RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Issue 97, 25 September 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, SurrEMßiiit 2<tm, 1878. (Boforo Edward Shaw, Esq., JIM.) i nnEACH 01? LICBNSINa ACT. Jnno Cochrano was charged upon the information of Sorgoant Ncvillo with lmv« ing committed a broach of tho Licensing Act, by soiling fipiritsous liquors in a loss quantity than by tho law prescribed, sho not being tho holdor of <i publican's j license Tho dato of tho offonoo was tho 14th April last. Sorgoant Novillo oonductod tho caso for tho prosecution, and Mr Boid for tho do* ! fenco. Sorgeant Novillo formally oponod tho caso, nnd called tho following ovidonco :— Constablo Bannott doposod that ho sorvod iho summons ia this caso on tho defendant Miss Ooohrnnc, whon sho told him that sho (dofondant) hold a wholosalo Hecnflo. Robert Oxloy — I nm a storckoopor carrying on businoss at Boofton and Black's Point, I havo boon subpeonaod to produoo certain books and dooumon's in my poanossion, but I am unablo to pro • duco them. 1 asked Miss Coohrano for tlio books and sho said that they wigli criminate hor, and sho doolinod to givo thorn to mo. Sho is my servant, and tho books belong to mo. I could not got pessossion of tho books except by force, as sho has locked thorn up. Mr Hoid horo interposed that tho witx noss would not bo justifiod in using foroo to get possession of tho books. Tho Bench held that tho books woro always in tho logal possession of the master. Tho Bonoh agrood to make a noto of Mr Roid's 'objection, nnmoly, that tho witness not being in tho actual possession of tbo books, and not being tho custodian of thorn, could not bo compelled to produoo thorn. By tho Bench—l do not know whoro tho books) arc. I saw tho books last on tho morning that I sent thorn from Roofton ; I wns nt Black's Point yesterday, but can't, Hay that I did not soo tlio books ; Inm not in tho habit of boing disobeyed by my sorvantojl swoar lhafc I oould not have got possession of mv own books from my own store excopt by using force. Hia Worship said if anything lurnod upon Iho production of tho booko, thoy would havo to bo produood, and in tho meantimo secondary ovidenco of tho contonts of tho books would bo talton. Scrgoant Novillo said that during tho progress of tho caso of Smith v. Wiln lianas I saw a pass-book purporting to bo between Oxloy nnd Sibrny nnd party, I raado a nolo of the on try and found the following. ' April ldth, ono bottlo of brandy dv' This closed tho caso for tho prosocu. tion. Mr Roid submitted that thoro wns no caso whatovor for defendant to nnswor, Nothing had boon shown to oonneot dofon* danfc with tho pass-book.' His Worship concurred that tho ovi* cnoo was insufficient to support tho inforx motion and disohnrgod it. There was a further information against the so mo dofendant for a liko offonoo on tho 7,th Juno. The cvidonco \yns a repetition of that givon in tho precooding oase, " $crgoanfc Novillo, crosSHOxarainod by, Mr Jf.oid,— -I saw tho pnsa-uooic in Mr Moss' offlco, and it was thoro I mado the extract from it, Ownot say that Mr Mosg

was awaro that I wns going to mako nn extract from tho book. Tho entries were in a woman's handwriting, By tho Bonoh—l laid this information booauso Miss Cochrano sworo on a previous caao that sho had sold grog, though without tho authority of Mr Oxlcy. Tliis*olosod the oaso. Mr Kotd offorcd tho same objootion in this case. His Worship in giving judgmont Raid ho would upon tho ovidonoo assumo that thcro had boon a salo. It was within tho Knov»lodgo of tho Court that defendant had in a provious oaso admittod the salo, Mr Oxley swoaring that defendant acted against Ins (Qxloy's) instructions. Tho information in ttyat^ caso failing, the polico had vory proporly dono what it waa thoir duty to do, by laying a sooond ohargo against tho dbfondant. Had tho police not dono this they would havo boon guilty of a gross neglect of duty. Tho Court hnd no moral doubt that tho offence had boon committed as charged, that tho monoy hnd been rocoivod for it and duly paid toOxley's orodit. Howovor, taken in tho lo«nl asoocfc tho ohnrgo had not boon sustained. Mr Oxlcy had not assisted to havo jnsfcieo administered in tho case, and tho daso must thoroforo bionk down. It was indispcnsiblo in such cases that lhe»'* should bo direct ovidonoo connecting, tho acousod with tho ofleiico charged, «nd this link was wanting in the prosonfc case. Ho folt bound lo sny that thcro had boon a mi 3« onrringo of justioo, but for this tho police wore in no way to blamo, as it was duo ontirely (o tho ingenuity of tho dofoncc. Ho would caution Iho dofondant to never do it again. Tho Court thon adjournod.