PIRIPAI TRAGEDY

Bay of Plenty Beacon, Volume 1, Issue 60, 8 September 1939, Page 5

PIRIPAI TRAGEDY

ECHO IN CCHJRT CASE eTAOO .. ' i " , Sdj^YTNG-LIQUOR I lo - ■ T -lil\i ' 1 I Charges connected Avith the drink--5 ing party at Piripai which ended in 7 a drowning tragedy were heard in • the Whakatane Magistrate's Court on I Wednesday before Mr J. H. Luxford, S.M., when charges were laid against two Europeans and a Maori. Andrew Brown was charged that on July 22 he supplied liquor for consumption to a native in a proclaimed area, James Forbes (Mr vSmitli) faced a similar charge and Ed war-J McDonncll Stewart (Mr Smith) was (charged with a breach of h(s pro. hibition order. All pleaded guilty ' Stewart, Avho did not appear, through his counsel. Constable T. J. Cummings said that Brown, Forbes and a man named Hobson decided to have a party. Hobson was a visitor from Waihi who was spending the Aveek-end with Forbes. They got two five gallon kegs of beer and held the party at Stewart's place. Native women and men and Europeans were present. The man from Waihi left the party later on and tried to make his way back to Forbes' hut,: but he did not return and some days later was found drowned in a dredge cut outside Stew art's. Forbes was also "fairly full" and he did the same thing as his friend, by falling into the drain, but he was able to scramble out. OTHER PARTIES. Constable Cummings said that j Stewart, who was a half-casle na- ■ tive, had held a number of parties 1 at his home. The police would have : known nothing about* it but for the ] inquiries into the tragedy. < Brown had recently been fined for ] supplying liquor to natives. He could ] say nothing in mitigation *of Brown's 1 offence as he was always carting liq. 1 "or about and having parties with A natives. He had a wife and two chil- ' dren in England and on two occasions * she had written to the police saying * she was almost destitute. Brown 1 promised to send her money, but he did nothing; ..... a: *

Forbes, said Constable Cummings, was a very decent and hard-working man. Probably he did not know 1- ho was doing wrong. He had been very straightforward with the police wherii they were making inquiries into the death of his friend. It was some time since Stewart had last been in but he drank a lot. FORBES A STRANGER. Mr Smith said Forbes was a. comparative stranger to the district. Forbes did not know where the party was to be held and Stewart was a complete stranger to him. Probably Forbes' judgment was impaired by liquor and he did not re. alise that he should have withdrawn from the party when he saw natives drinking. ■Forbes was considerably distressed owing to the death of his friend. He gave the police every assistance. Stewart, said Mr Smithy was often in town but never entered a hotel. On this occasion the liquor was brought to his house.. and as host he probably felt he had to partake of refreshment with his guests. He had not been before the court for' ten years. Brown said that on the night of the party they all put in £1 each and took the beer to the flaxmill where the party was to be held. It was then proposed to VisiC'Stewart who, said Brown, is „as light-eomplexioned

as a European. "That is all -I have to say," said Brown after speaking for about five minutes. "I am not a very good talker. . ■! "You haven't done badly'* said Mr Luxford. MR LUXFORD'S VIEW. Mr Luxford added that the facts showed that there had been a keg party which led to tragic consequences. That might be a serious breach of the moral law t but the question before the court concerned the supply of liquor only. The evidence seemed to indicate that though a Maori, wa c not obviously one. Apparently the supplying of liquor to him was moiv ly incidental. He wa s not going tr> inflict a heavy penalty because ther had been a tragedy, won' 1 be : fined? the nominal sum Of £1 an/ 1 costs. , Br6wii had ijeen bfcforfc ttie cotr previously. He was .convicted firted £3 and 16s costs. Stewart was convicted and ■ and costs. (Continued at foot of nevs

\ our Lordship. It was- nothing to do with Stewart. It was not. Ms fault we pushed into his house" said Brown. - , "The matter is now said 'he Magistrate. "Pay h s fine if you that way about it.'*