Hingis tangi was "on" when ho bought tne whisky. b

Sergeant Haddrell asked if it t'ccustom to pmvide whisky at Ungis •""I " this whisky W ere intended for tms purpose. William objected to the uuesl ons, on account 01 their incriminating character. °

*"*' i Watson kno^lMS^ i-iUge Hotel yll 17tll B ember * o or wlllsk) , lUiru wm * . »«U tuo wmsKjr by too barmaid J, 01 !" Ultol ' Itemed interpreter, with Uiu Aiaoris as a iluori. ft was ;i«uo taw Eu look upon mm as a ""="t be n named tc , a half-caste. He did U" lHom ;1 ,p an , Mro did. •, ~ ci 1, n, ° b ° ttlus did not cu «am L 1 " S> T* «»,Walker's whisky, iir QuilUam, in opening the case for , c dulence > contended that the evince would sl, ol y tllat M . O (Bar , j ?"" . ll living as a European, lurimng, and doing business just as a uakclui. With regard to the second ollunce, scct i on m of m Tj ; cen • Act contemplated two offences, first, being m possession of bottles with labels attacued, and using them for the disposal or liquor without first destroying the labels; and, secondly, knowingly selling or purchasing liquor so bottled. J lie information was bad. Section 174 was intended to prevent labelled bottles being fraudently used. It was never intended to apply to an isolated case like this. This whisky had not been placed in tie bottles for the purpose of sale, but merely for the convenience of delivery. It was incumbent on the prosecution to prove that the defendant had "knowingly" sold this liquor. As a mutter of fact he had not sold the liquor at all, nor did lie know of its being sold by the assistant. He quoted authoriites at some length. Elias Cole, a Tikorangi farmer, said he had known Barlow (Miro) years, and looked upon him more as a European than as a Maori. He and his wife visited it Barlow's, and they returned the visits." The house was furnished in European style, with tables, chairs, i<uul so on. He Ifvecli on his wife's land. Barlow lad supplied milk to witness' factory, and afterwards to the Tikorangi factory. On one occasion be lent Barlow '£lso to )>iy cows with, and the latter kept the accounts in Ins own handwriting. Witness always regarded him as a Europe.™.

To S-rgeant TTaddrell; He considered TSarlow more as a. European than as a M'lori. He would not lend a Maori CI 50.

Re-examined: Wo other Maoris had interest in Barlow's tattle. Herbert Taylor, veterinary surgeon at Waitara. said he had often visited I'arlow's pUce and treated his horses and cattle. He was a very intelligent Inian, and carried out instructions In* variable He had always treated Mm us a European, had had tea in the liouse. and had been well treated. Tlie 'Magistrate reserved his judgment for the purpose of referring to authorities concerning tlie Europeanised halfeasfe.