THE ONEHUNGA WHARF CASE.

Auckland Star, Volume VI, Issue 1624, 29 April 1875, Page 3

THE ONEHUNGA WHARF CASE.

We were compelled by pressure on our space yesterday, to exclude the evidence in the charge of assault, preferred by Mr. Galbraith —lessee of the Onehunga wharf— against Mr Selfe. We give below the leading points : —William Galbraith deposed : I am the wharfinger and lessee of Onehunga wharf. On Thursday, the 22nd April, I was on the wharf on the arrival of the Taranaki. About midday, I was in conversation with two men from whom I was claiming wharfage. Mr Selfe said I had no right to charge. I said, " Mr Selfe, you have no right to interfere." He said, '' You have robbed many a man out of a shilling." J said I did not rob you out of anything ; I passed many of your goods free under a cloak." He said, "You're a d d old liar." He called me a robber frequently. I cannot say what his meaning was, as 1 was standing with my back to him. Addressing the men, he said, "You must be two poor men if you cannot take the box from an old man like that."— Cross-examined by Mr Hesketh : He used the words previous to my telling him that I had passed the goods free. I did not say to Selfe "You have done me out of the wharfage on two boxes." Mr. Barnes interceded for the free passage of a second lot of goods, but I refused. Upon enquiry I foued the goods did not belong to him, but a cousin, and I was paid. After a good deal had been said, I said " I am a much older man than you, but would not use such language as you have used to me. I know nothing of your means, but I know you are out of employment, and I don't like to be dealing with shadows, but if I find you are a man of substance I will call you to account." I did not say he was relying upon the people of Onehunga. I did say that Mr. Mclntyre spoke very highly of him, and wished him to remain in Auckland. Mr Hesketh then asked why he did not issue the summons earlier, and prevented him from going to Sydney. Mr Galbraith replied : " When I saw Mi Selfe taking leave of Mr Barnes I ordered Constable Green to isaue the summons. I would have been satisfied with an apology. I have always

heard a good report of Mr Selfe from everybody I have spoken to. I don't know that 1 ever spoke to him before unless it was about his cousin's luggage." George Vanse, J. A. Parnes, Richard Blackburn, Thomas Brierley, and John Brierley, also gave evidence for plamtift. Henry Patson, called for defence, deposed: I had iust arrived by the Taranaki on Thursday last. When the toll was demanded I asked advice. Mr Selfe, who was there, said he did not think it was a correct charge. Mr Galbraith said he should say nothing, as he (Selfe) had cheated him out of the wharfage of two boxes—not himseli, but had done it under the cloak of _Mr Barnes, and then went and " shouted it at the hotel. Mr Selfe said he was a liar I don't recollect Mr Selfe saying anything more. I never heard him say Galbraith was a robber. The captain said he thought I ought not to pay. James Wilding and James Robinson gave corroborative evidence of the previous wife-

ness. His Worship said the case had not been proved, and must be dismissed with costs— £5 ss. Mr SelfV's expenses were allowed, but he refused to take them. The ca>» of I':itaon v. Galbraith: claim 1s 2rl paid on a box landed on Onehunga wharf, was nonsuited on a point raised by Mr Rees for the defence, namely, that no action could lie against an official without previous notice of one month.