RESIDENT MAGISTRATE'S COURT, OTAKI.

Manawatu Herald, Volume III, Issue 55, 11 March 1881, Page 2

RESIDENT MAGISTRATE'S COURT, OTAKI.

\V_-.bx_isn_Y, March 9, 18-31. (Before R. Ward, E _„ R.M , and Messrs Simcox auil Kebuull, J. P. 'a. ) rERJCKY. John Pledger was charged with perjury by Francis l.am.ov. but as the prosecutor was a prisoner in Wauganui Gaol, the case was struck out. Auother caso iv whioh tho same prosecutor summoned W. Greenough on a similar charge, was struck out ou the same grounds. BREACH OP THE LieENSINU ACT. Allan Carmont wa. charged with having, on or about the 24th December, 1830, not being duly licensed, sold to one William Smith, one nobbier of rum. Accused pleaded nofc guilty. Constable Mitchell opened the case, and called William Smith, of Otaki, settler, who, examined by the constable, sta'ed on oath. — I know the defendant ; I remember oa or ab-»ufc the 24;h December last ; about that date I went to Carmont's house in the eveniu^ in compan/ with Mr Mitch.ll, storekeeper, after returning from a walk ; I called to see Carmput as a fdend ; it was the first occasion oa which I had seen him since my return; I a.ked Mr Mitchell to go in with tno ; Carmont waa there ; we •veut into tho [.a? lor roam ; there was no one else there ; we sat talking for some time ; Cannon: asked if we were going to have a drink ; I di I not tell you before on the 27ch of I ist month that it was I who introduced th" s-i'-ji-ict of drinks; we had drinks, aud Cuuioiit had one with us ; there was a bottle on the table, and I said I was going to have another ; we were sitting talking for some time before the second drink ; I asked C irnionfc aud Mitchell to have a drink too ; I said to Cannout I was joiug to pay for the drinks, and handed nun Is 15 1 ; C u-inont replied " That he <I id not think he would take it"; I then said I would have some cigars which were lying on the table ; Mitchell also took a cigar ; I did not say to you at the station •'What will people say if I go into the Court and speak the truth ? They will think mean in former." Mr Spackmau came iv to the room after tho drinks were served. In answer to the Bench Mr .Smith stated that C irmont had the money when he took the cigars, and be took the cigars to make it "right." Charles Mitchell, storekeeper of Otaki, examined by Constable Mitchell, deposed is follows : — I know the defendant, and the previous witness ; I rein.tuh.r beiu^ out for a walk with Smith, about Ciiristmai time; we visited Carmont's house, and had 1 rinks there ; t > the best of my recollection Cirmont asked us to have a drink ; Mr Spackman was in the room at fche time ; I have not informed you that Mr Spackman jame in the room later ; after some conversation we had another driuk ; I believe in *M Bat Carmont's sus^ostiou ; I am confident Mr Spackman was there ; none of the drinks were paid for ; I did not sco auy money whatever pass ; if anything had been said about paying for drink 8 , I would have heard ifc ; I heard nothing about paying t>r drinks, I saw a part of a bundle of cigars lying on the table : I was asked by someone to have a cigar ; money might have passed without nw seeing it ; I understood the sec »ud drinks were supplied by Carmout ; it may b. p >>- aible that if Smith made auy observation I did not hear it. Tiiis wa3 the case for the prosecution. For the defence, Georgo Spackman said he remembered having a /{k-3 of rum at the accused's mvi!- -! tatiou on the day in question. j Cross-examined by Constable Mitchell — j I went into the house, alone, about S or 9 • p.m. ; I stayed iv the passage, and Carmout came out of the room and asked me to go in and spend an hour ; Mitchell and Smith were both there ; there was a bottle standing on the table ; Cirmont asked me to have a glass of rum ; each of the others had a glass of rum ; the driuks wero all supplied tog.tier; I saw no gla-sses ou the table when I went ia ; they were taken off the sideboard ; no money was passed for tho drinks ; I balieve Smith sul£ ested a second round of drinks ; I heard no conversation between Oarmonfc and Smith about payment ; whilst Mitchell and I sv*t;ro talkiug I saw some cigars handed round, and I saw money placed iv the table ; butI do not know the amount. Aft»r a brief consultation, the Bmicli sta'ed they considered tho intention of the payment and receiving of ths Is 6d was a blind to c >ver the sale of drinks. As a caution to the defendant, and a warnin.' not to trifle with impunity with the Aot, they would iuliic*. a tine of £5 aud costs. ASSACLT. F. R. Skipworth was charged by William Greenoutiu with having unlawfully ass inked him on the 25"h February. Defendant admitted the charge. Tlie aff tir occurred through Greenough patting Rumsey out of his hotel ; an alterciion ensued, and G'eenotigh tried fco put defendant out, also when he pushed plaintiff d >wu. Defendant was fined 10s and costs, 193 ; including lOi allowance to witness. In delivering judgment, the Bench informed defendant tha*daudlordsof hotels possessed certain privileges, and that Greenough was iuite right in ejecting him from the hotel. Tiie Banch also informed the defendant tnafc he was a man of mark amongst thn natives, and should set a better example to itiein. THREATENING LANGUAGE. William Greenough was then charged by the defendant iv the previous action with having used threatening language towards him by sayiug, "If you do any more damage I will shoot you." This arose out of the previous case. The plaintiff deposed that during tho row at, the hotel, plaintiff made use of the words comp-inedof. Frank Bennett, asu-vejor, and tho plaintiffs wife, gave evideuc. in support of the case. Dofendant explain*! that the word, wero us** I entirely as a joke. L'ne Bjuch fined defendant as aud costs, 93; allowance to witness. £1 Is. and advise 1 defendant not to joke with the Maoriagain, as sometimes j >ke_ bacami expensive. BREACH OF THE STAMP ACT. In regard to th* matter of the prosecution against 'C. Chevmoh, of Wellington, for a breach of the Stamp Act, Constable Mitchell stated that, aoting under instructions from head/piarters, he would ask for a remand fco the Wellington Courfc. The B.nch held that there was no information before the Court in the case. CIVIL CASES. A number of unimportant civil cases, were cither disposed o> or adjourned.