LAW REPORTS.

Dominion, Volume 7, Issue 1927, 9 December 1913, Page 11

LAW REPORTS.

LOWER COURT. BAR CUSTOMER'S SOBRIETY! DOCTOR CALLED IX. At tho Magistrate's Court yesterday, James M'Donald,' licensee of the Albert «?tel, was charged with having supplied liquor to an intoxicated person, and with having permitted drunkenness on his premises on November 20. Joseph Prendivale, barman at tho Aibort Hotel, was also prosecuted for having served tho customer in question. Mr. M. Myers represented tho defendants.

Evidenco was given by Police-Ser-geant C. W. Kelly, who said that at d.30 p.m. on Octobcr 20 ]io sa,v a man named Edwards in tho hotel, and termed the opinion that this man was under the influence of liquor. Ho afterwards sa:v the man outside the hotel, and was then convinced that Edwards was more drunk than had been at first apparent. For the man's own safety he arrested him. . 1 ~T ° Mr. Myers: It was truo that M Donald was ono of tho best hotelkeepers in tho city, and conducted his liouso in fi very crcditablc maimer. Constable Pressing gavo evidenco to the effcct that tho man was drunk. James M'Donald, licensee of tho Royal Albert Hotel, and Joseph Prendivale, barman, denied that tho man was drunk. He had walked out of tho hotel quite steadily. Dr. M'Lean stated that ho had examined Edwa.'ds' at tlm .Manners Street Police Station at 4 p.m. on the day of tho arrest to ascertain whether- ho was or was not under the influeneo of drink. Edwards's gait w*as all right, he answered questions, promptly and coherently, and was not intoxicated. Witness remarked to the sergeant at tho time. "This man does not seem very bad.

ifr. Riddcll, S.M., dismissed tlio case. Ho stated that tho ovidciico was so contradictory that the Court would not bo justified in entering a conviction. ■A WITNESS ASSAULTED. Annie Kitcliingliam, a married woman, lvas charged with assaulting Fanny Rutherford. Mr. P. W. Jackson appeared for the complainant, and Mr. J. J. M'Grath for tho defendant. Witnesses for tho prosecution stated that Mrs. Rutherford was attacked in Dixon Street on November 22 by the defendant, who struck licr in tho faco without any provocation. Tho only motive which tho complainant could assign for tho assault was that alio was a witness in a caso. against a niece of tho defendant, who'had been committed for trial oil a charge of unlawfully opening a letter. Tho-defendant said that she had seen Mrs. Rutherford in tho street, and had gono up to her to ask her about the case. In order to attract Mrs. Rutherford's attention she touched her shoulder. It was quito possiblo that sho touched the complainant's face, but she did not smack her, and thero was nothing approaching an assault. Hia Worship (Mr. Evans, S.M.) remarked that lio was not satisfied with tho defendant's story, and she must bo convicted. He- was in tho habit of imposing substantial penalties in cases in which witnesses we<ro interfered with, and this could be tho only possiblo - jiiotivo for tho - assault. Tho defendant (would bo fined £1, with costs, and ordered to enter into a bond to keep the peace towards the complainant for, six months, in lior own recognisance of £25, with one surety of £20. a. MAINTENANCE CASE. Richard Thwaites, for whom Mr. 'A. W. Blair appeared, was charged with failing to provide for the maintenance of his wife, Mary Eveline Thwaites (Mr. H. Bailey). Defendant is a telegraph linesman, and was married to the complainant somo ■ three yeais ago. They. subsequently established a home at Nelson, but it was broken up. The complainant, by reason of his profession, had to be away from home a goad' deal, : and ho had some trouble with his wife about wjiere sho would' livo while ho was away. Ho wished her to liavo a house near her parents, aml.siie wished to bo away from them. Ho alleged that tho wholo catiso of tho trouble was iiis wife's drinking habits. He and her parents had had to threaten to send her to a homo for inebriates. I Mr. Evans, S.M., dismissed the case.

COLLECTING A WARDROBE. Louis Williams, who arrived recently by ono of the oversea vessels which calls at the port, pleaded guilty to tho theft or a hamper of clothes belonging to a fello-w passenger. It appeared that he was short, of clothing, and adopted this means of fitting out a wardrote. Ho was arrested by Detective Andrews when on h's way to work in tho country. ,/ V! c , fo , l ? (lant ' 3 ;l .voting mail, and Mr. Iliddell, S.M., gavo 'him a chance by merely convicting liini and ordering lnni to appear for sentence when called on. THIRSTY & DETERMINED. Joseph Overall, a seaman, w J ho went mto tho National Hotel in a state of insobriety and refused to quit when tho licensee ordered him to do so, was lined £2 by Mr. Riddel!, S.M. Mr. Hinto.li, tho licenspo, stated that he, had had great trouble in keouiiu> Overall out, and that before he got him away the defendant demolished someone else s beer.

BOOKMAKIXO CHARGE. Samuel Isaacs, alleged to be a bookmaker, was charged with having betted m tho Grand Hotel on October 111 and with having published a notification as to betting on the Flying and Spring Handicaps for the Mastcrton races" Harry Wales was charged with liaving bet in tho Clarendon Hotel. Tho three cases were adjourned till December 12.' OTHER MATTERS. Oil a cliarge of having assaulto-d Lena i ullar in Auckland, Charles Armstrong was remanded to appear in Auckland oil December 12. For disobedience of maintenance orders, Joseph Flanagan was sentenced to fourteen days' imprisonment, and Jesse llarlen was fined £2. I'or insobriety, Authonv Bannister was fined 10s., and John M'Carthv £1. Minnie Brown was remanded till December 14 on a charge of having assaulted John Crawford M'lutosh, "so as to cnuso >.ini bodily harm.