MAGISTRATE'S NOTES.

NZ Truth, Issue 274, 1 October 1910, Page 7

MAGISTRATE'S NOTES.

Oamaru S.M. m Trouble. Some time ago one George Adamson was convicted by Magistrate T. Hutchison at Oamaru on a x charge of failing to carry out the regulations regarding receiving an order for liquor to be sent to a' No-license district. This conviction was appealed against on the ground that it hadn't been proved that an actual written order existed, and that no offence had been proved. The appeal cant© before the Supreme Court on one occasion, but nothing was done beyond proving that Oamaru was m a No-license district, and finding that there was a doubt as to the existence of a written order. The case came on again at the Supreme Court on Monday, when a memorandum was produced from Magistrate Hutchison, who said all reference to a written order could be eliminated from the case. Mr Lee, representing Adamson, complained that it was a great hardship on his client to have to come twice to the court through the remissness of the magistrate m failing to take notes of the evidence given iri^ the case. In. addition to failing to take notes, the magistrate declined ten malre u«e of the notes taken by the press representative or counsel's partner. Mr Praser, for the Crown, said he regretted the -hardship entailed on Adanison, but the only course he could see open was to send the case back again' to the magistrate to be properly stated. No magistrate on the criminal side of the court could properly discharge his obligations to the public and the Crown unless he took notes of the evidence before him. Mr Justice. Williams said he could not see how he could help sending the case back. If the case went against A damson the Crown might take into consideration, the fact that there was no neglect by Adamson. Mr Fraser said Adam*son had been brought to Dunedin twice on a matter which should have been settled on the first application.

His Honor : In this case, it is impossible to say whether the appeal is or is hot well grounded, unless I have before me not ifierely the conclusions of the magistrate, but the actual evidence tali en before him. 4 The case will go back to the magistrate for restatement, and to state the / case properly he must set out from his notes the evidence that came before him. . •

How the magistrate will get on m endeavoring to carry out the last Injunction of the bench isn't too clear.