MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1236, 19 September 1911, Page 3

MAGISTRATE'S COURT.

(Before Mr. W. G. Eiddcll, S.M.) For insobriety, Alexander Churchman and ltobert I'itton were each fined 10s., in default 48 hours' imprisonment. Three first offenders were convicted and discharged. Gilbert Alexander Craig and Mary Donaldson were each fined 20s. for breaches of prohibition orders. Frederick List was chaTged with theft of a shirt, valued at 3s. Gd., from the Union Clothing Company. On the application of Chief Detective Broberg, accused was remanded until Wednesday. ASSAULT. Arthur Tubman was fined 205., in default 48 hours' imprisonment, for assaulting his wife. DISOBEDIENCE OF MAINTENANCE ORDER S. For disobedience of a. maintenance order, Catherine M'Donald Burton was fined t £2. Arrears on the order, which amounted to X'2o, were reduced to . .£lO. Mr. H. F. O'Leary appeared for defendant. In a similar case Ernest Alfred Schnltr, was also fined .£2, the alternative being seven days' imprisonment. John Burns Stephenson, who did not appear, was charged with disobeying an order of the Court for the maintenance of his child. He was sentenced to three weeks' imprisonment. . THE LICENSING LAW. Sarah Ann Bird, licensee of the Foresters' Arms Hotel, and Charles Henry Bird, a barman, were charged with supplying liquor to George William Jackson, a. prohibited person. Constable Dovle stated that, on August 30, he had fouucl Jackson in the liar of the Foresters' Arms Hotel.' He called the barman aside aud asked him if he knew that Jackson was a prohibited person. Defendant replied that he did not think so. On the following day the constable again called and -asked the barman whether he know that Jackson, who was familiarly known as "Stonewall" or "Billy," was the George' William _ Jackson who was tho subject of a prohibition order. Defendant again replied that he did not. .After hearing tho evidence of George William Jackson, Sergeant Rutledge, and the barman, Charles Henry Bird, his Worship dismissed tho information, holding that there was a doubt, and defendants were entitled to the benefit of it. The case against Sarah Ann Bird was then withdrawn.

Sub-Inspector Sheehan prosecuted, and .Air. T. W. Young appeared for defendants.

Norton Smith,' licensee of the Palace Hotel, was charged with permitting drunkenness on his premises. Mr. T. W. Young appeared for the defendant, and Sub-inspector Sheehan fcr the police. The principal witness for the prosecution was Sergeant Kelly, who stated that; on September 5, in company with Constable Tait, ho had visited tho Palace Hotel, aud had found a man drunk, and asieep in tho back bar. . He then told the barmaid that she should see that the man was removed, but she replied that lie had only come in a few minutes previoitsly, and had not been served with drink.' Witness cnlle'd the licensee's attention to the state of the man, who was then arrested by tho constable. 11l reply to Mr. Young, witness stated that it was usual, when the police drew the attention of any hotel employee to « man in a drunken condition for steps to be taken to have such person removed, but tho barmaid in this case seemed quite unconcerned. Constable Tait gave similar evidence.

Horace Dowman (the man alleged by the police to have be>an drunk, and who subsequently pleaded guilty to a charge of drunkenness) said he remembered tho day in questiou. Before he arrived at the Palace he had about eight drinks, and the girl there refused to serve hint. Maggie Hayes, barmaid at the Palace Hotel, stated that, on September 5, Dowman came in with two other men, and had called for drinks. She had served the other two, but would not serve Dawman, and had asked him to leave. Tho three men then left, but, some time afterwards she had noticed another man enter. She difl not think that it was Dowman, however. When the police had subsequently drawn her attention to this man she had been considerably surprised. When the police arrived she had been engaged in serving a customer, and she could not see Dowtuan, who .had then got into a corner of tho bar behind two beer barrels.

Norton Smith, the licensee of tho Palace Hotel, deposed that ho had not noticed Dowman until Sergeant Kelly had called his attention to liim. He had not considered that tho man was drunk. He was a bit stupid—probably from the effects of sleeping—but, beyond a slight lurch, ho could walk quitc'well. 3l>. Young submitted that the barmaid's story was reasonable, and whether Dowman had been drunk or not was a matter of doubt. He had been refused drink, and had been told to leave. The evidence went to show that the man could not hayo been in tho hotel longer than three minutes.

His Worship was of opinion that the man had been drunk, and he (his Worship) did not consider (he barmaid's evidence satisfactory. Smith would be fined 10s. A SMUGGLING CASE. The Collector of Customs (Mr. C. S. Nixon) proceeded against Susannah Hussoy, a middle-aged woman, for attempting to avoid payment of duty on certajn dutiable goods. It appears that tho defendant was a passenger by the Warrimoo from Sydney on September 7, and when questioned by a Customs official as to whether she had any dutiable goods ill her baggage, replied in the negative. On an examination being made, linen to the value of £20 was discovered. The Customs Department, therefore, claimed .£79 'Is., which amount was arrived at by adding 10 per cent, to the value of tho good.i, plus tho actual duty payable. This brought the tolal to 4:26 Bs., which amount was then trebled.

Mr. T. -M. .'Wilfonl, who appeared for the defendant, said his client would plead guilty, but ho considered tho penalty should be only <£GO. As the jracistrate had discretionary power under tho Act to reduce the fine to a fourth, ho would ask that this be done. He went on to state that tho defendant was a widow, and had come out from England at. the request of her brother. She was informed that no duty would have to bo paid on the linen, and had made tho statement in good faith. Ilis Worship said defendant would bo fined .£"!) -t-S.. but this amount would be reduced to one-fourth, malting it Xl 9 10s. Seven shillings costs would also be allowed.