MAGISTRATE'S COURT.

Marlborough Express, Volume XLIII, Issue 144, 16 June 1909, Page 8

MAGISTRATE'S COURT.

(Before Mr T. Scott-Smith, S.M.) ; BREACH OF ORDER. Thomas McCnsker, a prohibited person, pleaded guilty,to procuring liquor qji the sth June during the currency i •of a prohibition order. The accused's excuse was that he had picked up a bottle^ of beer. He was perfectly sober. None of the ale T?as consumed. Constable Bird said the mail was partially under the influence of liquor. Fined 40s, in default six days' imprisonment. TRUANCY CASE. Frank Robinson was charged with failing to send his .child to school the number of time,? required by the .Act. Fined 2s. MAORIS IN COURT. Bunny Wilson was charged with, at Spring Creek on the sth June last, using obscene language in a public place. Accused pleaded not guilty. There was a similar case against Thomas Gray, at the same time and place. Not guilty was the plea. Charges were also laid against both accused for stone-throwing, at the same time and place, to the danger of j Henry Martin. The charges were all heard together. • • I

' The Sergeant-Major outlined the facts of the case. Stones were thrown at the punfc, whilst a trap was on it, and the horses might have,, proved fractious. Botii accused elected to be dealt vwith summarily. Henry Martin said he was crossing .the ferry at Spring Creek on the night in question with horse and trap. He saw some' Maoris at the punt about half-past eight in the evening. The horses were troublesome going on to the punt, and when they got on to the punt someone threw stones from the shore, which made the horses more restive. He could not see who threw the stones, or who used the bad language. He was too far away. It was a moonlight night. To Mr. Churchward (who appeared for Wilson):' The moon was low. He could not say who threw tiie stones, , or who used the bad language. Wilson was present, but he could not say if Gray was there or not. Sergt. -Major Mason asked the Magistrate to treat the witness as liostile. Counsel said that the SergeantMajor must show good cause before he could make such application. He (counsel) knew nothing of what the witness wa3 going to say. .'The 'Sergeant-Major was not entitled to consider the witness as hostile.

To Sergeant-Major Mason, the witness said that he never told Constable Steere that the accused named had. thrown the stones and used the language complained of. He had told the constable that he had information that these- two men had been the offenders. If he -knew positively he .would ha.ye no hesitation in saying so. Charles Burgess, the ferryman, said lie saw stones thrown. Wilson threw

the stones. He could not say Gray threw any; He heard bad language, but could not say who used the language. To Mr ChurchAvard: He was on the punt at the time the stones were thrown. He must have been 60 feet away. It was a clear moonlight night. He could tell Wilson by his white trousers, as the man who threw the stones. He was positive that Wilson threw the stones. Stones were striking the wheels of the trap and the man at the winch was struck.

To counsel: He did not implicate Georee McDonald remembered the occurrence at the punt. Wilson was there on the bank, and Gray also. He saw the stones thrown. He and the two accused were the only three near the punt. There were other Maoris higher up the bank. Wilson was the only one in white. Both accused were at the back of him. He heard the bad language, but he could not say who used it. The two accused were a few yards from him, and the others had walked away. He could not say who used the words or threw the stones. He knew Gray's voice,, but could not swear he used the language, or he did not. To Mr Churchward: There were other Maoris present, who went up to the bank. They could not have been very far away. John Bowman said he was with Mr Martin on the night in question. He could not tell who threw the stones or who used the language. The Maoris were in the shelter of the willows on the bank, and could not be individually picked out. As far as he could see. McDonald, Gray and Wilson were the only three Maoris remaining on the bank when the offences were committed. McDonald struck Martin's horse, and Martin struck McDonald. Immediately after the punt started to cross. The other Maoris he could not see. He was certain the stones came from these three named, but he could not individualise. The bad language must have been used by some among the three named, but again he could not individualise. > To counsel: If Gray denied throwing the stones or using the language he would not say that he was not speaking the truth. Counsel for Gray asked for a dismissal as far as it referred to his client. Mr Churchward addressed the Bench, and said the evidence was notsufficient to convict on. the charge of nsing bad language. His Worship concurred in the view that there was no evidence to convict of bad language. Mr Churchward then argued on behalf of the accused. Wilson, and submitted that there was not sufficient evidence to identify Wilson as the person who threw the stones. It was possible that Burgess'had made a mistake. The information against Gray was here dismissed by the Magistrate. Bunny Wilson gave evidence on his own behalf. He denied throwing any stones, and he did not know who did throw them. He admitted wearing white trousers. 1 Hir Worship said there was no doubt but that Wilson threw the stones, and inflicted a fine of 10s and costs.