MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 781, 2 April 1910, Page 10

MAGISTRATE'S COURT.

THE LIQUOR LAW: ALLEGED SUNDAY TRADINC. WERE THEY BOARDERS? In tho Magistrate's Court yesterday, before Mr. W. R. Haselden; S.M., George Pinnock, licensee of the Commercial ; Hotel, was charged': (1) That, on March 13, he unlawfully oponed the Commercial Hotel for tie sale of liquor at a time when the premises were required to be closed. (2) That he exposed liquor for sale in the Commercial. Hotel,'.when the premises were required to bo closed. (3) That le unlawfully sold beer , to Alfred William Inniss, -who was net a lodger and was not staying on the premises at a time when the premises were required to be closed. (4) That, in the licensed premises of the Commercial Hotel, he sold beer to Daniel Anderson, who was not a lodger and was not staying on the premises, at , a time when the premises were required to bo closed. Sub-Inspector Norwood condneted the case for the police, and Mr. A. L. Herdman appeared for Pinnock, who pleaded not guilty. . . : ' ■ Mr. Fell, who appeared on behalf of the Official Assignee, stated that Pinnock had been adjudicated a bankrupt, and the business, of ttie hotel was being carried on by, an agent of the Official Assignee. The Official Assignee was only interested in the present proceedings, in the event of tho magistrate deciding to convict and endorse the license. If that were done, the value of tie property would be affected, and this was a matter which concerned the creditors. The magistrate said that he would communicate with Mr. Fell,, if he da-. cided that the case was one for the endorsement of the license, in order that counsel might be heard or the matter. . ' , .."■■•':.'.■•■.'■'

Charge No. 3 was withdrawn- by tho police. ,-..•' ■■, ■ ■ Daniel Anderson, of 52 Abel-Smith Street, stated that/he/.went into the Commercial Hotel,on Sunday, evening, March ,13. He.found several persons in the bar parlour, but none, of them were known to: him. It. was the first time he had visited <)he hotel on a Sunday. He paid the manager sixpence fol- a glass of beer. ; The liquor was served, and no questions were asked. When he had drunk half the beer, a police sergeant came , in. As a result, witness had been, fined £2 75., for having been unlawfully on licensed premises., ■■'.',■ 'Mr. Herdman: Don't you remember this man asking you if you were a boarder and living on. the premises? —Witness: "No." Do you remember him asking your name?—" No." ' .... / Well, he tells me that:ho asked you if you were living on the promises and that yon - replied .that, you were?—< "What, he tells. you .and what I-tell, you'are, two. different things.'. , -~ ■ Did; you', know,;,'that you- were doing wrorig'"in 'being "on.'.'tno' premises?—. "Certajnly, and I have.paid for it." '■■, Sub-Inspector Norwood: You;gave a wrong name and address, and you vteA also fined for that?—"l was." ■ James Walmsloy, plasterer, stated that he also visited the hotel on .the Sunday night. He went into the bar parlour behind the bar. ! ' ~ Mr."-Norwood: What did'you go into the. hotel 'for?—Witnessf."To• • have, a beer, of course." . '' ";"...:,..,,... ..Did you'get'one?—"No." Did you call for one?—"No, , I had no time. Sergeant Kelly camo in." Sergeant Kelly stated'that he entered the Commercial Hotel at 10.10 o'clock on the' Sunday evening, .and found a number, of men in the bar parlour. There were a dozen dirty . glasses: about. The manager was present, and was holding a long glass of '•'■ beer. Some of. the men made a rush for: the door, but witness.. blocked ~ them. ,The manager, Van Delden; said: "It's all right; they ■ are all boarders."./ A; man named M'Mahon drank a glass of beer in witness's,: presence, arida man, Inniss, claimed glass !that -stood on the counter.,- Thosei.present were: Alfred ■William Iniiiss,, who gave his. address (incorrectly) as Karori; James Walmsley,. ivho, said that he had come from Napier and was staying at the hotel j Terence M'Mahon, of the Government Printing Office, who also declared that he had booked a room, and who was under the influence of liquor; Herbert Pope,'plasterer, of Karori Terrace, whoso name'also appeared in the boarders' book; Daniel Anderson, of AbeK Smith Street, who had given his name as David Harrison, of 6 Adelaide Road, and.had been fined for giving a wrong., name ! and. address;. Frederiok Male, dentist, of 75 Wellington Terrace, who stated that he had booked a room on Sunday morning (the book showed that-ho had occupied a room on the Srevious night); Thomas Griff en, and ohn Duggan, labourers, who stated that they resided at the Willowbank Boardinghouse, , in ' Plimmer's , Steps; and claimed to be boarders at the hotel; John Hayes and John Mahoney, who could not be found at the. addresses given; and Michael O'Brien,■ who had been' fined.' Three, men who were behind the bar cleared out while witness was taking the names of the others. Witness saw Pinnock, and told him that he had found the front door open, the bar lit up, the door of the bar open, and several men inside. Pinnock turned to tho manager, who said: "They were boarders." . The licensee then said: "Haven't I told you.'not to let anybody into the'bar?" Walmsley, Duggan, O'Brien, Griffen, and Anderson had pleaded guilty to a charge of being unlawfully on licensed premises. Witness had come to the conclusion that the book had. been faked.

Cross-examined by Mr. Herdman, the sergeant said that the manager told him that the three men in the bar wore boarders: Mr. Gow, of the Tourist Department, Mr. Munro, manager for Messrs.. Gilmer and Maguire, and a Mr. Driver. No proceedings had been taken against these men. Innisa had been brought before Mr. Riddell, S.M., and on giving an explanation, was acquitted. Evidence was also given by Constable Falcolibridge. ■ ■ .'"■'' Mr. Herdman said that there was nothing illegal in a hotelkeeper keeping his front door open. It had been held in English cases that there must be some means of access for boarders. The magistrate: .I : am hot going to hold to the contrary. Continuing, Mr. Hordman painted out, that a hotelkeeper was entitled to sell liquor to guests living on the premises. If it were shown that reasonable steps-were taken by the man acting as Finnock's agent to satisfy himself that the people to whom he supplied liquor were lodgers at -the hotel, the information should be dismissed. Edward Van Delden, manager for Pinnook, stated that, he was' in the bar when Sergeant Kelly came in; Mr. Gow had come in to aek that some biscuits should be sent up to his wife, and Mr. Munro was with him. The other man was a friend of Mr. Munro, and all three were lodgers. None of these were supplied with liquor. Witness never rrave drink to anyone on a Sunday without first making duo inquiry as to whoHior he was a boarder. Hβ always asked, "Are you staying ih tho house?" ami, even if n man answered in the affirmative', and he doubted his word, he went to tho office and saw Mrs. I'innook or the office.clerk.. George.Pinnock, licensee of the hotel on March 18, but now bankrupt, stated that ho had given striot inflttruotiOßß to.

Vail Delden not to serve drink to any men unless, he honestly believed them to bo staying at the house. . Mabel Hurst, book-keeper at the hotel, stated that, on. the night in question, Van Delden came to the office several times, and inquired whether several men were boarders. The magistrate: How long have you been at tho hotel?— Witness: "Since it was opened." Have you noticed that more beds were booked on Sunday nights than on other nights?—" No." - Have you noticed that men arrived and booked beds without bringing any luggage?—" No." The magistrate intimated that lie would givo liis decision in the case on Wednesday at 10 o'clock. '..j ■ Hearing of. informations against Arthur Logan and Frederick Male, charged with being found unlawfully on-licen-sed premises, was adjourned until Wednesday, on the application of Mr. Herdman. . ■

Mr. H. F. O'Leary appeared for Terence M'Mahon and Herbert M'Mahon, similarly oharged. After hearing evidence, the magistrate said that he believed the men had gone to the hotel to get drink, and that they were not genuine boarders. Hβ fined each of. the accused £2, and 7s. costs, in default seven days' imprisonment; A PENNILESS PASSENGER. ' It was alleged against David Wright that he refused to pay his fare while travelling to Miramar in one of the city cars. ... Mr. Doyle, City Inspectory conducted the case, stating that AVright had failed to tender his fare when, the conductor had stood at the door of his compartment and called, "F.ares, please." When the tramway inspector boarded the car, he was unable to produce a ticket. .

After the evidence, of the conductor, Inspector Tuckerj and. Constable, Price had been heard, accused made a statement. .'■..■■' ;•■'' ''. ■'■:■■ ■!•'■' ■■■.' ■:

"I was 'broke,'" he said,■ "when .1 left town. I said, 'It is very imperative that I should' get out to Lyall Bay, and fix my pony for to-morrow.' I was prepared for a walking journey, but a oar came, along,, and I;saw: a lot or mates of mine in it, so I fhought to myself, 'I won't do any harm getting oh there.' One of the boys. said ho would pay fpr me,'- so, when, the conductor came" along, I refused to pay. I-.said I; 1 had paid .'the fare.' You ■ see; when I said I had.'paid, I .was speaking on behalf of-, : the • otHer.' (Laughter.) I am a well-known,'man.. I don't know whether to break ,down at this portion of my, speech, but I want to say I haven't any money. I had a pony, and I could have raked in about £40, but I got beat by a pony called Emma.; (Laughter.) ■. . A voice: Whoa, Emma! (Laughter.) The magistrate said that, ■ when the. case opened, he had the impression that the prqseciitor was trying to establish a principle which he certainly' could not uphold. He was; not prepared to say that a person who was found by,an inspector to have no ticket was to be presumed to have refused to : pay his fare. . . ! ■ Mr. Doyle: Oh, no. , Mr. Haselden: That is what I "thought you were'intending to prove, when you opened the 'case. -This is a';clear case;, on the defendant's.'qwn/showing, and 1 Aim very/glad , , to. think that it is. quite: an exceptional case.'; '■'.':■' ■■' '• .-'•. : - -.•■'■' ■'An fine of 10s. and 195. , costs was inflicted, penalty for default being fixed at .48 hours' imprisonment. Accused was allowed 48 hours in which to find the money. ■/--.., ■ '.'■:; . SLY-GROG SELLING.;Mary Spencer, charged With -having sold liquor' to Arthur J; ■β^palnier, , without being licensed "to ;, do so, was defended: by Mf.,T. M. : Wilford. . Probationer :Munro deposed 'that he paid several- visits to'the. accused's' house in Cambridge Terrace,' ancl obtained on one occasion, five drinks for two shillings,* and on another, four for eig'hteenpence. The money,he spent on, the liquor had been, refunded to' him. Probationer Palmer also gave evidence, stating that Sub-Inspector - Norwood had told them beforehand that any money spent in. liquor would be re-' funded by the Police Department. Sergeant B-utledgo corroborated the-evi-dence of the probationer.. ' " V In. defence, Mrs. Spencer stated that she , , kept, .a -boardinghouse. at 70 Cam-bridge-Terrace. She had given the men , -drinks, tut no money passed. She had never sold, liquor, ehe said.'-' Probationer Munro had endeavoured to force money upon her. Thomas Robertsonj farm labourer) also gave evidence for the defence. ' ' ~'■.'• ■■•

Tlie magistrate entered a conviction, and inflicted a fine of £20, fixing default at one month's imprisonment. Seven days were allowed in whioh , to pay the fine. .' , ';'■ ; ALLEGED STRIKE OF.WHARF- ; LABOURERS. , v \ Mention was made of the series of informations laid against a number of; wharf-labourers in connection with an. alleged . strike on February 26, while the steamer Wanaka was discharging.at the Wellington wharf. ■ ■:.'■■-■■•■..: : Mt..'O, E. Aldridge, /Inspector of Awards, stated that 49 summonses had been issued, and- only two, had. been .served. . ■' •■ : ; ,-.' '■ .•'.. -'...■- John Dowdall, one of the defendants, appeared and complained that he had been singled out, whereas the matter: concerned 49 men. . : . ■','.'..'■■' "I don't know why they took me,"' said Dowdall.- ~ ".' ' The magistrate: Because you were more easily found, I suppose.- : Dowdall: I suppose so. (Laughter.) Mr. Aldridge: Mr. Dowdall's .addross is the only one •Wβ have had.' The_ wharf-labourers are constantly moving about, and we have been unable to find them to serve '. the. summonses upon them. I wish to ask your .Worship to order 'that personal service of these informations be dispensed with, and that it shall.be sufficient to lodge the summonses for these men at the office of the Wharf Labourers' Unkm. ' ';■•'! The magistrate: I think it is a fair thing; I shall make the order. : ;••

ONE PUNISHED; ALL WARNED. When dealing with a motor-oar driver, Frederick George Butler, who ' was charged with ; fast driving round the corner of Constable and Riddiford Streets, Mr. Haselden said:. "Every man I have mot in Wellington ; who know me. in Christehurch, • has remarked on the difference in the speed of motor-cars in the two cities. They' say thai cars are driven much more slowly in Christchurch. Possibly I had something to do with the slackening of the pace in Christchurch, and if I have any power I will . slacken it 'here, Fined £2." Costs amounted to 19s; PENDING AN APPEAL. Wong Lee, a resident' of Hairijng Street, was charged, on remand, with having used his premises as a common gaming-house. A further remand was granted, on the application of accused's counsel, Mr. Wilford, who explained that an appeal was pending on a law point raised in a similar case. Hearing was adjourned ■until April 29, and accused was again admitted to bail.

. A SERIES OF CHARGES. Pierce Charles Freeth was charged: (1) That, on September 1, ]909, ho established a lottery; (2) that he established a scheme by which prizes of money were competed for by a mode of chance; (3) that he conducted a scheme by which prizes of money were competed for by a mode of chance, and (4) tiiat ho ogroed to dispose of nionav

amongst divers persons by means of a device whereby such money was to be divided' by a mode of chance. There were also charges , against thei "New Zealand Times" Company, Limited, similar to charges 1, 2, and 4 against Frecth. .

Mr. Samuel, who appeared for both accused, said that, by arrangement with Mr. M. Myers, Crown. Prosecutor, hearing of the cases would be adjourned uutil April 4. ■ . The City Inspector, James Doyle, brought two charges against tho "NewZealand Times" Company, Limited, as follow:—(1) That, on March 19, they encroached on a street for tho exhibition of pictures on a screen; and (2) that they caused an exhibition of pictures to be made in' Lambton Quay, and caused a crowd to congregate, so as to impede the traih'c. . Mr. J. O'Shea,. City Solicitor, applied for an adjournment of the hearing until April 8. This was granted. , A DESERTER. Robert Lees admitted that he had unlawfully deserted from the steamer Cornwall., He said that ho held a chief engineer's certificate, and had shipped in. the vessel at Sydney for the sole purpose of getting to Wellington. ,As it was reported . that the vessel had not yet arrived ■ at. Lyttelton, the : magistrate-ordered a remand until Monday, and granted accused bail in liis own recognisances of £10. , DOG REGISTRATION. V . A number of informations having been, laid against owners of unregistered dogs, the city inspector intimated that most of those proceeded againet had' registered their dogs since receiving tho j summonses. Tho following defendants! were ordered to pay 7s. Court costs, in default 24.hour/ imprisonment. , Hartwigg Fi - anks, John Glau, Richard Paltridge, Gerald Turner, George Mairs, William Pcarce, Hugh Robertson, and John R. Simpson. The informations against Clara Belsham, Sydney Anton, and Horace Hamilton were withdrawn,, and adjournments were granted in the cases of Albert Hansen, George Hunt, and William Wood. <■-:■'. : .■' ''■ •.'.. :■ BY-LAW MATTERS. A charge against Frederick Engelbert of haying-driyen;:a; motor-car in Revans Street -at 'a -dangerous' speed was dismissed by:ytlie ; magistrate, .after.ho had heard the'police evidence.- -Mr. A.' Blair defended;..'uWv : ;'-. : .'" ■■": ■ ; -.-■■■ ■ For riding:a bicycle'after dark put a lamp, Walter Richard Howard was fined 05., : and\7s. costs. ' James' Jenkins, whose oifence was that: he let a vehicle unattended in the street, was fined 55., and 7s. costs. . '.. -. ■■ .■Wong Shun Kong and Co. , were'convicted and ordered to pay 7s.bosts, for allowing offensive rubbish to remain r their, premises, at 152 Ingestre Street. .. Henry. Sanders was charged with having ill-treated a'horse by working th'r nnimal while it was suffering from sore shoulders. After inquiring into thr facts, his Worship said that he, wished to be. lenient,, while warning others against suchconduct. Defendant would be fined lOs.y, and 9s. costs. : On another charge,- of having, left a vehicle unattended, defendant was. merely convicted.; He,was allowed a fortnight h which' to: pay ..the. fine. ■ Application was made for;: costs on behalf of a witness, whostated spent some time looking for the owner of the horse and carV and who-declared' himself to be ■'a Bit of a.yet." The magistrate disallowed costs, holding that the fact of the witness having done his duty as icitizen would be^sufficient , reward.

iTwo : first* ottenders'for drunkenness were convicted and discharged, another man, who did not appear, was fined 55., and James.Neville was fined 10s or 48 'hburs;" : MichaerConn6])y; an old offender, was fined 405., in default 14 days' imprisonment, for procuring liquor while prohibited. For drunkenness _.he was. sentenced to. a' month's, imprisonment, the terms to run concurrently. : : .;' ; ■■~. ... ..;. r \

William , Louis Allen, a prohibited person, who had been found in the Grand National Hotel, Petone, / was fined 405., or 48 hours' imprisonment. George .Robertson Gray was charged that, while, prohibited, he , procured liquor from Edward Towersey.; Towersey was .charged with having supplied the liquor,::, Mr.'J. : J. iM'Grath appeared for both men, :and an adjournment was made until April 4. . : ':■.' A charge of.using obscene language against a newspaper runner, Charles White, was dismissed, the magistrate not being satisfied that improper words had,been used.- ~.,..- \-■ ■■■ ;;• ■• Allan George Smith pleaded guilty, when charged with having damaged part of a house owned by George Baylis's: - Sub-Inspeotor Norwood said that" accused was refused admission by his father, and he thon caused damage which would cost £3 to repair. : A fine of £2 was : inflicted, and .accused 'was ordered to pay for ropairs, default being fixed at a month's imprisonment. Hβ was allowed a week to pay. >