SUCCESSFUL APPEAL.

New Zealand Illustrated Sporting & Dramatic Review, Volume XVI, Issue 938, 27 February 1908, Page 21

SUCCESSFUL APPEAL.

Last Monday his Honour, Mr Justice Edwards, sat in banco at the Supreme Court, to hear a case, John Jacentho v. Carmody. Mr J. R. Reid appeared for the appellant, and the Hon. J. A. Tole, K.C., appeared for the respondent. This was a general appeal against the decision of Mr R. S. Florance, S.M., at Kaeo, whereby appe’lant, who is the licensee of the Settlers’ Hotel, Kaeo, was convicted of a breach of the Licensing Act and fined The facts of the case briefly are that Carmody, the constable, saw a Maori with a flask of whisky sticking out of his pockets. The Maori said he got the whisky at the hotel, but the barman denied having supp’ied it. The licensee said he had given strict instructions that Maoris were not to be supplied with liquor. The basis of the appeal is that the decision was against the weight of evidence. and that the whole question was so involved in doubt that the licensee should have received the benefit of it. Rata Hohaia. the Maori in question.

was subjected to a searching cross-examin-ation by Mr Reed, and admitted that his evidence in chief and in the lower Court was untrue, that he had not obtained the whisky from the barman, but that he had induced another man to get the whisky for him.

His Honour accordingly upheld the appeal.