MAGISTRATE’S COURT.

Hawera Star, Volume XLVIII, 28 August 1924, Page 9

MAGISTRATE’S COURT.

WEEKLY SUITING

The weekly sitting of the Hawera Magistrate’s Court was held to-day, Air. J. S. Barton, S.AI., presiding.

DEFENCE CASES

AA allace Robinson was charged with failing to i - egister for military service under the Defence Act

The case was described by Sergeant Al a honey as a bad one, defendant having dodged seven years’ drill. Defendant was a- prominent footballer, and in view of an agreement between the. Defence authorities and the Rugby Union that the latter would debar military defaulters, he understood that the Rugby Union was going to take action.

A line of £‘s and 7s court costs was imposed. \\ illiam Garrett was fined 10s and court costs i s for also failing to register. BREACH OF LICENSE. Loreta Alay Parsonson, a person holding a second-hand dealer's license, was charged with receiving goods after G p.m. ~

Sergeant Henry said that a native from the Ohangai pa had stolen ai watch and had disposed of it at defendant’s shop at 7.30 p.m. Defendant, who pleaded guilty and said she was ignorant of the law, was final 5s and 7s court costs. BY-LAW CASES.

A fine of £1 and 7s court costs was imposed on T. Jarvie, who pleaded guilty to driving a car over a street intersection at a speed greater than six -miles per hour. The police estimated defendant’s speed at twenty miles per hour. Charles Stone (Air. Bayley) was lined £1 and 7s court costs for driving a car without a rear light. James Kilsou was fined £1 and 7s court costs for driving a car without lights. T A XT-DRIVER CHARG ED.

John AlcLeod, a taxi-driver of Hawera, was charged on two counts, one with supplying liquor to a native within a proclaimed area, and the other with the theft of £4 5s 6d, the property of a native named Eruera To Aka.

Sergeant Henry prosecuted, and Air. O’D'ea, who appeared for defendant, entered a plea of not guilty on both charges. The complainant, Eruera Te Aka, said in evidence that he was a Alaori living at the Ohangai pa. He remembered the day of the Maori pay-out— August 2 last. Defendant drove him into Hawera on. that day, witness having rung him up and asked him to bring him in. Defendant had driven him in liis car before. After being in Hjawera- for some time witness decided to return to the pa, and consequently he with other natives got into AlcLeod’s car at the taxi stand. They called at the Railway Hotel, and witness gave his boy a £5 note to give to AlcLeod, who was to purchase a bottle of gin. He saw the boy hand the money to McLeod, and witness remained outside in the car while AlcLeod went inside. AVlien AlcLeod came out of the hotel he got in the car and they drove off home to the Ohangai pa. On reaching the pa witness asked his daughter to get the bottle and the’ change, and McLeod, who told her the money was inside the wrapper round the bottle, then drove away. In reply .to further questions from the sergeant, witness said he had had some liquor, but he was perfectly sober Witness said that later, on the following Saturday, he returned to Hawera, when he saw AlcLeod and asked him ■ to come over to some stables. At the stables he demanded the change from AlcLeod, who told him that he had already handed over the change, which was inside the wrapper around the bottle delivered to the Alaori girl. Later AlcLeod said lie gave the change to witness (Aka). Witness denied this and AlcLeod then turned and left. Witness then interviewed the police. In reply to Sergeant Henry, witness said that the bottle was a square one and contained schnapps. Asked why lie did not come in and see McLeod about the change before, witness said he had not been well, and the weather during the week following the native pay-out had been very bad.

In reply to Mr O’Dea, Aka said AlcLeod was forgetting if he said he (Aka) had not been in his car before. Witness was not drunk, and had not been asleep in the car. He had not had more than two or three drinks. Before they left Hawera McLeod only came into the hotel once to get him, and witness came out with him straight away. No one touched the bottle on the way out to Ohangai. At the time of the interview in the stables AlcLeod had suggested that they should, get the police, but when he (Aka) had agreed AlcLeod went awav.

Rangi Aka, son of the previous witness, said in evidence that lie was in the car on the return trio to Ohangai. They stopped at the‘Railway Hotel, and his father handed him a £5 note to give to AlcLeod to purchase a bottle of gin. AlcLeod, went inside, and returned with a bottle of schnapps, which he placed in the car. \\ lien they got to Ohangai AlcLeod did not give them the change. A week later in Hawera, when AlcLeod was asked for the change, he said that Aka was drunk when he handed it to him inside the wrapper at Ohangai. On the 2nd when they all returned to the pa AlcivOod did not say anything about the change. Corroborative evidence was also given by complainant's daughter. Constable JOeining gave evidence in connection with a statement made by AlcLeod to 'the police, the statement being along the lines of his evidence given in court. Sergeant Henry, in evidence, said that he saw Aka just before lie left for Ohangai on the 2nd, and Aka was then sober. The defendant, John AlcLeod, said that when they left town on the 2nd Aka was a little muddled. At the Railway Hotel Aka shouted him a drink and asked him to buy him gin. A\ it-ness said to Aka: ‘‘That is no good to me.” Aka then flourished a roll of notes, and asked him to buy him whisky, gin or anything. Witness said: “All right, I will fix yon up,” and he took the £5 note. He did not buy the drink, but got his passengers aboard the oar and drove to Ohangai. ben they arrived at Ohangai Aka was asleep, and on being awakened had io be assisted into the pa. AY it ness still hail the £5 in his pocket, and intended to give it to the old Alaori when he met Aka in a sober condition. Later in Hawera two Maoris came up to hirn and asked him for their monev, hut he told them lie dir! not think they were the men he wanted. Ho suggested that the police should be seen in order to clear no the matter, but when he came hack after washing his hands the natives had gone. lie handed the £5 to the police, Mr O’Dea siinmitted that the case, being one that affected a man’s livelihood, had to be proved up to the hii^.

McLeod was a man of good character, and had been 12 years on the taxi stand. His Worship said that on the evidence of the natives there was clearly a case that would convict McLeod, but no jury would convict on the whole set of facts, for the reason that they would have to give defendant the benefit-of the doubt. He thought that the circumstances were suspicious, but he would give defendant the benefit of the doubt and dismiss the charges laid against him.

The £5 note was returned to the complainant Aka.