LAW REPORTS.

Dominion, Volume 5, Issue 1463, 11 June 1912, Page 3

LAW REPORTS.

LOWER COURT. (Before Mr. W. G. Riddcll, S.M.) SUNDAY AT THE ROYAL TIGERTWO MEN FINED. CASE AGAINST LICENSEE FAILS. At the Magistrate's Court yesterdnv, tlireo charges arising out of the salo of liquor from the Royal Tiger Hotel on Sunday, June 2, were mado against separate persons. These were John Bronnan Nolan, an artilleryman, who purchased the liquor; John Wilson, who sold the liquor to Nolan; and Jlnrgnrct M'lntosh, tho licensco of the hotel. Nolan's ease was heard first. He pleaded guilty to a charge of having been found in tho hotel at a time when tho premises ought to have been closed. Ho was fined 10s., with costs 7a. Wilson was then formally charged with having supplied the liquor. He pleaded guilty. Mr. T. Jt. Wilford, who appeared for the licensee of the liotnl, in the third charge, suggested that the penalising of Wilson should bo deferred until after Mrs. M'lntosh's case had been heard. This course was adopter). Tlie charge against Mrs. M'lntosh was that, oil Sunday, June 2, she hail opened the Royal Tiger Hotel for the sale ot liquor. Senior-Sergeant Eutledge deposed that at about 11 a.m. on Sunday, Juno 2, he and Constable Doylo were passing tho hotel. They had seen Nolan enter by the side door, and, seven or eight minutes Inter, he had come out, carrying a bag, Witness had secured Nolan, and found that the bag contained a jar of beer. It was truu that painters had been working in the bar of the hotel, but that had been known to the police. When they (the police) had been admitted, Wilson had been asked for the keys of the cellar, but had foiled to produce them or to give any satisfaction. lie bad seen Wilson working about the hotel. Constable Doyle stated that Nolan, when detained by the police, had pointed to Wilson and said: "That is the man wlio supplied mo witli the beer. I jiaid liim 10s. for it." Wilson bad been working about the premises for some time, and witness had also, seen liim working about the bar in his shirt-sleeves. Jlr. Wilford:,Did yoii look at the cellar to see if thero was a key to it? Witness*- No. Mr. Wilford: Oh, you didn t bother. Would you bo surprised to learn that there is not,- and never has been, a key to the cellar? Did you look at the wages book to see if Wilson was ever paid any waees ? Witness: No. Margaret M'lntosh, licensee of the Koyal Tiger Hotel and defendant in the action, stated in evidence that Wilson was only a boarder. He was not an employee of hers and he bad bad no authority to sell liquor. She had gono for a drive on Sunday morning, but before setting out she had given instruction that no liquor was to be sold in her absence. When she returned Wilson had offered her tho 10s., which ho had got for tho liquor, but she had refused to take it. John Wilson stated that lie was not an employee of the licensee. Ho described himself as a traveller for furniture polish, and added that he boarded at tho hotel. His Worship remarked that the. sooner defendant got rid of boarders like Wilson tho .better! It. was'.extraordinary that a boarder should assume the responsibility which Wilson was, said to have assumed, and as to the painting, it should have been done on week days. If. the licensee went away and left tho bar door so that it could be opened she took a risk.. However, on the evidence, he (the magistrate) was hardly prepared to convict. Wilson, however, bo convicted and fined ,E5. THAT MILITARY CASE. COMES BEFORE MAGISTRATE AGAIN. Victor Furness appeared, charged with having on March 2. 1012, failed to render the personal service required under Part 6 of the. Defence Act, 1909, in that ho had been absent from the Seatoun camp. This was the charge which had been dismissed by Jlr. R.iddell, S.M., but which the Full Court, reversing that decision, had referred back to his Worship, with on instruction that he should inflict on Furness such penalty as ho thought fit. His Worship remarked that defendant was liable to a. ,£25 fine, and to disfranchisement. According to the Registrar of the Supreme Court, he was also liable to costs amounting to ,£G 18s. That ought to bo taken into consideration in the fixing of the penalty. A fine of ouo shilling was imposed. SHOOTING HARES. J. Cashman and Peter Craig were charged with having unlawfully used a gnu for the purpose of killing a hare, without having a license for shooting such game. H. H. Hagan was charged with having trespassed on private property when in search of imported game. The offences were alleged to havo been committed at Korokoro oil May 26. Mr. A. Gray appeared for the Wellington Acclimatisation Society, and Mr. J. J. M'Grath for the defendants. After hearing evidence, his Worship dismissed the case against Hagan because ho considered that tho matter was trivial. Craig was fined XI, with costs amounting to £2, and Cashman 10s. and costs .£1 16s. • ORDERS AT SEA DISREGARDED. John Mars was fined i:3, with costs XI Bs., and John Monaghan £2, with costs .£1 Bs., for having disobeyed orders on the steamer Ngatoro when the vessel was en route from Greymrtuth to Wellington. Mr. Herdman, who appeared in support of the information, stated that tho breach was a flagrant one. The defendants were firemen. They had been absent from tho vessel for several days, liefore she had left Greymouth, and had refused to do any work when they had got on board. OTHER CASES. For having broken prohibition orders, James Skillmg was fined £i, and William Ellis X 2. On a charge of insobriety, William M'La'iighlin was ordered to pay the costs of curative treatment (7s. Gil.). Rita Dorothy M. Paton was fined 10s., in. default 48 hours' imprisonment, for having disobeyed ail order as to maintenance made by tho Court. John Dutton was sentenced to 11 days' imprisonment for having disobeyed a maiutenanco order. It was alleged against William Stevenson that on June 4 ho stole one case of whisky valued at X 2 lis., belonging to Richardson and Co., Tort Aluiriri. He pleaded guilty, and was fined X 3. Leonard Muir was remanded till tomorrow oil a certain charge. Bail (,£80) was allowed. William Ellis was remanded till tomorrow on a chargo of having assaulted Henry Kelly.