RESIDENT MAGISTRATE’S COURT.

Cromwell Argus, Volume IV, Issue 163, 24 December 1872, Page 6

RESIDENT MAGISTRATE’S COURT.

Thursday, December 10. (Before IF. L. Simpson, Esq., It. M. ) The Court was opened punctually at 11 a.in. HO um GAN V. WALSH. Thomas Korrigan, hotelkeeper, formerly of ‘ Cardrona, sued John Walsh for a balance of ft.'! 6s. 6d. for board and lodging had at Cardrona. | Defendant failed to appear, and judgment went \ by default for amount claimed, together with ‘ costs ; in case of non-payment, distress ; and ! failing distress, three mouths in Dunedin Gaol. | I. HALLEN'TETN AND CO. V. JAMES GILCHRIST. ! £1 Ids. for goods sold and delivered. Judg- | ment by default for sum claimed, together with ! 17s. costs. D. A. JOLLY AND CO. V. R. BATEMAN. £lO 12s 6d. for goods supplied. Judgment by default for the amount, with 10s. costs : failing ; payment, distress; and fading distress, two mouths in Dunedin Gaol. BREACH OF IMPOUNDING ORDINANCE. The adjourned case, Scott r. Williams —an information charging defendant with having demanded and taken a higher rate of poundage | fees than the law allows —was again called for hearing. James Scott, the complainant, gave evidence i as to the impounding of six horses, his property ; ■ and produced the pound keeper’s recoin* for payment of damages (ten shillings for each horse) i claimed by Mr Douglman, who impounded the | horses. i Ignatius Loughmn, manager of Mount Pisa I Station, examined by Mr Allanby : —1 instructed | Williams, the poundkueper, to claim 10s, per I head for trespass on the run. I fixed the da- ] mages at 10s. a head because that is the sum | authorised by the Gold-Helds Act. Plaintiff’s I horses were not included in my return of stock | depasturing on the run : 1 did not know how 1 many he owned.

| This was the case for plaintiff. I Wr F. J. Wilson, in defence, submitted that | clause 30 of the Impounding Ordinance was ultra j vires— first, because it makes the ponndkeeper a 'judge both of law and facts ; and second, because it throws too much responsibility on the ponnd- , Kccpe.r. 1 f the pmmdkeapcr took u single penny.

he might take it wrongly, because be had nothing to go upon beyond the ex parte statement of the impounder, who might misrepresent facts in order to obtain higher damages. If the Bench were inclined to decide against the poundkeeper, he would submit that his client had acted in good faith throughout the transaction, and was not to blame iu any way. Mr Allanby maintained that the defendant, as poundkeeper, demanded and took a larger sum for trespass upon a run than was, allowed by the Ordinance ; and was therefore liable to a penalty. In reply to the Bench, Mr Wilson said that at the time Williams took the money from plaintiff, he was under the impression that he was obliged to obey the impounder's instructions. {-]]« worship remarked tliat -Mr Wilson’s in* genious argument as to the poundkeeper having to take the ipse dixit of other persons, tended to show the weakness of defendant’s case. It was perfectly clear that no provision existed whereby a poundkeeper could claim damages for cattle trespassing on a run. However, in order to enable the Bench to consider the points raised for the defence, and to arrive at a careful decision in the case, judgment would be postponed till next Court-day, the 9th of January. BREACH OF LICENSING ORDINANCE. George Wellington (Joodger, licensee of the Junction Commercial Hotel, was charged on the information of Sergeant Cassels with permitting to become drunk, and keeping in a state of drunkenness on his licensed premises, from the 29th November to tire 12th December, a man named John Gallagher, contrary to the 49th section of the Licensing Ordinance 18G5. Mr Wilson, for defendant, pleaded not guilty. The following evidence was given for the prosecution ; John Cassels, sergeant of police, sworn : Be-' tween the 29th November and 12th Deceembcr, I it was several times brought under my notice! that a man named John Gallagher was staying ! at Goodgor’s hotel in a drunken state, and that; his property was not likely to be taken care of. On Thursday night last 1 saw Gallagher in the bar of Goodger’s hotel bare-headed and suffering much from drink, lie appeared to be verging upon insanity. Goodger was behind the bar a 1 the time, and I saw a bottle passing between | himself and Gallagher, and as 1 wont in ! saw ; Goodger replace the bottle ou the shelf. 1 said to Goodger, “ Have you got this man in your place yet ?” Gallagher was in the act of drinking from a glass at the time. When he pat the glass down, 1 took it up and tasted the contents :it contained brandy. Goodger made the remark that he was taking a little brandy and water. I then told Goodger I would have to lay an information against him in the malt or. Cross-examined : Gallagher is not a resident of Cromwell or its ncighbourhoo 1. !f 1 had been asked where ho-was staying I shoul 1 have said “at Goodger’s.” Constable Walsh was one of those who called my attention to the fact that Gallagher was drinking at Goodger s. Gallagher was drunk when 1 saw him on the 12th. Carl Nelson, sworn ; 1 reside at Goodger’s hotel, and ain in Ids employment as a cordialmaker. I know Gallagher, who was boarding at Goodger’s. During the time lie stayed at Goodger’s, be was very often sober, and sometimes drunk. I considei a man s-> »u • wuen be knows what he is doing, and drunk v. hj m he is no capable, of doing his business. 1 have sec-u Cadaghcr go to bed sober in the aftern sou. Mr Goodger told ; me to look after Gallagher and keep Idm from ! going out to the other public-houses to get ! drunk. \\ hen he couldn’t get drink at Goodgcrs, ! ho used to go out early in the morning and come back drunk. Twice I locked the doors to keep j him in. 1 never heard Goodger toil Gallagher I to “ go hack from the bar, as t ,'assels w >.s watohimg him.” Gallagher's horse has been and is still at livery in Goodger’s stable. The usual charge | for livery is Ss per night. Gallagher sold some drapery to Goodger. Cross-examined : When Gallagher came from the lock-up he was suffer ng from drink. While staying at ; ; oo Igor’s, Gal agher could have gone away a-i ywbere during the day. 1 saw him several tim scorning towards Goodger’s drunk. 1 tried all 1 could to keep him from drink.

James Corse : 1 am a July-qualified medical • practitioner. I have sou Gallagher in Good- ! ger's hotel, and have cautioned him to knock off * drinking, Last Friday 1 requested Mis *'o algor not to supply him with any liquor. On one oc- ' casion I saw Oallagher shout champagne in Goodger’s, and he paid for two but; lea in my | presence, lie was then in a state of delirium tremens. He is at present under my treatment, at Goodger’s request. At the time that I was called, he was suli'eriiig from delirium tremenr. hut is now recovering. He has been sulk ring from the effects of drink from the fust time 1 saw him.

Cross-examined : I joined him in the drinking 1 on the occasion referred to, and took champagne and soda-water. It is customary to give a man suffering a little drink. John Gallagher, sworn : I am a hawker. 1 j came to Goodger’s three weeks ago last Tuesday, j and have been staying there ever since. I came at night to put up at the hotel, intending to go on my journey the next day. 1 slept there that night. I got drinking ; the first nobbier at Good ger's, the rest at other houses. 1 stayed at Goodger’s the following night, and have remained there since. 1 don’t think I went to bed on- e 1 sober until the doctor took mo in hand. > icon- • sionaily 1 went to other houses to get drink, i. 1 1 hatln t got drunk, 1 would not. have remained here so long. I have spent: about Codon Hus ; spree. 1 was m good health, but a Hide the worse for liquor, when 1. Hi si went to Go dger’s. i Am now under medical treatment. wool.g-: | several times refused me liquor. Ho has giwii i me liquor when 1 was the worse, but I emm • say whether it was as a restorative. One umim iug I was drinking champagne at the bar wti n j the doctor told me if I drank any more i ••• n drop down dead. That frightened me, .mi I knocked me oIF drfnking. My horse is suit at i livery in Goodger’s stable. 1 Cross-examined: I have been on the s i • i-e j before, bub never so long as tin’s time. Mr Goodgcr once told me I was staying too long. He said he would shout a bottle of champagne if I would go away ; but 1 don’t recollect when ! this occurred. This was the case for the prosecution. | Dr Corse, recalled for the defence : On the ■ night of the 11th, GooJger sent to me to pre- , scribe for Gallagher. I sent two sedative

draughts at different times. Mr Wilson submitted there was no evider. to show that his client had wilfully tried to ma|| (1 allagher the worse for liquor. He also ur-|| that the 49th clause of the licensing Ordinal® did not apply to any one staying at an hotel ajj lodger. j The Resident Magistrate said the infonnati® in its present form was quite irregular, inasnniSas two distinct offences were charged. EvenH the evidence had been much more conelusiv I the defect in the i iffqr matron was a fatal bar' I conviction. He would, however, take the'oi * portuuity of saying that although there j perhaps no evidence to show that the defends | had supplied Gallagher with drink in order j | keep him at the hotel, it had not come out tt; i the defendant had done anything really calc I la tad to induce Gallagher to leave the hornOffering to shout a bottle of champagne coif hardly be regarded as an inducement for him; leave, hut rather the contrary. However, the was nothing to show that the defendant hadi any way attempted to take advantage of him Speaking in a general sense, it was altogeth too common a practice with publicans to ket men- drunk on their premises, and to suppt them with drink whilst in that condition. ] was the duty of the police to bring all cases; that kind under notice of the Bench, so that tip 1 cense of aiiy publican might be refused if tt, Bench were not satisfied. Gase dismissed. APPLICATIONS UNDEU THE LICENSING ORDINANCE I Permission keep open their several license. | houses after the usual hours on certain specified t dates, was granted to T. Hudson, S. Champion I G. W. Goodger, }{. Kidd, F. Bastings, and Mr-; jj Kelly. HAWKE It’s -LICENSE. The application of Reuben Isaacs was gianted,