MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2398, 2 March 1915, Page 9

MAGISTRATE'S COURT

LICENSEE CONVICTED THE TAITA HOTEL CASE Reserved judgment was delivered by Mr. D. G. A. Cooper, S.M V in the Magistrate's Court yesterday in respect to an' important licensing case, that in which Thomas. Park, licensee of the Taita Hotel, is charged with permitting drunkenness on his- premises on February 8 last:' This was in allowing six members of the Expeditionary Force, who were alleged to be drunk, to remain on bis premises. After reviewing the facts of the case at some length, the Magistrate said. be was satisfied that each of the six men were drunk' when discovered by. the pickets. ......

Counsel for,the defenoe admitted that the interpretation in the Act of "licensed premises" and, "premises" applied in the case, said the Magistrate, but contended that even if the men other than the man Reid were held to i>6 drunk, then the prosecution must fail, so far as they were concerned, as it had not been proved to what "prelicense granted in respect to the Taita Hotel applied—that' it should have_ been formally proved by the production of the register of licensees containing' the particulars required by the Act, and the prosecution, havingomitted to do this, .there was no proper proof that the, places where the men were found were in the licensed premises in respect of : which the license was granted. "In my opinion, howsaid the Magistrate, "it was not essential to the case for,'the prosecution that such formal proof should have been_ given—the plan produced at the opening of the. case, and not objected to by counsel for the defence, sufficiently disclosed the licensed house, and particulars of the premises in respect of which the license was granted and the onus was on the defence to prove that either the lawn, whare, or- w.c., were not within the premises." • - The Magistrate also .went on to refer to the contention of the defence' that. Reid and M'Gowan, and, infeirentially} Sewell and Davidson, were lodgers, and that on an authority quoted, the licensee could not be convicted because of this. The Magistrate said he did not think, this had been successfully established, and the evidence as to the entering of the names as lodgers was vague and conflicting. It was not sufficiently clear to warrant' the conclusion that the four men were bona-fide lodgers^ Having arrived at these conclusions, the Magistrate said that he must,' oh the authority of -M'Robie v. Bowden (decided by • His Honour Mr. Justice Williams) convict the defendant of permitting drunkenness on his premises within the meaning of Section 181 of the Act.

There was some discussion subsequent to the delivery of the judgmeht as to whether the defendant's license should be endorsed.. Eventually the Magistrate said that considering this "was accused's first offence, and' remembering the fact that he had given every facility to the picket when it arrived, he would not endorse the license. A fine, of £5, with Court costs 195., and witnesses' expenses would be imposed. At the hearing of the case, Mr. H. H. Ostler appeared for the prosecution, and Mr. T. M, Wilford for the defonce. POLICE CASES. .Mr. D. G. A. Cooper, S.M., dealt with the police cases at the Magistrate's Court yesterday. .Two brothers, George Harold: Tobin and Joseph John' Tobin pleaded guilty to being idle and disorderly in that they consorted with people of reputed .ill-fame. Inspector Hendrey eaia that for some time; past the two brothers had been leading idle and vicious lives, and consorting with such people as made them a danger to the community. Mr. H.'F. O'Leary appeared for both'accused, and in pleading for leniency for the former, said that. hi 6 trouble was drink, and it was this that led him into trouble in. the City when he was unsuccessfully looking for work. Thb other brother had been five years in the Navv, and it had been the long delay in the City during' which his application to be enlisted m the Naval Reserve was considered that led to his 1 getting into bad' company. The Magistrate said he would take into consideration counsel's remarks, and give the brothers another chance. Each would be convicted and ordered to come ! up for sentence'when called upon, ana prohibition orders taken out against them. "A. CONTEMPTIBLE'THEFT." A young man named Ceoil .Bullot pleaded; guilty to the theft of a bank box. containing £3, and jewellery valued at £5 from Ernest Ching. Accused was represented by Mr. H. Hill, who pleaded for leniency on his behalf. Inspector Hendrey said that the theft was <f rather a contemptible kind. Ching had taken accused into .his house and treat-, ed him hospitably, but on the first available opportunity Bullot had stolen Ching's property. So. that inquiry might, be made' about accused, and that >he might give information leading to the recovery, of one of tie stolen articles, he wae remanded to Monday next. AN ALLEGED DESERTER. ' . A charge of deserting from the l New Zealand Expeditionary Foroe at Upper Hutt was preferred against James Hendrick. He was also charged with selling, pawning, or giving away his military outfit. On the fir3t oharge it was decided 1 , to hand tlio accused over to the military authorities to be dealt with, while after bearing partial evidence in respect to the second charge it. .was adjourned until to-day. .Mr. 'H. F. O'Leary appeared on accused's behalf.

"CLEAR' OUT!" ( "Clear outVto the country straight away," was the- emphatic advice of the Magistrate to 'James Jones and Frank Connell, each • charged with being idle and disorderly,: with insufficient means of support. Both the accused were discovered at a late hour in the Thorndon tramway shed, which they had apparently made a temporary lodging-house of. As there was evidence that both accused were making efforts to keep straight,' the Magistrate convicted and ordered them to come up for sentence when called upon. OTHER-CASES. ; Walter John Hamilton was fined 10s., iu default 48 hours' imprisonment, for drunkenness, and £8. with costs Bs., in default one. month's gaol, for using cbscene language. Bernara M'Mahon was fined lOe., with costs 75., in the alternative 48 hours' imprisonment,' for being found in the Royal Hotel at a time when the premises should'be closed. Annie Walsh was convicted and discharged for committing a breach of 'her prohibition order. • ' On a charge of being found helplessly drunk Mary Brotfn was ordered to pay 17s. 6d., the cost of medical treatment. For drunkenness, James Wallace was fined 205., or three days' gaol, and George Holland fined 10s., or 48 hours'. Seven first offenders were dealt with. Philip George Keszler was sent to gaol for nine days on a-charge of dis-. obeying a maintenance order, the warrant to be suspended on the payment of 7s. 6d. a week.