ABORTIVE POLICE APPEAL.

Dominion, Volume 3, Issue 915, 7 September 1910, Page 4

ABORTIVE POLICE APPEAL.

v": costs: given;; against; TpM,'y •(From 'Oar Special. '(torrespondent 1 .! ;.'■'•.- ■ 6. :; , In the Supreme Court.,;at'.Masterton to-day a case was heard in which; Sergeant .N; Miller : appealed against-aV.de-cision of Mr.; C. C. Graham, S.M.j; in which a charge.against: one■ John Smith,, alleging a breach of: the Licensing Aot, was. dismissed.,. ■;.'..: : The circumstances set-out in- evidence were: that Smith, who is a carter in. the employ; of William Burrjdge, brewer,, brought .ten dozen' bottles "of,' beer- to from \the. Carterton . dopot in two cases.'.,, :l'wb: : dozen-bottles had been ordered I by"a > mah , named' John Leahy, bat Burridge • had instructed ! his carter that this was'not-to; be* delivered unless the . money "was' .forthcoming, v Smith called at Leahy's house, 'and, as he could not get the money, he i took - the liquor back to the depot in Carterton, whence it had come. ■■' The police maintained that Smith had :been guilty'of keeping liquor for sale in contravention of the Licensing Act; .but Mr.: C.-.'.C. Graham, .M., decided that the law had not been infringed, it was against;-this; decision chat the Crown appealed. ~:.'■::: / Mr. H. H. Ostler, of the Crown Law Office, appeared for appellant, and Mr. . A. Pownall for . respondent..:. V,'•'-.'■'./ , After hearing counsel; for appellant, 7 , his Honour said that lie did not require to hear coiinsel for respondent. He was, satisfied that there had been, no "keep-. ins''.of liquor for-sale" with ; intent'to. infringe the law. His Honour expressed surprise that: the. case should have'been carried to suchlengths.. .'. He .could'.not; understand the Crowri /pressing so technical a.'point...'.•■' The appeal would be dismissed. :." ■'•' Mr. Pownall asked for costs against the" police. -V'.'■'•.•''.'"■'• '•■■•.. : .'-'.: ■■"'■ :: Mr. Ostler maintained " that; it was .opposed to Supremo Court practice 1 to al-. low costs against the.'police.': .He quoted certain authorities in;support of-hiscon-tention. '■'■■'■ - ;,'.-'./.'":,. • .'■■' i His Honour said this was an isolated' case. : It. was .not: a case in whioh an appeal had been properly: brought: to: decide a definite law .point. •: He .would allow £7 7s. costs Rgaih6t the appellant.