RESIDENT MAGISTRATE'S COURT.

Manawatu Herald, Volume I, Issue 16, 18 October 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

- -♦ FOXTON

Wedxefday, " October. 16

( Before R, Ward, Esq., 11.11., B. S. Thynno, J. T. Stewart, J. F. Bockstrow, E.*qs., J.P.s).

SLY GUOG SELLING

The adjourned case against William Langley for sly grog selling at 0 1 aki, was colled on.

Upon the application of Mr Inspector Goodall, who prosecuted on be» half of the Crown, the information was amended.

Mr Staite appeared for the dofeu* dant.

Henry Boera, a native, deposed — lam a sheop farmer at Otaki : on Saturdaj-, September 21, C was at Langley ? s house with A. Lang, W. Webber, 11. Webber, S. Cook, and F. Ramsay, about tea time. We were playing cards for beer ; Ramsay and Lang lost; Bamsay shouted; he did not pay, but I heard him ask Langley to book it. Mr Staite pointed out that this evidence was irrelevant to the information. His Worship asked the Inspector if ho could confine himself more closely to the information. The Inspector replied that he pres sumed that anj evidence of drink being sold would be received as part of the case.

Kxamination continued —In another game, Lang lost ; 1 did not see any money paid, but took it for granted Lang would pay for the drinks.

Alfred Lang, a laborer residing at Otaki, deposed — I remember Saturday, the 2 1st September, when I was at Mr Langley's house ; I saw him there ; several others were there ; we were playing cards for drinks ; I lost one game ; drinks were called for ; every one called for their own ; I called for a glass of beer ; some called for beer, one for brandy, and one for cigars ; Langley served the drinks ; I paid 3s to Laugley for the "shout"; we had other thinks for two other games in which the same people played, excepting Knocks, who took Ramsay's pla c ; Knocks lost in tho first, and paid for the drinks to Langley, who served them ; I had beer, but do not knotv what the others had ; there was a third game also, winch Ramsay lost ; we all had liquoi*, which was paid for by the loser to Langley; defendant and his wife served the drinks for the last game ; I know a Working Men's Club is held at Langley's ; I an> not connected with it.

Cross-examinod by Mr Siaite — I have not beon at work during the last six weeks, as I. have been col lecling my debts for a butcher's business I had at Otuki; I have stayed at Bright 's hotel ; he never offered me money to give evidence in the case ; I expect to get nothing from him ; I did not stay at Foxton this week because I was ashamed to go back to Otaki, nor was I afraid ; I had ofton been atLangley's boforo, and went to pass away tho time ; I gavo information to tho police on tho following Monday ; 1 was not prompted to go by anyone; W.u. \Vebbcr suggested to me to go ; I volunteered the evidence against Langlej j Bright did not know L was going ; he did not know of it till after the information was laid ; ho did not express an opinion; I swear I did not go with an intention to entrap Langley, but after I got there I determined to inform againsi him; he has done me no injury ; I had no motive for it ; I remember what drinks were had in the second game, because, when I lost, I determined to lay the information ; I would not be surprised if Langley went into the box and swore he did not servo the drinks, because it would be to his interest to do so ; I would not do so ; I did not tell Langley the 2z 6d was for drinks, and 6d for cigars; the third time Langley served me with drink ; Mrs Langley served some of them ; I saw the money paid to Langley; a glass of brandy is mention, ci in tho information; as having been sold to me ; I did not drink it, but I bought it ; four of those who were playing cards were members of the Club ; they told me so.

lie-called — I had supper at Langley's that night, and paid for it. William Webber, a sawyer resi - ing at Otaki, deposed to having been presefit on the occasion referred to; they were playing sixshanded euchre. Witness then corroborated the first part of Lang's evidence, and continued : — After tlie game was finished, we did not pay; but when the third game was finished, Langs ley asked us to the bar to have a drink ; he asked us who had lost, and was told Eamsey was to pay for two rounds, and Lang for ono ; lam not a member of the Working Men's Club at Otaki.

Cross-examined — I have not done any sawing for four mouths, and have boen working in various ways ; I suggested to Lung that ho should tell the police; I had no reason, and said it out of a lark ; he did not say then he would go ; I have not boen offered money l>y Bright. Mr Staite — Mr Webber, don't you think it vovy shabby to go aud lay an information like this ?

[No answer.]

Mr Staite — Perhaps it don't matter, as I am afraid your opinion of trhat is shabby would not be very

valuable? Now, Mr Webber, how do you know those drinks wore had ?

[Pause.] Mr Staite— Come on, don't keep us all day. Witness — There's no neoJ to be in a hurry.

Tho lusjjector — Quito right !

Mr Staite (warmly) — It is not right. He has no right to keep tho Court all day waiting. To witness — Are. you sure Lang said to T.angley — " That is the money." [This question was repeated several times in different ways].

Inspector Goodall said after the witness had answered once, his an«« swer should be taken.

Mr Staite said he was entitled to ask as often as he liked, whare a witness was trying to invent his answers. [Warmly]. He had never been interrupted like this before in cross-examination. To witness — Now, sir, did you pay for your supper that night at Langley's?

Witness — Yes

Mr Staite — Did you pay after you had it or before ?

Witness— l don't know. When do you pay for yours ? (Laughter). Mr Staite — You had hotter be careful; you have made disgrace enough of yourself in that box to day. Answer at once.

Witness— You' re in an awful hurry; I paid for it before. Henry Webber deposed to being present on the occasion referred to, and generally corroborated the cvi-» dence of the previous witnesses.

Inspoctor Goodali applied for an adjournment, to procuie Cook, as a witness.

Mr Staite strongly opposed the adjournment, owing to the extreme trouble and expense to which his client would be put. Inspector Goodall said the case had not occurred in his district, but being here he had taken it up ; and having done so, ho was not prepared to lose for want of one witness. He believed the witness Cook was sick, or he would have been present.

Mr Staite said ho was instructed that the man was not sick, and was working daily for the constable who had laid the information.

The case was adjourned till the 6th Noven.bor

Mr Staite applied for the case to be adjourned to Otaki, as a matter ot justice to his client, owing to the long distance.

The Inspector said if such a course woro adopted the same Bench, could not hear the last part of the case.

T ho application was refused. Case adjourned to 6th Noveoib3r

SECOND CASE

Another case against Langley was then gone into. The depositions in the previous case were taken.

For the defence Mr Staite asked whether the Court considered a case had been made out, "sufficiently strong, for him to bring on his case. The Bench considered a case had been made out.

Mr State, in stating his case, pointed out the very unsatisfactory nature of the evidence given by Win. Webbor and Lang, which was hesi«. tating, vacillating, and prevaricating The mon wore unreliable, and had made disgraceful exhibitions of themselves. A club was in existence at Ofcaki, numbering several highly respectable people among its membora. Ho had not authorities, but he beliovod the law allowed those clubs to supply their members wilh drinks. The Bench wonld probably be acquainted with the law upon the subject. He would presently prove the rules of the Club, j Win. Langley deposed — I am an accommodation-house keeper at Otaki, and steward of the Working Men's Club there ; I swear that these are the rules of tho club ; it has 50 or CO members ; 1 consider the club is a necessity at Otaki ; I did not sell Lang a glass of beer' on the 21st | September, nor receive any money ; j I did not authorise any one else to sell it ; thero was a public supper at the house that night ; I was busy with tho committee that night, and know nothing of ady payment ; excepting the part of tho evidence relating to Ramsey's payment, all the rest is false.

Cross - examined by luspector Goodall— The club was started last May; I was appointed steward for the club by the committeo ; they pay me £10 per annum for rent of two rooms, and £20 for acting as steward ; that is sufficient for a livelihood iv connection with what I do as a baker ; Mr Hadfield is treasurer, and hands mo the money to pay the people from whom tho goods are purchased ; I order the goods for the club ; I have no liquor iv their rooms ; I was refused a retail licenso ; the room hired by the Club is a store also, in which I soli bread, tea, etc. ; the Club was startod at a private meeting b> Messrs Hadfield,Kebbell, Davies, Simeox, and others ; I hand the money over at various times to the Committee, sometimos euch week aud sometimes each mouth ; 1 swear Mr Hadfield has not resigned ; there ; are some reports of Mr Simcox having resigued; I swear none ofi tho Club have made a complaint to me of making the Club a pretext for sly- grog soiling ; that is false ; liamsey is a member of tho Club ; in passing through the room where the men were playing I warned them against taking money from the nonmembers of tho Club.

By the Bench — I was appointed steward whon the Club was first formed ; each member pays 2a 6d

entrance foo and Is per month; the balloting i.s merely based upon a byo-iaw of our own, ao as to keep parties out we did not wish to join. The only funds are from entrance fees and monthly subscriptions ; the club makes a profit on each thing sold.; tho charge is Gd per glass; I send the mou^y in payment for the goods ; members always pay for their ; drinks ; nothing is booked ; the Club pays me ; Ido not deduct my money ; 1 1 liavo had £10 from the Committoo for salary. Air Knocks is secretary, and he books all moneys received ; I hand moneys I receive over to the Treasurer; about 12 or 13 natives belong to tbo Club ; they are sup* plied with drink ; I have sent down about 7 orders for liquor to Krull and Co. ; bvery supply is paid for directly the invoice comes ; we get 2 18-gallon kegs of beer at a time ; I am responsible to Krull and Co. ; X do not get any goods from Krull and : Co. for myself ; tho receipts are for the Club ; I told Mr Krull the goods were tor the Club.

Francis Euinsey said — I am a member of the Club; I leniember the occasion referred to ; I did not see Mr Langley bring in any drinks that night, but what I ordered myself; Laugley did bring in drinks to me ; there was a committee meeting in another room, und a number of gentlemen wero there, but we working men had enough modesty to keep out of the room.

Cross-examined — Langley served all the drinks ; if Lang paid money at the bar, it was impossible for me to see him ; I don't know anything wrong against Lang; he lo*t that night, and I paid for the drinks ; I paid Langley on tho Monday or Tuesday ; the loser had to pay for the drinks ; Lang lost the third game. The Court then adjourned for dinner.

Upon tho Court resuming, Mr Staite applied for leave to call tho father of the Webbers, who would positively contradict the evidence given by his sons, aud swear that no drink was supplied by Langley on tho occasion refexred to.

The Inspector strongly objected, as tho case was closed.

The Court declined to allow the evidence.

After retiring for about ton minutes to consider their decision, the Bench returned to Court, and said they considered the charge fully proved, and thought that the wituos&es for the prosecution had given their evidenco quite satisfactorily. There wore no mitigating circumstances about the case, and they sawno reason why the full penalty should ' not be inflicted. The Bench was unanimous in their decision, and considering the evidence beforo them, they directed the police to take stops against William Langiey for wilful and corrupt perjury. Fined £50 aud costs.

Mr Staite applied for an immediate re-hearing, as he had other evidence to offer. He was instructed to lay an information against Lang for perj ury. '1 he Inspector objectod. Mr Ward, after consultation, said — The Bench cannot allo.v the application, but we will take off tho costs.

Mr Staite — I object to that. You can't alter the jud^feaent. Mr Ward — Mo eijlry has been made.

Mr Stait9 — I have it written onmy^_ brief, and pronoun jing it in Court is giving judgment. We will appeal.

THIRD CASE. This was withdrawn, as Langley has a wholesale license. CIVIL BUSINESS. Ransfield v. Hatete— Claim £6 4s, for sheep Mr Staite said he had arranged with Dr Duller to put off the Maori cases till next Court day ; but that this one was not included. As, however, Dr duller might be uader a different impression, if defendant did not admit the claim, he would ask for an adjournment. Judgment by consent. Tho Court adjourned at 5 p.m.