R. M. COURT, ALEXANDRA. Friday.—(Before Mr H. W. Northcroft, R.M.)

Waikato Times, Volume XXVI, Issue 2160, 13 May 1886, Page 3

R. M. COURT, ALEXANDRA. Friday.— (Before Mr H. W. Northcroft, R.M.)

THE HUGHES CASE. W. Hughes v. J. Hughes.— Claim £44 16s for wrongful detention of sheep, including JJIO damages. Mr O'Neill appeared for defendant. No appearance of plaintiff. This case, for the third time brought before the court, was struck out, there being no appearance of plaintiff when the case was called on, with costs for the defendant £11 15s.

SUNDAY TRADING.

Jesse Sage, landlord of tho Shamrock Hotel was, on the information of Constable Jones, charged with having disposed of one bottle of schnapps on the evening of Sunday, May 2nd, contraiy to the provisions of the Licensing Act. Mr Hay, for the defendant, would admit the fact of the sale, but hoped not only to show that tlieie were great extenuating circumstances and that there was an error in the information which would be fatal. Joseph Malmburg, sworn, deposed : — I am a carpenter residing at Alexandra. About six in the evening of Sunday last I went with Mr zYsmuss to Sage's Hotel. I bought a bottle of schnapps, for which I paid Mr Sige mk shillings. Mr Aamusa witnessed the ppyrnent. 1 made no representation that I was a traveller. Gross-examined by Mr Hay : I never said what I was going to do with the bottle. I never said I wanted to take it home as my wife was ill, and that I wanted it for medicinal purposes. There is unpleasantness between me and Sage. My general drink is beer. I bought this bottle of schnapps to drink. I cannot say that I have said I bought it to get revenge. I did not tell Mr Asmuss so. I cannot recollect having done so. A<srmu>B spoke to me about it. I did say it was too late to settle it. I did not say I would take £25 to settle it. I said if Sage paid me what he owed me I would settle it if I could. —By the Court : I took the bottle to Constable Jones within half-an-hour after purchasing it. -. l^atthias Asnmss, sworn, deposed : I rejidii in Alexandra. I remember being in Sitgd?s Hotel with the last witness, Mahnburg r on Sunday last. I "aw him receive a bottle. I ciuld not say what it was, as it was getting daik. Mr Sage asked me the usual pries of a bottle of schnapps. Mr Hay : We admit the sale. Cross-examined by Mr Hay, the witness continued : On hearing that an information had been laid I spoke to Malinburg, and anked him why he should serve me in such a manner after me giving him employment. He replied he did it for spite against Sage, but; would take £23 to settle it. By the Court : I heard him say ho wanted the bottle to take homo. I knew his wife was ill. She is ill now. I thought he wanted it for his wife for medicinal purposes. Constable Jones produced and opened the bottle, and after smelling, iv answer to Mr Hay, said he would swear it was an intoxicating liquor. Mr Hay (taking a sniff) : I think you are right. Mr Hay, for the defence, took objection to the information, which he contended was not sufficiently explicit, as having been s»ld between the hours of 10 o clock on Saturday nigh^and Monday morning. The information should have the hour of sale supplied. H© lolied upon a decision by Justice DenjjQim in a similar case, Newman agafnst< Hard wick in Law Reports. Altogether apart from that decision, he felt assured that the court would not approve of a person making a handle of the criminal hiw for the gratification of private malice. The information bad not been made in the interest of the public good, but for private spite. He would not deny that Me Sage supplied the liquor, but he would sjiy it was given under the full impression that it was for Malmburg's wife. It was required for medicinal purposes, as it \%A»known to all about that Mrs Malm-burg^-was ill. He therefoie hoped that if the'eourt felt bound to enter a conviction, the fine under the circumstances would be a'nominal one. After hearing the evidence of defendant, the court reserved judgment until next court day. The court thought that it should not be made a tool for petty revenge. It would consider the point raised by the learned counsel. MAORI ASSAULT CASE. Tangiora Tekotai v. Tarahina, information for an assault. Mr James Thompson was sworn as interpreter. After hcaiing tho evidence, which went to show that defendant struck plaintiff (a woman) in Oliver's store, knocking her down, the bench indicted a fine of 20s, with co«ts, 235, in default two weeks imprisonment. The money was paid.

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