MAGISTERIAL.

South Canterbury Times, Issue 6385, 28 November 1890, Page 3

MAGISTERIAL.

TlMAßU— Friday, November 28th

(Before F, LeOren Esq., and Captain Sutter, J.P.’s. LARCENY OF LIQUOR. John Breen, a man well-known to the police for minor misdemeanours, was charged with stealing twelve bottles of spirits, value 30s, from the Club Hotel. Sergt.-Major Mason asked for a remand till Monday, as the accused was suffering from “shakes,” the effect of drinking the stolen liquor. The remand was granted, and the accused was sent to the Hospital for medical treatment. COWS AT LARGE. H. Devine was fined 5s for allowing two cows to be at large. ALLEGED FALSE PRETENCES. Thomas Howlej, Clerk of the Resident Magistrate’s Court, was charged by Friedrich Harmon Yon fioboeneberg, cabinetmaker, that he did on the Ist September, “ wilfully and knowingly by false pretences attempt and endeavour to obtain of and from the said Friedrick Harmon Yon Schoenoberg the sum of one pound in money of the moneys of the said F. H. Yon Hchceneberg, with intent to cheat and defraud him of the same-”

On the case being called Mr llowley said ho had not received either summons or warrant, but he would appear. Ihe complainant then made a statement of the grounds of his charge, with much detail. It was to the following effect. On the let September ho went to the Oourthouse and applied to the assistant clerk Mr Thompson, to bo enrolled as an elector,'so that he could vote at the coming election. Mr Howley asked if ho was naturalised, and be replied that he was not, but that he had been sixteen years in the colony and bad been on the roll at Christ church and wherever bo bad been. Mr Howley said that did not matter, unless he was naturalised he could not be enrolled, and showed him the Act relating to the matter. Mr Howley told him it would cost him £1 2s 6d to be naturalised. He replied very well, and Mr Howley filled in a form of application for naturalisation for him. He eaw on the form a place marked for a 2s fid stamp, and wondered why he was asked for £lj he however trusted Mr Howley that he would not ask for more than the legal chargesHe went away and decided, as business was not very good, that he would not pay the £l, but would let the matter drop. Later on he saw on the electoral roll the names of some persons who he believed were not naturalised, and learned too that the proper fee was only 2s fid. This put him about a good deal, as he bad been 16 years in Ihe colony, and bad always worked bard, and wished to have a vote for the making of laws for working men, and now he had been deprived of this through the negligence of a Governm'ent official. Ho went to a lawyer and learned that the foe used to be £l, but it was reduced eight years ago, therefore Mr Howley had not acted straight forwardly as a Government official at a high salary should have done, and he laid an information against him for trying to get money by false pretenrer. Ho would bring a witness to show that Mr Howley only charged 2s fid to a person some seven years ago. The defendant cross-examined : He was told to bring £l, not to send it to Wellington ; that the form could not be sent to Wellington unless he brought £1; he did not know what the £1 was wanted for.

The prosecutor then called Jacob Winkler, who asked who was to pay bis expenses, and the prosecutor said he would do so* This witness showed that he obtained naturalisation through Mr Howley in 1883, and paid fee of 2s 6d, and he paid nothing more. Adolf Fischer was called for the purpose of showing that he, a non-naturalised person, had had his name inserted on the roll. His application in tne statutory form was produced. Defendant elicited that the witness had applied personally to him, and was refused enrolment because he was not naturalised. A candidate asked him to sign and. send in an application and he did soMr LeGren pointed out that the form of application was calculated to mislead, as it contained no caution or prohibition to aliens. He supposed any citizen could object to Mr Fisher voting. Captain Butter told the witness he had better nob vote as it would make him liable

to a heavy penalty. Mr Howley said he asked every applicant who came to him, if he judged from his speech he was a foreigner, if he was naturalised, and if he said no, he refused (o enrol him.

The prosecutor the- c Tied defendant and

examined him. He followed the law in en rolling electors, and that told him not to enrol unnaturalised foreigners, He could not examine into the lona fides of every application, and Mr Fischer’s coming in the usual form, had escaped him. He had sent many naturalisation papers to Wellington in past years when the fee was £l, and this was the first time he had been reminded by Mr Winkler’s paper that he had sent one up with 2s fid. The change in the law had escaped his memory. The charge was no charge of his. He had no right to do anything beyond supplying forms. (The prosecutor was checked several times by the bench for the insulting manner in which ho framed bis questions, and the comments he made upon the defendants dealing with his application). Defendant stated, in reply to the charge, that the prosecutor came to the office and asked to be enrolled as an elector, and then the conversation about naturalisation followed. He gave him a paper, filled it in for him, and told him to go before a Justice and declare to it, and that he would have to send £1 to the Colonial Secretary with it 5 that he could pin a£l note to the paper, and send it, and if he liked to bring the note he (witness) would give him a franked envelope and post it for him. Prosecutor went away and he never saw him again until the 15th inst. when he came to lay the information. He had posted many naturalisation papers to Wellington when the fee was £l, pinning a note to each paper, as he proposed to do in this case, and giving a franked envelope. He had sent none for a long time, possibly Mr Winkler’s was the last he sent.

Prosecutor: You never said anything about pinning a note to the paper. It’s a distinct lie.

Defendant, called Mr Thompson, assistant clerk of the Court, who was present when the prosecutor sought enrolment, and his evidence as to the matter of the charge was that the prosecutor was told by Mr Howley ho would have to send £1 to the Colonial Secretary with his application, and if he liked he (Mr Howley) would assist him to send it. lhat was the whole transaction. Witness expected the prosecutor had posted the application and money himself and wondered that he did not return with his letter of naturalisation to be enrolled as an elector. He beard no more about it until the prosector came to lay an information. To prosecutor: Mr Howley did not demand £1 from you, he told you you would have to send £1 to Wellington, and lhat he would assist you. I thought he was going out of his way to do you a kindness. No, I did not know it should not require £l. To the Bench : Mr Howley did not ask him for £l. 1

This closed the evidence. Mr Le Cren, the chairman, addressing the prosecutor said : This is a paltry thing to lay an information for an indictable offence for. Mr Howley had no power to put you on the roll, and he showed himself willing to help you to qualify. Your conduct has been anything but what it should be. The case is dismissed and any costs there are you must pay. Captain Sutter addressed Mr Fischer and recommended him to inquire into his position before voting as an elector, or he might gel into trouble.

Mr Fischer replied that it was not his fault; it was a candidate who put him on the roll.

Captain Sutter; But if you vote it is not the candidate who may suffer, but you. The prosecutor left the court saying, “ It is not settled yet.”