WAS IT JUSTIFIED?

Wanganui Herald, Volume XXXIX, Issue 11727, 30 November 1905, Page 5

WAS IT JUSTIFIED?

(Patea Presß). Seldom is the quiet atmosphere of a Police Court disturbed by such unmeasured strictures, so warmly applied, as were pronounced by Mr Stanford, S.M., during the hearing of the case against the licensee of the Waitotara Hotel, at Waverley, on Monday. We welcome plain speaking and just denunciation of evils at all times, and there-are occasions when .jfc (becomes a magistrate.to exercise this prerogative. But we venture to tnink>£hat in this- case the magistrate carried* this principle^ 4o an extreme which' the 'facts' presented to the Court did not warrant/.,. We v wjLsh it clearly understood that in" writing > tliis we do not refer' "to 'Mr .decision — the case being sub judice continent thereon is inadmissaole — but to his remarks addressed to the defendant McKenzie. ,We hold no brkf for McKeuzie, and far .be. it from -us to assume the office of apologist for so degrading a spectacle. as that -which presented itself on the Waverley Racecourse on that occasion, but we contend that' the evidence adduced did not warrant the scathing and damning comments passed by the magistrate on' the character of the defendan);... The -weight of evidence showed, that McK«nzie was fully-, occupied in the inside booth during, the day, and was, therefore, unable to maintain any adequate supervision over the business done by his assistant* at the outside booths that he took all reasonable precaution, by way of giving directions prior to opening the booth and by warning and remonstrating' when informed by the police of the prevalence of drunkenness, to ensure his assistants conducting the booth in the proper manner. It was further shown that numbers of persona were intoxicated before even enter- ■ ing on tho course* nor was there any complaint by the police as to the way McKenzie conducted his hotel. In our opinion and, we think, of every fair-minded person there was not one 1 -tittle of evidence to show that McKenzie deliberately preyed on these Maoris, and we • entirely fair to understand how Mr Stanford can' find justification for stating that McKenzie , was "a shark," and "a disgrace to the trade."

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