RESIDENT MAGISTRATE COURT.

Hawke's Bay Herald, Volume 13, Issue 1098, 5 November 1869, Page 2

RESIDENT MAGISTRATE COURT.

0 WEDNESDAY, MOYMBiBHE^> :^ (Before John Curling, Esq., BJff M Samuel Locke . -r* v jjf.'v |"-' .-"«4--t(i^-'^' '""■'''- BREACH OF LICBNSINa okfiINANCE^ V ""* Samuel Jew was charged, on the informs* tion of Mr. ThomaiSScully, ; InspißQtoJVdif Police,- with having, at Pohui, on< the Stfth October, unlawfully Aold ]pT^e f b6ptM' of rum, being les& than** 'two gallon^, fto' one Joseph Johnston, ; without being licensed, contrary to the provisions of tfetf Licensing Ordinance, sesa. 2, No 12. - The Inspector of JPoliee-tconducfed thS case for the prosecution. ? M^tGijff appeared on behalf of the defenfiwfe^The following evidence was taken :^=#y&£: , Thomas Scully,,. on oathj.de.ppieol:— • From information I received,' I proceeded, on tfie 26th October, id Pohuvwh'etfe l the defendant resides. ; I went through! Meanee, and hired a man to accompany me* 1 stopped at Glengarry that 1 mglrt, and next morning I went within%sight:of d \?oolshed near defendant's house. I jsjave" some money to the man who. accompanied me, and told Him to go to the house" and procure me three bottles of grog, spmfi sardines, and cabin biscuits, as I waited them for a man who was sick in the bush, andalso to ascertain the. price of thegrog. In about an hour he returned, and brought three bottles of grog, two; of^which ar6 before the" Court, and the &ird~orie was fco be uncorked at the house, which I hare not b/ought. When the inanKrotigttOthe grog, I took him to the next house," where he delivered the three bottles. I sealed the two bottles produced; gave some; of bhe grog out of the third one to the mail, and asked him what it was. Hetoldiine it was bad rum. I smelt-it, and found it to be rum. Joseph Johnston, on oath, deposed:— l live at Puketapu, and' am ; a laborer. On Sunday, the 26th of October, wKeli I was at work for Mr. Tiffen, Mr. Scuily called fco me and said he wanted to speak to me, and I went .to him. He asked me if 1 could leave my work, las lie wahted^ihe to accompany him to Pohui bush. I asked him what it was for./ He said, " I do not want you to do anything else but to aeoompany > me." . He; said that! a imaniin gaol who had kept an eating house in town, who owed my wife some money, had a horse up there, and I could go and bring it down, I. got ready my Horse, and, in about an hour went with hini to Glengarry; and next morning went as far as Butler s, and then on to Parsons'* ;where we \botb left our horses. We went about a mile to the spur of a hill. He showed. me a woolshed down below, andjtdld ipe? about 200 yards from that I shpul(i,fin^ ,a, little house. He gave me some silver, and( told me he had some business in the' Bush; that Tom M'Hughwas sick, and he would like to take him! some sardines and biscuits. He also told me to get three bottles of grog, as he would like to, give the bushmen some. He told me. tq-; get the moneys worth in* grog, and biscuits -and sardines. I went to the house, and saw a man sitting under the verandah. I asked him if that. was the accommodation house, and he said " Yes," and' that he was the master of it. I asked him if he had any sardines and biscuits, and he; said .^Plenty." I said, "I want some for a sick man." We went in, :and I sat, down; in a little room and asked him for some waler. He brought some. I asked him, if he could put some grog in it. " He said, " I do not sell grog, but I will give you a little out of my own bottle as you are so tired." He brought me a little rum in a glass, which I drank. I then went into the other room to get. the . sardines, and biscuits. I said, "I am sorry you can't oblige me, as I was sent to/get three bottles of grog as well for the sick man;" He then said, " I am sorry I have not got my license, as yet ; ,but as it is for M'Hugh, who is so sick, I will let you have itj" and he gave me three bottles of grog, and the biscuits and sardines, and I came away. I laid all the money on the counter — seven half-crowns, a two-shilling piece, and nine shillings ' (28s *6d) . He also gave me two boxes of matches and a pipe. The money that I paid him was for the grog, the biscuits and sardines. When I asked him how much the grog was, he said, "I do not know, as I have not got my license, but if I had I could not afford to sell. it for less th'^n; 6s."6d. per bottle." I then went back" to Pohui. I 3aw Mr. Scully seal two bottles, and the third he opened, and I had some. It was rum. The bpttle that was opened was like the two produced. Mr. Scullyhad some sealing wax, and sealed it with the seal which he took from his pocket. The defendant is the person who served me with the grog, aria said he was the master of the house.. He took the bottles from under the counter. He filled the bottles out of a little keg from under the counter. It was about a two-gallon keg. A boy was present at the time. I got three boxes of sardines. I think there was about 31bs. of biscuits. Whe,n I came back to Mr. Scully I might have said that the grog was 6s. 6d. per bottle, as I was a little groggy. 1 had three glasses of grog, and one I treated Mr. Jew with. These were included in the account. . On leaving Jew's, I put Jwo of the bpttles into my bosom underneath the blue shirt, and the other one into my trousers' pocket. I asked him if he had a kit. He said he could not find one. I did not put them in my shirt to hide them. Jew did not tell me to conceal them. Cross-examined by Mr. Cuff: — Mr. Jew would not give the grog until I had asked him frequently for it, and told him it was for a sick man. Murdoch McKay, on oath, deposed: — I have seen Johnson, the last witness, at Mr. Jew's house at Pohui. He bought three bottles of rum from Mr. Jew, three boxes of sardines and biscuits, and -a box of matches. I was lodging at Jew's. I had been there two days. Jbhnsonlsaid he wanted the grog for a sick bushman. He said he would give him the; grog. It was in a cask under the cbunteri' I think it was rum that he sold> . £sa# one man there the day before. The man did not have any grog. Tiiere were two; kegs of grog in the house. Cross-examined by Mr. Cuff: — Mr. Jew told me at Marshall's' that there was grog in the kegs, but I did not go with him when the grog went up, so that I could not say that tlio grog that was in the store was the same as Jew told me of at Marshall's. .:.....-• — Mr. Cuff, on behalf of defendant,, contended that there was' rib proof whatever of the grog having been paid for ; the money f tendered might just as well have been for the sardines or the biscuits. He also raised the point that the grog had been sold for medicinal purposes, which was legal tinder the Act). ' " _>'>'-■■■. The tiench held that the case was sustained, and fined the -defendant £50 and costs (£3(93.), giving him till yesterday at 3 o'clock i^o pay it ; in default of .payment to be levied by distress, and, in ; default of distress, defendant to be imprisoned for three months with hai!d ; labors' • _ Fine andkosts were paid yesterday.