RESIDENT MAGISTRATE’S COURT.

Ashburton Guardian, Volume IV, Issue 1075, 16 October 1883, Page 2

RESIDENT MAGISTRATE’S COURT.

ASHBURTON. —Today. (Before H. 0. S. Baddeley Esq, R.M.) Breac i of the Licensing Act. Thomas Qaiil was charged with having allowed unlawful communication between his licensed house and a room where billiards were played.—Mr Crisp appeared for the defence, and pleaded not guilty.— Sergeant Felton wished to put in his report on the Commercial Hotel placed before the Licensing Committee, but Mr Crisp objected, and after discussion his Worship decided not to allow it to be put in. Sergeant Felton then went into the box and gave evidence as to the communication between the private bar and the billiard-room. The communication was still existing, and the license was granted over the whole premises—Cross-examined: Had always spoken well of the house and had never seen women in the billiardroom nor anything disreputable going on there. The billiard-room was so built that it could be taken away without interfering with the hotel. The door was in the outer wall of the hotel, and the slide was what is ordinarily used in such places. —Sergeant Felton said that the case had been brought as a test one according to instructions recsived, and the police only wished to find out what the law was as this was the first case of the kind in New Zealand.—This closed the case for the police.—Mr Crisp requested his Worship to take a note of the fact that as no fraudulent act was imputed to Mr Quill that the words “premises" use in the license must bear the same meaning that it had in the Act under whLh the license was granted.—The following evidence was then called :—John Fitzgerald, who said he had had charge of the billiard room for two years. Would say not more than a hundred different people frequented the room, and the average number at one time would be 15 to 20, the bulk of whom are players. No women or children ever came to the room. Witness closed the billiard-room every night and took away the keys of the two doors. The bar door was generally closed before witness went away, and it was also closed when he came in the morning.—Cross-examined : Was employed by Mr Hicks and Mr Quill had no influence over him. Had nothing to do with the bar door, the key of which, ho believed, was in the possession of Mr Quill. It was possible for people to procure liquor through the slide during the day, but people generally went round to the bar. —Mr Crisp then addressed the Bench at considerable length, contending that as the Act was not retrospective, if the parties to the lease were acting lawfully at the time the agreement wssmade, the communication then allowed was lawful now. He quoted authorities to support this contention. He further argued that the evidence given that the door in question was in the outer wall showed that there was no internal communication, and that the fact of a private person exercising the right of expelling anyone from the billiard-room prevented it being a place of public resort. A number of other points were raised, and on the conclusion of Mr Crisp’s speech His Worship said he intended to reserve his decision. —Sergeant Felton said that with the permission of the Court he would withdraw the case, as the police had no desire to press it. He would ask, however, that Mr Quill be obliged to close the communication between the hotel and the billiard-room. —With this understanding the case was then withdrawn." ' Housebreaking. —John Kelly was charged with breaking into the boardinghouse of William Lucas, Tancred street. He was remanded till Monday next,