RESIDENT MAGISTRATE’S COURT.

Ashburton Guardian, Volume V, Issue 1452, 10 February 1885, Page 3

RESIDENT MAGISTRATE’S COURT.

ASH BURTuN -To-Day.

(Before H. 0. S. Baddeley, Esq., 8.M.) Dbcnkhnnbss John Murphy was charged with having been drnnk and dis orderly at Tinwald on Bth inst.—Ser geant Felton auked that a prohibition order might be made against the accused, and that he be dismissed. He had a wife and family dependent upon him for" support, and his incarceration would entail considerable Buffering upon them —With the consent of the accused the order was made and the accused dismissed.— John Brady, for having been drunk on the Ashburton biidge, waß fined 40s and costs, with the alternative of seven days''imprisonment.—A first offender was fined 5s and costs, with the alternative of twenty four hours' imprisonment. Bbbach of the Ljcknsing Act.—William Bowse was charged with having exposed liquor for sale during prohibited hours and with having permitted riotous conduct in his licensed bouse at Methven, on 20th January laßt.—William Cooksley, a master blacksmith, living at Methven, said he recollected tbe day of the alleged offences. He was in the house with his brother, Hussey, Murray, Campbell and others. Witness saw Constable Black at the hotel. Witness had no idea of the hoar at which he and his companions left the house. They had no drinks for some time before leaving. There had been some wrestling In the passage of the hotel, but no noise. The defendant had taken witness by the throat, and the latter had pushed him down. This occurred some time before the constable appeared on the scene. The hotel lights weie out at the time.—To Mr Wilding : Witness had taken more than bis usual allowance of drink during the day, was slightly elevated, but not drunk. Be could not say who sent for the constable. The officer did not attempt to remove any of the party.—Constable Black lecollected the 20th Januaay last. A few minutes after eleven o'clock on the night of that day be went round the hotels in Methven, which appeared to be closed. Two hours later, in consequence of a message he had received, he went to the defendant's hotel He found a number of r pie—he would say eight or ten—the passage of the hotel.' Some of them had been drinking There was no noise. The side door of the hotel was open.—To Mr Wilding ; All the lights in the house were extinguished. None of the people in the house were drunk enough to justify a charge of drunkenness being laid. The message witness had received was sent from the proprietor of tbe hotel. Several of the people were boarders in the house. 7he defendant's hotel was well To the Bench: There was no noise when witness reached the house. There was no drink about.—Daniel Cooksley, a blacksmith at Methven, said that he had been in defendant's hotel on the eveniDg of the day mentioned in the information. He had had drinks with a number ofj other people. He could not say how long he had stopped in the hotel. There had been a little scufila during the evening between members of the party. Witness could not say if the hotel was closed at 11 pjn. or not.—To Mr Wilding : Witness noticed no fighting. There was no noise or quarrelling. He could not say bow long the bar had been closed previous to the entry of the constable. It might have been two or three hours.—J. Campbell said that he had gone to the defendant's hotel between 10 pm. and 11 p.m. on the date mentioned in the information. Witness saw no drunkenness in the house.—W. J. Hussey, farmer/Tetiding at Methven, said he had been a boarder at the defendant's hotel on January 20th. The "defendant had refused to give the people in the hotel drink after hours. Defendant appeared to be sober.—To Mr Wilding: Defendant bad toll the boarders to g > to bed and toe pthers to leave the house This closed the case for the prosecution, »nd Mr Wilding submitted that there was no evidence to support the charge of exposing liquor for sale.—The Magistrate determined to hear the evidence for the defence.—A. Murray said that he was a boarder in defendant's hotel at the time of the alleged offences. The house bed been closed as usual. W. Bowse, the defendant, said that on the night of the day mentioned in the infor? station, his house was closed at the usual hour. No drinks were afterwards sold. He bad requested the Cooksley's to leave the house, but they Jecliued to do so. He had used every possible means to Induce them to leave, before Mrs Kow»e sent for the assistance of the police.—Mrs Bxtwse, wife of the defendant, said that she bad heard the scoffle referred to by the previous witnesses. Witnass had sent for the poKce. Her husband was then endeavoring to remove the non-boarders. —Sergeant Felton, replying to Mr Wilding, gave the defendant's hotel, a very favorable character.—Mr Wilding having addressed the Bench, ihe Magistrate said that be was most reluctant to endorse the license of a publican holding such a high character as'Mr Bowse evidently did, but he'felt compelled to convict on the charge bf keeping the house open during prohiMted hours. ThOT other charge would be dismissed. Mr Wilding asked the Bench to inflict a fine sufficient to enable Ida client to appeal—The Magistrate said that he had had no intention" of inflicting foph a substantial penalty, but would fine the defendant, as requested by counsel, J4i H*W& posts.—Mr Wilding gaye ths necessary notipe of appeal.