The Nelson Evening Mail. SATURDAY, APRIL 6, 1867.

Nelson Evening Mail, Volume II, Issue 81, 6 April 1867, Page 2

The Nelson Evening Mail. SATURDAY, APRIL 6, 1867.

RESIDENT MAGISTRATE'S COURT. This Day. [Before .7. Poynter, Esq., R.M.] breach of the abms act. John Palmer, storekeeper, of Waimea West, was informed, against for selling, on or about the 15th November last, 7 lbs. of shot, half a pound of gunpowder, and one box of percussion caps, contrary to the provisions of the Arms Act, 1860. The prosecution was conducted by Inspector Shallcrass, and the defence by Mr A. Pitt. . . . . The. following evidence was taken : — i" lnspector ■'•Shallcrass: I produce my appoib/roet'it,' and tlie authority of the Governor,,. .under the Arms Act, 1860. '-The, information is laid under the 9th and 10th clauses of the Act, more particularly. but* 1 there are otlier clauses which bear npon tlie" case. Christian Schwass: I j*m a farmer residing at Waimea West. I know defendant's store. I was there about the 15th November last. I can't say for certain. I obtained a pound of gunpowder, seveu pounds of shot, and 250 caps. He gave me au account of them. He booked it for me. I had no money at the time.- I got the ammunition from his T 6ou, : "who\ made but the account now produced. 'I I • did not see Mr. Palmer himself at J the" time. I notice the accourt was made out in the name of Buxton. I had made no previous application for the ammunition before I received it. I was served with it, in the tap-room, at the counter, in the ordinary way, by the son of defendant. It is not paid for yet. I got no permit from the Customs before going to Palmer. To Mr. Pitt : I can't say what time of the day it was. I did not see Mr. John Palmer there at tho time. I saw him the same day. Wheu I entered the bar young Palmer brought me tbe shot and powder when I asked him. I said I wanted a day's shooting, if I had powder and shot -Young Palmer said they had some, and would sell me some. I said, then let me have it. He said he could let me have it if I signed a requisi- • tion for it, this was before he fetched it. I signed one after I had got the powder and shot. The. paper produced is the one I signed, I think. The requisition was to the Commissioner of Customs, xilbert Palmer wrote it. He was acting for his father, as shopman. The document is not dated. He made me sign it as a document from the Custom ' House. I have signed requisitions to the customs before. The Magistrate : I don't see how you make out that the powder was not sold. Mr. Pitt ; I intend to prove that the defendant did not sell it. H. B. Farquar : I am clerk in H.M. Customs. I act for the Collector as Licensing Officer, and sign for him. No permit was granted to Christian Schwass on or about the 15th November last. I produce duplicates of the licenses issued in proof of., this statement. No license was issued to him during the month of November. There was one granted to him on January 19th, which I produce 1 . It was granted on a requisition. I believe the paper marked B is the requisition on which I granted the license marked C. It. was to authorise Mr. Buxton. I know John Palmer is not a licensed dealer in ammunition. Mr. Buckeridge, formerly Buxton and Co., was. To Mr. Pitt : Mr. Palmer obtained an order from the Customs, on 4th September last, to purchase a pound of powder, ten pounds of shot and 500 caps, Schwass is known at the Customs as a settler, so is Mi-. Palmer. I have known the latter obtain orders from the Customs, for other people as well as himself. It is usual for persons to take orders for their neighbours under certain circumstances. They bring an application and get a license in favor of other people. If a requisition is produced and the party is known, a license is given as a matter of course always, at the option of the Collector. During the year Mr. Palmer has had some licenses but not lately. It is usual for persons at a distance to send requisitions to the Collector to grant an ordinary license to a licensed dealer to supply the ammunition. The Court: An. unlicensed -person 'selling gunpowder and then sending a requisition must tend to render the act inoperative. •

AVitness: It is not the practise to graut a license, if the powder has been supplied two months or six weeks previously, it - would be quite irregular. Mr. Pitt said before the case proceeded further, he would like to put one point. The information was not good, as it said the offence was committed agaiust the Arms Act, 1860.. The offence of acting ns a dealer was distinct from other clauses under which the information was brought. The Magistrate said he would not rule on that subject, as if he did the defendant would be informed against on several special offences. He was not called on to decide summarily, and it would be better for the defendant that the case should go on. Mr. Shallcrass having stated that he had another' witness to examine, the case was' adjourned until Tuesday next, Mr. Palmer to enter into, his own recognisance of. £loo to appear on that day. John Toman, sued Captain Holmes, the Captain of the steamer Murray, for £12 the amount of a month's wages, due from 24th March. Plaintiff 6tated that he was engaged by the Captain on that date, on the West Coast, to act as cook. Ou arriviug at Nelson he was suddenly dismissed by the Steward, who appointed another cook in his place. The Captain offered to pay him for the time he had worked, but he claimed notice and compensation. The Captain admitted the verbal agreement, but denied the man was engaged as cook for a period longer -; than the trip subject to be retained by ' the^Steward, however, if he suited him. I. D. 'Drane the Steward said the plaintiff was- incompetent aud therefore he dismissed him. The Magistrate gave judgment for plaintiff for £4 16s. the sum due on the number of days he. was employed. The agreement was verbal and without witnesses, and it appeared - from the evidence of the Steward that the plaintiff acted as though he expected to be dismissed oh arriving in Nelson. Mr. A. Pitt for plaintiff.