RESIDENT MAGISTRATE'S COURT.

Poverty Bay Herald, Volume VI, Issue 706, 30 May 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

This Day,

Before H. Kenrick, Esq., T. W. Porter, Esq., R.M.'s ; and 4 Naitve Assessors. BREACH OP THE MUNICIPAL BYE- LAWS. Police v. J. Williams. — Defendant was charged with a breach of the byelaws on the 26th May, by omitting to take precaution against injury to persons, and not having the same sufficiently lighted. Sergeant Kidd, A.C., deposed: That Dii the 26 th instant an obstruction was allowed of material thrown|up in thefor.nation of the Uladstone-road. There was no precaution taken, and the obstruction was of a dangerous character, Air Flexman having fallen over it. Mr W. Flexman, settler, residing at the Waikanae, deposed to an accident which occurred to him last Saturday, while proceeding home, the particulars ( >f which have already appeared in our journal His Worship said that the defendant liad not taken the necessary precaution, It was a duty thrown upon him by the Municipal Bye-laws and the terms of his contract. He would inflict a fine of 20s only, as he had already suffered in pocket. SELLING ARMS TO NATIVES. Regina v. R. Ooopee. — Mr. W. Brassey, for the prosecution, requested that the charge last laid be proceeded witli first, viz., that of conspiring to evade and render inoperative the provisions of the " Arms Ace, 1860. " Mr. J. T. Rogan, for the defendant, objected, and wished to know the specific charge against his client. His Worship said they would first proceed with the last charge, which, having been read. Mr. Rogan (who with Messrs Ward and Bromfield appeared for the defendants) said that the charge brought against their clients did not give them my idea as to what they were called upon to disprove ; and he presumed as he police were in possession of information, it was not disclosed in the charge. He would plead not guilty* His Worship said that he could not cull upon the prosecution to set out the particulars of the offence. Mr. Brassey said he would ask for the date to be amended from the 21st to the 20th May. He brought the charge under the "35th section of the Arms Act." He would also put in the Guzettee Notice of July 24th 1867, as a document containing regulations under the Arms Act. The facts of the case are : A native named Tuta wished to purchase a gun, and could not do so. Mr. Brodie obtained a license, and got a ,'un, which was afterwards supplied to ; the native by the defendants, which he intended to prove. H. E. Gudgeon, Native Officer East Ooaßt District, deposed : I remember the 21st May last. On that date I received information indirectly from Maories that guns were being sold. Shortly after a Maori named Hori Mokai came to me and asked for a gun, which request I refused. lam the only officer in the district authorised to give permission to purchase ammunition, any application for arms made by natives I invariably forward to Wellington for sanction. I have lately forwarded* several such applications. I know Tuta Nihonihi. I have not forwarded an application for him, nor has he applied for one. From information received from Hori Mokai, I went to Tuta, and asked him for the gun, and I asked him to make a truthful statement about the matter. He at first hesitated, but finally acceded to my request, and hauded me the gun. The gun produced is tlm same. I certainly could not have given a license to any person for the sale of that gun. Cross-examined by Mr Rogan : I know Tuta very well ; he is a man of respectability, and well known on the East Coast, and fought with the Government during the late war, doing good service. I cannot say that his father was killed while fighting for the Grown. D. Johnston deposed : I am Collector of Customs for the Port of Gisborne, and Licensing Officer under the Arms Act (warrant of appointment for latter produced). The license produced is a certified copy of a license to John Brodie issued by me, 1 issued it personally, and at the time I issued it I put ' the question as to whether the gun and ammunition were for himself. He replied '* Yes. " I asked nothing more. M. Boylan ironmonger, sworn : I assist generally in the shop. I can't say that I recognise Tuta. I remember a native coming to Parnell & Boylan's on the 20th May, and buying a gun. I can't swear to the gun. When the native came he produced a license. I did not notice the name of the person to whom it was granted. I supplied the double-barrelled gun on the license, but am not clear as to the ammunition. Cross-examined by Mr. Ward : I keep a book of entry of all sales under the " Regulations of Anns Act." I did not make an entry in this instance. I received £10 for the gun. I have not sold any other but this gun. I was the only one present when the native got the gun. I did not read the license through, I know all about- the regulations concerning the sale of guns. Elsewhere I have sold guns, and only looked to the signature of the licensing officer, which, if attached, was sufficient for me. This sale was effected in the fore-noon. There was no secresy observed in the matter, it was done openly In the shop. Cross-examined by Mr. Brassey : rhere were no Natives in the shop. I im almost sure there we no persons ibout. By the Bench : I reported the sale to Mr. Parnell, who then pointed out to ne the name in the body of the license, ivhioh was Brodie's. I have not 'egistered the sale of the gun. The Native who bought the gun had not seen in the shop previously. When Vlr. Parnell observed the name of Brodie on the license, he went at once .o see Brodie. Since the sale of the pin I have had no conversation with lefendant Robert Cooper, nor Brodie. '. am not an employee, but occasionally issist in selling gooda, at Parnell & Boylnn's shop. The Native simply proluced the license, and money, . and eceived the gun. Tuta Nihoniho deposed : I reside at Vharepanga, Waiapu. I have been in own for one week, and on the 20th I btained a double-barrelled gun from a hop in Gisborne. I gave the gun to saptain Gudgeon, the gun produced is ho one I gave up. I bought it at

Pavnell and Boylan's shop. I know the person who supplied it to me, viz., the last witness, and I paid him £12 for it. I bought the gun for my grandfather. I received at the same time some cartridges. 1 did not take the caps, that were named in the license. I took cartridges instead. When I went to buy the gun I had a license. I did not obtain it from Captain Gudgeon, nor from Wellington, but from here. The license was not in my name, and if I saw it I should know it. The reason I got the license was, I went to look for a gun for my grandfather. I asked Parnell, and Michael Boylan, where I could prouure a licenee. One of them said at the Custom-house. I had several companious with me, and we all then left for the Customhouse to get a licenses. When we got back, we were called back by the previous witness, Michael Boylan, and he said, "you I go to Robert Cooper and he will issue licenses." We came across to the Argyll Hotel, and met Robert Ceoper in the street, 1 said to Mr. Cooper " give me a license for myself and Maraki," I addressed him thus in consequence of what Mr. Boylan told me. In the evening, when we were sitting at Wilson's Hotel, Mr. Cooper gave me a license. The one produced is like it. It did not know the names contained in the license. I was satisfied that I had it, and went and got the gun. I keep a hotel, and have a license to sell spirits, and the signature thereon is i similar to that on the permit produced. | I gave the license to Michael Boylan, and placed it in his hand open, and upon that license I got the gun. I said to defendant Cooper, you pay for the licence. When he gave it to me, I offered him the shilling, when he said, " Oh, never mind ; you can have a drink with it." lam quite clear as to what Cooper said, When he handed me the license. I was drunk at the time, and I don't recollect what transpired, or whether he mentioned the name of any persons as being in the license. After breakfast on the morning of the 21st, I took the Jicense to Parnell and Boylan's, and was not aware that any trouble would ensue/ Cooper' did not tell me that I could not get a license from the Gqvernmet. If he had said so I should not have done any thing more in the matter. Cross-examined by Mr. Bromfield : When Mr. Boylan handed over the gun on the production of the license he did not say anything. When Boylan told me to go to Cooper for a license, Maraki, Meriane, and Penemene were with me, and Mr. Parnell also was in the shop. When the conversation took place we were outside the counter. Mr. Boylan was inside near the far entrance of the shop, a good distance from me. Boylan spoke to me in English. I understood the words " license," and "Cooper." At the time the conversation between us happened, Mr. Parnell was at the other side of the shop. Mr. Boylan read the license through when I gave it to him, and we then went to where the guns were standing, gnd I bought one for £12. that morning I told Rupeue, the person who gave me the money to buy it, "You'll soon have a gun — have it this day. " When I obtained the license at Wilson's I am not aware whether any Pakeha was present. I have been in all the different engagements the Ngatiporou have fought on behalf of the Queen, excepting one where my father was killed. By the Bench : Before I went to Parnell and Boylan's I made no attempt to get the license. If Captain P<rter had been in town I would have applied to him. I did not so apply, and he did not refer me to Captain Gudgeon. When I met Cooper in the street I said to him, " The man at Parnell and Boylan's told me you would issue a license for me to get a gun from the CuStom-house. " Cooper said he would talk about a license at the Custom-house, and try and get it. When I went for the gun, Boylan only was present in the shop. Boylan looked at the license, saying that itlwas all right, and then went to get the gun. When the exchange of cartridges for caps was made, Boylan was at first giving me the ammunition named in the license, when I said, " leave them alone, and give me cartridges for my breech-loading instead." Rupene found the money to pay for the gun. Cooper did not know that I wanted it for my grandfather. At this stage the Court adjourned to 2.30 p.m. Meriana Tuta, deposed :I am the wife of Tuta. I remember going with Maraki and Tutu to buy, a gun at Parnell and Boylan's we first went to examine some guns. Tuta said to the man there P" where are we to get a license ?" The man replied from the Customs, and afterwards from Robert Cooper. When we went out, we saw Robert Cooper walking in the street. Tuta said to Cooper, Boylan has told me to come to you for a license. In the evening we went to Wilson's, Argyll Hotel. Mr. Cooper was there, and he then gave Tuta the licence. I did not hear him saying anything. Tuta threw a shilling down in front of Cooper for the licence Something had been said about the Is for the license. The reason we went to Wilson's was that we were lodging there. I know the appearance of the paper, but not the contents of it. The license produced is it. On the next day three of us went to buy the gun. Tuta took the license with him. I saw him get a gun, which he paid £12 for. The one produced is the gun he bought. He gave the license to Michael Boylan. . Cross-examined by Mr Ward : There were present Maraki, Tutu, Cooper, and myself and two others when Cooper threw down the license to Tuta, and all I heard Cooper say, was, "Here is the license." Tuta when producing the license to Boylan presented it open to him after looking at it, and he read it. By the Bench : I did not hear him say anything about the names. When Tuta asked for a liftense I don't know what Cooper said, but nnderstood that he agreed to get one. Maraki deposed : I remember going in company of Meriana and Tuta to Parnell & Boylan's for a gun. We asked where a license could bejejot to buy one. He said at the Custom Hoase. We then went out when we were called back by Mr Boylan, who said it would be good to go to Cooper and that he would issue a license. We went out and saw Cooper in the Street and Tuta asked him for a license, which he agreed to get.

After hearing the case, Robert Cooper was committed to take his trial at the first sitting of the District Court to be held in Gisborne on the 19th June. The first and more serious charge of feloniously selling a gun, &c, was withdrawn by the prosecution. Bail was allowed. The charge againso Brodie was amended, the former one being withdrawn, and on application of Mr Brassey the case was adjourned till 10 a.m. to-mor-row/* ■•.-.. ■■-,-■,. •■■ [The complete evidence in the. above cpße will be published to-morrow.]