MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1022, 11 January 1911, Page 3

MAGISTRATE'S COURT.

(Before Dr. A. M'Arthur, S.H.) .ALLEGED SUNDAY TRADING. ■. A PORIRUA CASE.' . ' Robert Jillett, barman of tho Porirua Hotel, was charged that, on November G, he supplied liquor to a man named Walker at a time when the. latter was not entitled to be supplied. He pleaded, not guilty. Sub-Inspector Norwood prosecuted, and Mr. J. J. M'Grath. appeared for accused. ' * Rachel Whitehouse, married woman, residing at Porirua, stated that, at 10 a.m. on Sunday, November G, she had noticed Robert Jillett, barman of the Porirua Hotel, at an open shed on premises. Jillett-was driving a trap, and sho saw him take a box from tho vehicle, and place it in the shed. To Mr. M'Grath: She. could not say whether or not Jillett had obtained permission from her husband to place the box there.

A daughter of .the previous witness gave corroborative' evidence, aud' stated that, when she first saw Jillett, he was driving from the direction of Porirua. After Jillett left, witness inspected the box, and saw that it contained about half-a-dozen bottles on which she read the word

"beer." Later, a'native named Ben Wi Neera came along, took the bottles from the bos, placed them in a bag, and took them in the direction of tho Maori pa. Peno Wi Neera stated that, 011 Sunday morning, November 6, some shooters asked him to take a case from Whitehouse's shed, and place it on the road somewhere near a bridge below Mr. Prosser's. Witness did not siee Jillett that morning, and would swear that he did not tell Constable Cox that he saw him. Ho went to the shed, took the bottles, and placed them in some rushes near thb bridge. He did not know what became of tlio beer, or whatever it was. Ho was not paid for carrying it, and did' not know who the, people were who asked, him to tako

Cox, of Johnsonville, stated that, on account of complaints made, ho interviewed Jillett, and asked him about the placing of the case of beer in the shed. Jillett replied that it hnd been placed in the shed to the order of Olio Walker. Witness was uuablo to find anyone of that name in tho district, and so saw Jillett asaiu. TV latt " , thci ! stated that tho beer had been ordered and paid for'on tho Saturday, night, but he (Jillett) was busy at the tune, and did not take- much notico of the man and could not eveu describe him. Witness also saw Wi Noera, and tho. latter stated that he had seen Jillett on the Sunday mornin!!, and Jillett.bad told lulu not to touch' the beer 4iv the shed. Mr M'Gratli submitted that there was no ease to answer. The clearest evidence had been given by. Wi Neera.. and the prosecution was not strengthened by The magistrate: I have no doubt that is so [roni your point of view. He lias riven very clear evidence, but if I am to believe .Constable Cox. this witness you mention has perjured himself from start 'oJlrn'M'Grath0 Jlr n 'M'Grath said that he could not be held responsible- fnr the witnesses for tho prosecution, and tho ca?o then proceeded. llobert Jillett, accused, stated that he remembered November 5 because ho was very busy on that occasion, Ihe licensee beiiiK nw'nv in Christchurch at tho New Zealand Cup meetintr. A man uanie<l Walker ordered' the Honor on Saturday, and asked-for it to be delivered. Witness replied that he could not deliver it as ho was too busy, but he would remove it off the premises-that night, and leave it on (lie road at Whitehouso's shed: Walter waf a settler from Ransitikci stayins at Titahi'Bay.

To Sub-In?pcctor Norwood: Whitehoiifp was a nephew of Iris, and lie had no need 10 ask permission lo place tho lyx (here. On Saturday night ho had placed the box outside tho feneo of the hotel yard 011 tha road,, and it remained there till he removed it' next mornbi.v between 10 und 11 o'clock. There wa.s covcr in tho road in the shape of lons rmes. . , The magistrate in'.innled that he would give his decision on January 13. ■ LIQUOR TO NATIVE WOMAN. Benjamin Phillips, a Maori, was charscd with supph'iiiß licmor to a Native woman on.December 22 last. The case had been tried 011 tho previous day in tho absence of Phillips, but it was reinstated on the application of Mr. J. J. M'-Gralh, in that Phillips might, have a chance of dei'endinq. A plea of not guilty was entered, JJr. M'Grath appearin.? for the defendant, and Sub-Inspector Norwood conducting the prosecution. • The magistrate was not prepared to accept the defence, but as accused was evidently not aware of the risk which he had .been running his Worship did not penalise, him heavily. A fine, of 20s. was imposed with costs 95., and witness's expense Gs., in default seven davs' imprisonment. . • * OTHER CASES. . Henry Tucker, appearing on remand, was fined_2os. for drunkenness aiid ordered to pay 17s. Gel, medical expenses, default being fixed at soven days' imprisonment. For breach of a prohibition order, the same accused was lined 20s. with the alternative of seven days' imprisonment. John Cameron, against whom there were 39. previous convictions, pleaded guilty to a charge of drunkenness and to a further charge of procuring liquor during the currency of a prohibition order. .For the first offence he was. fined 205., in default seven days' imprisonment, and for breach of the order, the penalty was 405., or. 11 days' imprisonment. A, young man named Edward Rickard pleaded guilty to a charge of drunkenness, but denied assaulting John Jl'Conville in the Hotel Cecil so ns to cause him actual bodily harm. On the application of Sub-Inspector Norwood accused was remanded until January 18. A remand until this morning was granted in the case against Albert J[urphy, alias Woods, charged with attempting to break into the premises of John Jl'Lean and Sons on [the Harbour Board grounds, with intent to commit a crime therein.