LAW REPORTS

Dominion, Volume 5, Issue 1523, 20 August 1912, Page 2

LAW REPORTS

LOWER COURT. (Before Mr. W. G. Eiddell, S.JI.) THE "GUESTS," AND THE POLICE, SHAMROCK HOTIX. At the Magistrate's Court yesterday loming John Shortis and John Dwyor re charged with having been in the Shamrock Hotel on .Sunday, August 11. They were represented by Mr. H. M. SI id'den, and pleaded not guilty. The in-foi-mntion was laid under Hcotion Vii of tho Licensing. Act, which reads as follows:— . "Every person found on licensed premises at any time when such premises aro required by this Act lo bo closed is liablo to n hue not exceeding £'} unless he satisfies tlio Court that • he was an inniate, servant, or lodger on such premises or u bona-fulo travelkr, or that otherwise his .presence, on such preinist's was not in breach of the provisions of this Act with respect to tiic closing of'licensed premise?. : l'olice-Serguiint Fitzgerald gave evidence lo the effect that on the night of Sunday, V igiist 11, ix constable on the beat had called his attention to the fact that there is a light in one of the windows of tho 1 amroclc Hotel. Ho at once entered the 1 otel, and found Shortis, Bwyer, «ind I ogers (tho licensee) in a public sittingroom near tho bar. On being interrogated Shortis had replied that ho had merely gone to the hotel to see Dwyer. Mr. Sladden said that the whole thing amounted to this: Tho licensee had enterh ned Dwyer and Shortis as his guests, tl ey had been bonn-fide guests, and it onld be intolerable if the entertaining of guests were to entail a penalty. Defendants, Shortis and Dwyer, and Rogers (the licensee) deposed that Shortis (I Dwyer had been on the premises on the Sunday in question purely as guests of Rogers. It was, paid the witness, a fre--1 ent occurrence for three to spend the nday together. •U the conclusion of the evidence, his "Worship remarked that be thought that the men must be convicted. l Mr. Sladden protested. He contended tl at nothing had been adduced to show that the defendants had not been bonaflde guests of the licensee, and lie held that a publican vms entitled to entertain his friends in his hotel on Sundays. His Worship reserved decision in order to consider certain authorities referred to Iγ Mr. Sladden and Sub-Inspector Sheehan. OTHER CASES. For insobriety, Jessie Burns was fined , and Margaret Johnson 10s. Tames Scott was fined 10s., with costs .£3 12s. 2d., for having used certain language in a railway carriage. A charge against the guard of the train,. A. JI. M'Bumey, of his having assaulted Scott, was dismissed. Frank Maidrnent was fined for having used certain language in public. For having sold milk which failed to comply with the standard set out in tho Act. James Owen Bradley was fined .£l, with costs Jit 18s. Cd., and Kobert Jamieson ivas fined £2, with costs £\ 18s. Gd. Samuel Bradnock wns fined i£'3 for having failed to provide adequate food and shelter for a horse. Michael Nicholas Hogan , was sentenced to seven days' imprisonment for having disobeyed a maintenance order; Alexander Robert Johnson to one. month's 'imprisonment; and William Haining to fourteen, days' imprisonment. The warrant against Ilaining is to be suspended if £1 per week is ,paid. ;