MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1021, 10 January 1911, Page 3

MAGISTRATE'S COURT.

(Before Dr. A. M'Artlnir, S.M.) ANOTHER SLY-GROG CASE. FINE OF .£'2s IMPOSED. Janus Patrick. Hassctt was charged with Felling liquor without a license to Constable Palmer on December -6 last. . Ho pleaded not guil|y. Sub-Inspector Norwood prosecuted, and Mr. H. F. O'Leary appeared for the accused. Constable Palmer said that at 8.15 p.m. oil December 26 ho went to accused's house in Tory Placc in company with Constable Calwell. Both were in plain clothes. Accused's wife r.nno first, to the door, and the witness and Consrablo Calwell wore subsequently admitted, and each supplied with a glass of beer from a bottle. They paid Is. 6d. for this bottle. Witness then asked if he could purchase a bottle to take away with hiru, but lie was refused. Later, witness returned to the house, and asked for another drink, but accused said it liad been finished, the last bottle having just been given to a mate on the Takapuna. Sergeant Rutledge and Constable M'Kelvie then came along, and searched the house, finding tlireo bottles of beer. In answer to Mr. O'Leary, witness stated that tho bottle from which they obtained tho drinks had neither foil nor label on. He was sure the liquor was beer. Corroborative evidence was Given by Constable Calwell. Sergeant Rutledgo stated that when ho entered accused's yard before searching the house there was a drunken man there. After finding the three bottles (produced) and five empty bottles, witness and Constable M'Kelvie went upstairs, and, discovered live men in a room upstairs with liquor on a table before them. , Softie of these were drunk, one being in a helpless condition. Accused told witness that he gave the two constables a drink. Defendant was a fruit hawker, a married man with three children. Ho had been in debt some time ago, but had been "pulling himself together lately." At this stage of the proceedings, Sergeant Rutledgo drew the cork from one of the bottles ill the Court, and tho liquor was sampled by him and by counsel for accused. Both admitted that tbo bottle , contained beer, much to the amusoment of tho hearers. Further evidence for the prosecution was given by Constables M'Kelvie and Doyle. I'or the defence, Mr. O'Leary stated that lie would not call the accuscd. But he submitted that the charge was in no manner proved. / The police should have kept portion of the contents of the bottle from which they drank while in accused's house. The Magistrate expressed himself as perfectly satisfied that illicit trading had been curried on, and held that accuscd must be convicted., A fine of J25 was imposed, with costs 7s. Accused, intimated that he was not a man of r.oans, and default .was fixed at a mouth's imprisonment. . FOUND ON THE PREMISES. As a result of the charge against Has;eti, four men found on the premises were deemed to have been there for the purpose of dealing .in liquor. Theif names were Dames Brown, Albert Dillon, John Bugby, and William Johnson. The first three were'seafaring men, and Johnson, according to' Sergeant Rutledge, v;as known as "Guesscr" Johnson. AH fiur accused pleaded-guilty, and were fined £2 with costs 75., in default seven days' imprisonment. Tho seafaring men all had money due to theiii, but Johnson asked for time. His Worship expressed doubt as to whether it would be safe, but Johnson assured him it Would. He said he had no wish to go to gaol, and told tho Magistrate (amidst laughter) that lie was well known to all tho police. The Magistrate eventually decided to grant time to find the money, and was profusely thanked by. Johnson. . REFUSED TO MOVE ON. , iT ,stm;et-corner harangue o?f, • • POLICE RIGHTS. A young man named John Burke was charged with obstructingC'onstable Smith in the execution of his duty, and with inciting people to congregato and impede ; the traffic by addressing tliem in a loud tone of voice. Mr. Cooke appeared for accuscd, who entered a plea of'not guilty to both charges. Tho informations wero laid as the result of an incident that occurred on December 17 at tho corner of Vivian Street and Cuba Street. Tho evidence of tho police was to tho effect that after an,intoxicated man had been arrested at 10J30 that night, accused waited about tho corner and addressed the crowd on points of law andtho rights of the police. - He was warned ■ to move on, but refused to do so, and defied Smith to arrest him. As a result of his action the tram traffic was impeded. In defence, accused denied-inciting the crowd to collect, and called two witnesses to support his denial. The Magistrate!', after hearing, the evidence, held that accused must be convicted. ' For the' first offence a fino of 20s. was imposed, with costs 75., in default seven days' imprisonment. On tho second charge he was ordered to pay court costs lis., and witnesses' expenses 125., in default seven days' imprisonment. WILFUL DAMAGE. Peter Chalmers was charged with damaging a pane of'glass valued at 4s„ tho property of John Fox. Accused did not appear, but sent written admission of his guilt. It. was reported that, at the time of the offence, bo had to receive medical .attention, and had since been in tho Hospital. Ho was fined 10s., and ordered to pay medical- expenses £1 Is., cab, fare 7s. (id., and <s. for the damage done. Default was fixed at seven days' imprisonment, but accused was allowed a' fortnjght to find the money. . BT-I.AW CASES. For leaving a vehicle unattended, with the wheel not locked, David M'Coombe was fined 55., costs 7s. Charles Leonard. Allen, a driver of a trap, who failed ■ to observe the rule cf the road on .lervois Quay, was fined 205., with _ costs lis., and witnesses' expenses 125., in default seven days' imprisonment. For allowing a chimney to catch fire, Henry Pollen was lined 10s., and costs For driving vehicles after dark without a light, George M'Coll and Harry Peters were each lined 10s., and costs 7s. John Mudgwav, who pleaded guilty to a charge of boarding a train whilst in motion, was fined 10s., with costs 95., and witness's expenses Gs. . REFUSED TO QUIT. . Mary Kelly, who did not appear, was charged with refusing to quit tho Cricketers'. Arms Hotel when requested to do so by the licensee. She was fined 205., with the alternative of'4B hours' imprisonment. On a charge of drunkenness, tho same accuscd was lined 10s., in default 48 hours' imprisonment. PROHIBITED PERSONS. \ James Roy, for whom Mr. P. W. Jackson appeared, pleaded guilty t> a charge of drunkenness, and to a further charge of-procuring liquor during the currency of a prohibition order, lor tho first offence he was fined 20s„ in default seven days' imprisonment, while f'ir the second offence a fine of 40s. was imposed, tho alternative being fourteen days' imprisonment. For breach of prohibition orders, the following pertfms were each fined 205., with costs 75., in default seven days' imprisonment:—.Michael John Mulholland, Joseph Foley, Louis Francis Hardy, Maggie Josephino O'Sullivnn, and William Haydcn (Mr. P. W. Jackson). William Haydcn was also charged with using insulting language to Constable A. i M'Gregor, and lor this ofl'cnce he was lined 10., with costs 75., ill default fourteen days' imprisonment. OTHER CASES. Two first offending inebriates wero each fined 10s., with I ho alternative of 48 hours' imprisonment, and another first offender was convicted and discharged. James Hessey was charged with wilfully damaging two panes of glass, valued at .£lO, the property of Geo. Howe. The . offence was alleged to have-taken place on

January 2. Mr. IT. V. O'Leary, on bohalf of accused, nsked for a remand until January Jl, as ho had only .just been instructed and wished to look into the ease. TJie remand was granted, bail beiin fixedat <cn._ William Thomas, alias Thompson, was charged with theft on .lammry 6, at \Volliii*jioii South, of a watch chain, valued at lfK (id., the property of Patrick (juirk. On the application of SubInspector Norwood accuFcd was remanded till January 11. An adjournment till to-day was {jranted' in the ea. c e ugainst Robert Jilleti: (Mr. J. J. JPGrath), barman of I'.io Porirua Hotel, charged with supnlying liquor on Sunday, November G. . FIRST UNDER NEW ACT. On the application of Mr. J. J. M'Grath a rehearing was granted of the case in which Benjamin Phillips had been fined £1 and costs for supplying liquor to a Native on December 22. Defendant, it was explained, had arrived at: court on the day of the original hearing too late, owing to unforeseen circnmstanccs. The case, which is to come on again this morning, is of interest in that it if, ths first under the Act of 1910.