RESIDENT MAGISTRATE'S COURT.

Wanganui Chronicle, Volume XXII, Issue 4100, 23 April 1880, Page 2

RESIDENT MAGISTRATE'S COURT.

■ -«- _ I'HtJIiSDAY, 22ND APBIt. (Before E. Hardca3tle, Esq., 8.M.) criminal. Breaches op Borough Bite-Laws. — The following fines and expanses were imposed on the undermentioned persons for breaches of the Borough Bye-Laws : — Hu^h Morrow, two horses nfc large, 5s and 9s costs ; .Nicholas Brown, one horse, os and 7s costs ; John Lcroy, one horse, 5s and 7s costs; John Kinnhan, firecows, 5s for each cow and 7s costs ;.W. H. Ciiitliam, one horse, 5s and 7s costs; G. E. Anson, one horse, 5s and 7s costs ; E. llodren, one horse, 5s and 7s costs,; W. Aldi-idge, one horse, 5s and 7s costs"; Gr E. Sauuders.one horse,' ss and 7 a costs ; Simpson, one horse, 5s and 7s costs ; T. L Tudor, one horse, Si and 7s costs, and expenses of one witness 2j 6 I ; Hugh Hampton, driving cart on footpath, 5s and 7s coats, and one witness's expenses 5s ; H. Abbott, one horse, 5s and 7s costs, and one witness's expenses 2s 6d. beeach of arms aci 1 . William McDonnell was brought up on remand, charged with selling gunpowder to a .Native, without a license, on the 13th instant, at Putiki. The Inspector of Police conducted the prosecution, und the accused was defended by Mr Duncan. Mr G. C. ltees was sworn as interpreter. Hone Piako, being sworn, deposed that he had recently had transactions with defendant, who sold him some powder ; it was powder for shooting birds, and the transaction took place on Wednesd-iy, the 13th April instant. The purchase was made at Putiki. Paid the defendant the price he asked for the powder — that was 15s. The quantity was, one flask full nnd one flask half-full. He also bought from defendant a box of caps, and that was all. Witness brought the powder to Mr Woon, the Magistrate's office, and afterwards went to Sergeant Bissott, and they returned together to Mr Woon, witness putting the ponder and caps on Mr Woon's table. The Serg-aut took them away. The purchasing transaction at 1 utiki began by defendant coining to his whare in the morning with some powder — it was early morning, 3 o'clock perhaps, when the accused came and woke him up, wanting some money for powder be had with him, to enable him to go to Wangaehu. Wit- J ness answered that he had no money, and that his children were in want of food. , Accused said, "Let me have a small amount for my powder." Witness woke up To Han, another .Native, and said to him, " This is William ; he has got aomc powdi'r." Witness then said to William, "Let you and I go over to Mr Woon, that I may be clear about giving you money for your powder." William then said, "I nm on my way to Wangaehu now; Woon has nothing to do with it— the powder is mine." Witness then said, "Do you desire that I should pay you P " He answered, "If you have money, give it to mo." Witness said, ' Won t we two get into trouble ? " Accused answered, " No." Witness then woke up his wife, Uria (Julia), and she and Turama, To Hau's wife, g.it up. Witness then asked Julia to give him lhe shilling* slie had got. She gave him fifteen shillings, which ho gave to accused as payment for his powder. Turama took tlie powder and caps and put iliem away in a box, and William left the house. That was all. At 10 o'clock witness came over to Mr Woon's office. Hie conversation with accused was in Maori. By the Bench— When the accused came at d o clock in the morning, there was only witness and his wile and llirce rlnldren, and Te llu-a „nd his wife in the house. The eldest of the children was only Diglit years of age. Tiio children

were not .1 wakened at all. The four grown up persons knew all about tile sale, and saw witness give accused the money, mere was no other house near witness's. Witness did not know where accused came from, or where he went after the transaction. Cross-examined by Mr Duncan— To the best of his knowledge the transaction took place on the 13th April. Th.j reason he faxed the (late as the I3lli was that two days before he was over at Mr Kiehard Woon's office, and saw a ticket giving the day's date as the 11th. Had been staying at Putiki since the end of March. Before that lie had been camping on tiie beach, WaiiHanui, with his party. Came down the river to town the day before tlie regatta. Te Hau and Turama came with him. Kemetobered accused coming, to hiai on the beach on the day of the regatta and asking him to go with him to search for gold at Tuhua. Had another conversation with accused about gold at 12 o'clock oh the night before he came with the powder. It was a hot discussion. [At this stage Mr Duncan applied that accused might be permitted to sit at counsels' table, as it was inconvenient for him (Mr D ) to confer with accused while in tlie box where he was. His Worship said that the charge was one of felony, and that, strictly speaking, accused should be in the dock. Mr Duncan said that the Bench had allowed the application in certain cases. His Worship replied that 1 he had never clone so in cases of felony.] Cross-examination continued — Some time previously there had been a meeting of Hauhau chiefs at Mete Kingi's housp, when .a conversation took place on tlie land question. There was a discussion between witness, Wi Tara, and a Hauhau chief about accused having brought Wi Tara to witness's house at midnight to talk about gold. It was not an angry discussion, though rather hot sometimes. Some conversation about McDonnell took place inside the wharepuni at the same meeting. Witness never threatened to make it hob for McDonnell. When accused came from Wnngaelm witne.-s told him he had seen Woon, and there was trouble for both of them about the powder. Spoke to accused, but not in anger, about bringing a man to listen at his door. Accused replied that it was not him who brought Wi Tara. Did not say to him, " Go away, I will seek some other mode of revenue." The powde.r flasks were red ones. Did not open the box of caps. ■Witness got some 750 rounds of ammunition and three guns from Governor Grey and Mr Slteehan in 1879. None had been allowed him since since the lGth Dec, 1879. Previously gofc small quantities through Mr Woon. By the Bench—The powder flasks and caps produced were those received from the accused. Te Hau deposed that he had been living lately at Putiki. Heard a conversation about powder between Piako and tlie accused in Takerie's whare at Putiki. He and Piako and their wives lived in the whare. Piako woke witness early in the morning, and he saw William McDonuell and Piako together in the whare, and he saw some powder there. Accused said, " (Jive me some money for this powder." Piako replied, " Let us two go over and see Mr Woon ; 1 am afraid we two will get into trouble." Accused s<nd, " We shall not get into trouble, for the powder is mine." After that Piako gave him lo.i, and accused went away. Only Piako, witness, aud the accu?ed heard the conversation; afterwards the women woke up. Hy the Bench — Knew it w.is 15s that passed, because he saw Piako count the money out ; Piako took the money out of his own pocket. Piako woke up his wife and she took the money out of" his clothes pocket, and gave to him. It was at the end of the talking that Piako's wife was wakened to got the money. Cross-examined by Air Duncan — His wife had no other powder in her box savo that received from accused. Una deposed that she was the wife of Piako. Remembered accused being at their house at Putiki ono morniug at daybreak. Piako woke her up, and Turama heard it and got up also. Piako asked witness where, was the 15s she had Hot. Witness gol the money from under her pillow, and gave it to her husband, and he gave it to accused. Accused brought the powder and took the money. By Mr Duncan — Was never out of th, house from sunset until Piako woke her up in the morning. She took the money out of a purse underneath her pillow. Had no powdersave thatgot from McDonnell. Lived on the beach before going to Putiki. Did not remember accused coming with a message from Nikorima. Turama, wife of Te Hau, deposed that she resided with her husband at Putiki, in a house also occupied by Piako and Una. Saw accused at their house one day near daybre.uk. He had been there the previous evening also. When Piako woke up Urhi in the morning witness woke also. Besides themselves accused was tho only person she saw. Saw some powder there. Saw Piako pay 15s to accused. Afterwards put the powder and caps into the box. There was no other powder in Hie box. By Mr Duncan— Was never out of the house from sunset until morning. Bhe had not been talking this matter over with Piako before coming into Court. .Lived on the beach before going to Putiki. Did not remember net-used coming to her and giving her something when she and Una were in the tent together. Ho never came to them there at all. When living on the beach had no powder at all in her possession. By the Bench— Accused c-imo (o their whare at Putiki near midnight, before the early morning visit Ho camp, but said nothing, aud went away again. There was no hot discussion at that time between the accused and Piako. Adam Bissett, sergeant of police, p-o---duced two iLislu of gunpowder and a box of caps, p.iiieh lie had received from Piako on the lGth instant, and which had been in his custody ever since. This closed the case for the prosecution. Air Duncan said he would not now offer any evidence for the defence. The evidence was then read over to the accused, who said that, be would reserve liis defence. He was then committed to take his trial at the ensuing sittings of the Supremo Court, bail beiug allowed, himself in £20U, and two sureties in £100 each.

Choice Sweetmeats— Meeting your first best girl in the lave all alone when the clock strikes nine.