MAGISTERIAL.

Ashburton Guardian, Volume VII, Issue 2259, 21 October 1889, Page 2

MAGISTERIAL.

A3HBOSTJN -MONDAY. [Before Mes<ri D. Tnuans, R. Ala >m and D. William-ton, J.P'd ] j ALITGED SONDAY TBADINO I John Hear?, ifo taaaa of ho 0 > amerctii Hotel, was charged on two Infirm itioos with having *o : d curtain Iqi r, fci wl whiskey, on Sundiy, O yob r 6. to W H, X icon, ho not boi' g a bona fide tr^ve'lar aad with selling Hqaor to W. H. Knaaa on the same date, bo hot being * lodger. — Mr O;lsp appeared for tha defenoe — Before the oise was gone on with Mr Thomas asked the Sargeaat of P-jMoo .hjw.. it was that saoh o»aei as the present, i which In all likelihood was bristling wl h law points, were Ukan before Justices, wheD there was a Resident Magistrate appointed to the district; —The Sergeant of P.)llo8 replied that the Resident Magistrate had dlreoted that wher<i p 88 bb ali polioe oases oho old be taken before Jis:loes of the Peaoe, as the tlraa of the Resident Magistrate w»j ful f oooop'ed wlta civil basines*.— -Mr Thomas o ntonded i'lat the Resident Magistrate w»a the proper person to heir the case, as he w»a a gentleman who by experience and ablltv was qualified to deold» the Intricate points whto'i might arise. — M( Orlsp expreised bis aoqaleaaenoa with the Banoa. He h«d aereral teohnloal objections to nrge and he wished these to he deoldad by a Resident Magistrate. — Mr Thomas said thst the Beaob were there now to adj idloste on the informations, but they hoped the'r expression of optalon would be given effaot to. — Mr Ocisp asked that the o*aes be relegated ti the Rssld'nt Magistrate. — Sergeant Felton opposed the application, saying that he was prepared to aa oept any responslb Ilty In tha matter. — Mr Ortsp took teohnloal oj motion to the inform »tion la the first place he contended that the Serjeant of Police had no power to lay the iaformatioo, sb under the Justices of the PeiO9 Aot, only the actual informant, or his eollcitor or attorney, or some ole authorised by th* informaat m writing wai eititled to Bi'gn an information In a owe of this sort. He a'so nrged that no offence had bean disolosed The defendant was charged on two Informations, on* alleging that he sold liquor on a Sunday to a person not a traveller, and ibn other tha' hQßold liqmr on a Sunday to a person not a lodger. To ensure a conviotion it would be nee da ■»ry to prove that the parson sapplied was neither a traveller nor a lodger. It was not sufficient toshoir only that the perion was not * traveller, or only that he was not a lodger. Both facts required to be proved. It wrs true tint la this otse there were two informifclono, one foceioi of these fasts, bat theie would not hold good In l*w, ac there osald ooi be oon viotlom on two informttloui for one oflenoo. Either one of the other would i hive lo be abandoned, and then the rff tnoe left waa no oSanoe at »H.— Sirqeaat F lon replied with regard to Me Crisp's contention that ho wts not authorised to lav the information, that by virtue of his ofiba he had power, and It was his duty to proofled fla any case of a breaoh of the 'aw. He ooateaded that iha Informations > were perfectly good, and that the Banob had powdr to deal wi h them.— Tne Banoa ruled against Mr Urhp, bat; on bis •ppliaitloo nude n note of bis obj motions. - Sergeant Felton applied for leave to Attend one of tb.3 Informations by laani ng the o'hjr— making the offence that of nnppivlng liqior <o » person not being a bona fide lodger or traveller— Mr Orlsp objeo-ed — Tha Bjuoq allowed the amendmant, hu', took a.«ta of Me Urisp's objedlon. — Me Orlsp ap,jlfel, for an «>dj tarnment. He was uot yet prepared tQ meet the information m m uew form —•Sergeant F I o"i obj oVed to tha adjoarnmant—Tho Banch ware uaanlaaoaaly of opinion thit there bad baeu pleuy of time to prepare the defence, and they orderei the case to go oa. — Mr Orisp a'kei ihtt the fact of his h»vlag applied for an adj >arumont should be noted — Formal evidence a i to dofeodunt betag a !lceniad person having beon addaoed, Sergoint Falion ojl'ed the following witnesees : — M. Saan.'an, a boarder at the Omraerolal hotel, said that he saw Mr Kneen at the hotel on Sunday Ootober 6 H<s was In o impany w th Mr Hughes, and ib^y bid tiro glasses of eocne liquor. Witness left tho ho' el and returned In a boa 1 , wo hours whea he saw both Koeen, Hughos and aoma o ho-a. A proposition to drink being made by the former, witness served out the l'quora, no mcmbei of tho licensee's family being about. On Henry appearing on the scene he was vexed at witness having served the Hqaor, Witness offered to pay for the drinks, bat Henry said that he did not want this. Fomeotie a*kei witness* wbo was going to pay for the drinks and w taess replied Mr Koeon. borne woids between Kneen and Henry following, the former said that he would never enter the house again and raked for hia account, tendering a cheque m payment. Thty then left the house —By Mr Griip ; Could not sty what the oheque vi as for. itness gerved the liquor ; he had no permlsblon, and had n.ver done such a thing before, When Henry found it oat he went into a temper, saying that witness might get him into trouble. He talked to the no m «uoh a way that they all left tbe house. Tbe bar wai shut up when witness went into it. Didn't know who paid for the drinks. Did not know if Mr Hughos, a boarder, pajd for the drnks.—B trtholonrjw Hughes was lodging at fteory a on Sunday, Oot 6th. Saw Mr Koeeu and the last witness that day. Had a drink with Mr Koeen who was exhibiting puzzles with figures. Kaoea said th>t be had (ravelled a long wiy and obtained some bread and oheoEe" and witneEß got a gUnt of beer for him, though Henry did not know who it was for Borne tuna, Bubaequantly, Somlan evidently being disposed to " shout " brought m four drinks They had not touohed the drinks when Henry came and d manded to know who had supplied the drinks. Soan'au maid tbat he did. Henry was very ind'gnint and Mr Eneen and witness thinking th t his impiioitiona applied to them, though Henry said thry did nit, left tbe house. Soanhn Wis to pay for the drinks. Witness romembared Kneen giving a oheque to Henry, which w«s for an acoount owing for some time. Wi'noßi bad a vague reoolleotlon that when Henry asked whp tbe drjol^s were for^oanlan said they wero for Mr Eneen. NVitneps knew they were not, and a man who was with( them told ;-oanlai that bis statement was not true, — By Mr Crisp : Witness got: the first liquor for Mr Eneen. The stqond drinks were "thoutid" by Soanlan. Henry wag not there and the b« was shot np. When Henry oame baok he wa» very Indignant — ' W. H. Eneen said tbat on Sunday Ootober 6 he went to the Oommoßolal Hotel. He had <.ne drink of whisky, and one deiuk of beer. He had the whlaky when he first went went la aad bad the beer with some bread and oheese which he ordered. Remembered Soanlan bringing In aoma 1 q aura. Soanlan was to pay fot them. They had not tasted them when Henry o»me m and started | abusing Soanlan, One of them said " don't be ho waxy Henry " whereupon he tqrned round aqd said he was not j going to have bis bar open foe a paroal of loaferq. In opaaequenoa of what , Henry said witness and Hughes then got ' up to go. Witness oalled foe his aoooQat j and patd it, The wltneaa was. asked if he paid i^rthe. four dflnkoj but Me Oathbertson who represented him", objeoted: Tiie qieatlon waa not pre3iad'— By Me Orisp : Witness h%d nothing to do with the ordering of the liquors whioh Soanhn brought, WHnes* got, a whisky, when be first wont into the nqueoj h.e got It from Henry's boy. a Ud of eleven oi twelve years of age. He wib not ooettln M to whether he paid for lt^Thli wm tbe J flue for tha poUQe«Tfto g^ah b«l4 t^«( '

j *.h y e tru n > o*no 'xo p' r^ard to th-' i fi at whisky -Mr Oi-iep aa'im tfc^d that it hid not been shown that Mr Kneen w«b not a traveller or a lodger. As to the vr hfßky alleged to have been supplied by ! tha boy, Mr Henry coald not; bo held rei Bpoaaible for tbat, «i It hid not been •• shown that tha boy hVd any authority for h!a action. .[Left s'tklng.]