A PECULIAR CASE.

Evening Star, Issue 6479, 21 December 1883, Page 1

A PECULIAR CASE.

A somewhat singular case is reported by the ‘ Hawera Star ’ as having been heard in the local police court. It appears that C. R, Bay ley was charged that on the 25 ch November, 1883, and divers other days before and since, at Taiporohenui, he did lodge in company with an aboriginal native of New Zealand, to wit, Ngahau Poroki, the said C. Bayley not being an aboriginal native or tho child of an aboriginal native of New Zealand. Mr Hutchison for prosecution ; Mr Samuel for defendant, contended that the information disclosed no offence. The information was laid under sub-section of the second section of the Vagrant Act, which declares to be a vagrant “Any person not being aa aboriginal native, or the child of an aboriginal native, who being found lodging or wandering in company with any of tha aboriginal natives of New Zealand, and being thereto required by any justice, does not give a good account, to the satisfaction of such justice," that he has a lawful fixed place of residence, and lawful means of support, and that such lodging or wandering has been for some lawful occasion only.'* The facts proved, and indeed practically admitted by defendant, are that he, a European, having no interest in tho land, is living in a v/hare at Taiporohenui, on a native reserve, with a native woman named Victoria. There have been quarrels between defendant and Victoria cn the one side, and Patohe, the chief, and other natives on the other side. Defendant has been ordered off the land, but will not go. On these facts, which were sworn to by Patohe and some natives, Mr Hutchison asked for a, conviction. Mr Samuel said he admitted that the defendant was living with a native woman, but if that was to be vagrancy many of the greatest men in the colony would have been committed as vagrants. He did not defend Baylcy’s morality, but it was not for any court to examine the moral character of any person—unless he acted contrary to the laws of the realm. This section was passed for the special purpose of preventing persons living with the natives and wandering about to spread dissatisfaction. He could not conceive of any person expecting to get a conviction under the statute as sought by the complainants counsel. Mr G. V. Bate was called to prove that defendant is clerk in his employ at a regular salary sufficient for his maintenance, and Mr Edward Humphries, merchant, residing at New Plymouth, proved that he had paid defendant L 75 for grass seed in February last. The Bench dismissed the case. Mr Hutchison asked the Court to state a case for appeal, and the Court promised to consider wie matter.

The total cost of tramways in New South Wales, including rolling stock, has been 1/458,145. Miss Bella Guerin, a Ballarat girl, is the first lady Bachelor of Arts at the Melbourne University. It is proposed to prohibit the use of barbed wire on streets and roads in populous localities near Christchurch. William Argent Archer, a clerk in the Government Insurance Department, has been dismissed from the service of the Colony. A wholesale case of horse stealing occurred at Narrabri, New South Wales, when fifteen of Ashton’s circus horses were stolen. An Australian paper speaks of a policeman who retired from the “force,” after seven years’ service, with L 5,000 to his credit. A Syney girl, who got married last week, received as a wedding present a bar of soap, a packet of blue, and a washing-board. Useful, if not ornamental.

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