MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2410, 16 March 1915, Page 9

MAGISTRATE'S COURT

A LICENSEE CHARGED ALLEGED DRUNKENNESS ON PREMISES In the Magistrate's Court yesterday afternoon, before Mr. D. G. A. Cooper, S.M., Albert Rowland Durrant, the licensee of the New Commercial Hotel, was charged with permitting drunkenness upon his premises on February 3, and- with supplying liquor to Barbara Miller, a. person already in a state of intoxication. Inspector Hendrey prosecuted, and Mr. 0. R. Beere and Mr. D. Jackson appeared for the licensee, and Mr. J. J.' M'Grath for Mrs. Miller., In connection with the same matter Rebecca Chadwick was charged with" supplying liquor to a person already in a state of intoxication. Mrs. Miller's husband gave evidence that when his wife went out on the night in question, she had had a few drinks, but could look after herself. He tried to dissuade, her from leaving heme, but when he failed to persuade her he got a Mr.. Gardener _ to follow her. Later Gardener rung him up and told him that his wife- was at the New Commercial Hotel. He rang tlie hotel up, '»ut was told that Mrs. Miller was not there. He next saw her when she was brought home in a motor-car, about 9:35 p;in., by Mr. Gardenor and a Mr. Tcmlinson. She was then very intoxicated, and-could hardly speak, .and was not in a- fit condition to look . after herself Ho later saw defendant with reference to the matter, and asked him how ho, would like his wife drinking with two men like "Dykes and Read." Durrant replied: "I would go up and never come down.'.' .To Mr, Beere: Mrs. Miller had been a heavy drinker of.late. She-could take, a' certain amount before _ a. stranger wo.uld notice it. ' His wife had told him thenext morning that she had had three or four brandies. . The daughter of the last witness gave evidence that she' went- to the_ hotel and asked for her mother. The licensee: werit to see if her mother was there, and she heard her mother say: "Tell them I am not in." .Witness found

her mother in a room with two men, N. Read and J. Dykes. While witness was there she saw drinks. ordered twice, the men taking whisky and her mother brandy. When her mother left she walked out alright. George Gardener gave evidence that he stayed with Mr. and Mrs. Miller. When Mrs. Miller left home slio was under the influence of liquor, but only her very intimate friends would have noticed it. Witness followed her, and saw her meet Dykes and Read in Lambton Quay. They went to the New Commercial Hotel. Witness went into the hotel about 8.15 p.m. and inquired for Mrs. Miller,, and' . defendant Durrant replied: "There's no . Mrs. Miller here." Witness told Mr. Durrant that Mrs'vMiller was drunk when she left home, Tind he replied that had he known this he would not have permitted her to bo served. Harold John Tomlinson, 72 Lambton Quay, said that on the day in question he saw Mrs. Miller , in a private room in the New Commercial Hotel. He could not say if any liquor was taken to the Toom. Whon Mrs. Miller- came out of the room it would have been impossible for anybody but a friend to have noticed anything different'in. her condition. Inspector Hendroy: Has anybody induced you to alter the statement you made to the police?—"No, sir." . Inspector Hendroy handed witness his signed statement to the police, in which h© saM that "Mrs. Miller, although drunk, talked fairly rationally." Witness repeated that statement on oath. Her walk was unsteady, and her speech was none .too clear, She also smelt strongly of. liquor. To Mr. Beere witness said that .-he did not want to make th© statement. ■He did not think- it was to. be used against the publican, but against the persons who were with Mrs. Miller. He did not think tliat Mr. Durrant could have told Mrs, Miller was the worse for liouor when he entered the room. This concluded the case for the Crown, and Mr. Beer© contended that a prosecution could not be entered, as there was nothing to show that defendant was aware that Mrs; Miller was drunk. There was no sale of' liquor to Mrs. Miller, so the charge of selling liquor to a person already intoxicated must- fail. All the evidence, went to show, he submitted, that nobody could have told that Mrs. Miller was the worse for liquor. • The heaiing stands adjourned till this morning. •

INSOBRIETY.

A goed number of offenders appeared oil charges of drunkenness. James M'Michael was fined £2, in default fourteen days' imprisonment; John Charles. Fairman was fined 205., in default three days' imprisonment; Robert Mathieson was fined 10s., or fortyeight hours' imprisonment; and seven first offenders, including . one woman, were dealt with in the ordinary manner. .Kate Sweeney was charged with drunkenness, and witli boing a rogue and a vagabond; having previously been convicted as an idle and' disorderly person-. '• On th© charge of drunkenness she was convicted and fined 405., in default fourteen days' imprisonment. On the latter, charge, she was convicted and sontenced to imprisonment "for a term of six months. Thomas Ridant was convicted and discharged for drunkennss, and was fined £3, in default one month's imprisonment for having used obscene language.. .' . I'ejcival Waddy, for a breach of his prohibition.: order was fined £1, and Emma White and Kathleen Brady, for similar offences, were also fined £1 each.

THEFT FROM SHOP FRONT.

John Tuck pleaded guilty to the theft of a rug ; valued ,at 18s. 6d.i the property of Vim. Thos. Quinton. Evidence was given that tho accused took the rug from outside the complainant's shop; Accused was ordered to come up for sentence on Friday, in the meantime the' police will inquire into accused's : past conduct. . Jas. M'Govern, who pleaded guilty to the theft of an overcoat, ; valued at 205., the property of J. T. Brown, and taken from outside complainant's shop, was sentenced to one month's imprisonment. SLEPT OUT FOR EIGHT WEEKS. Henry Hall, an elderly man pleaded not guilty to the charge that he was an idle and disorderly person, in. that lie had insufficient means of support. Evir dence was given by the arresting con' stable , that accused was found sleeping in a timber yard, and when asked now long ho Lad'been'sleeping out, replied that hs had been doing it'for eight weeks.'' «He was in a very dirty state. Accused said, that he gained his livelihood by selling papers, but did not make enough to secure decent lodgings. He thought.that he was doing no harm in sleeping out, but he wag very sorry, and would ,try and do better. For his own good, accused was sentenced to ono month's ■ imprisonment. , A TROOPER IN TROUBLE.' A member of tho Expeditionary 'Force, Thomas Francis M'Guiro, was charged (jhat he did assault one Cliarles Hinds, by striking him in-tho face, Mr. H. F. O'Leary, who appeared for delendant, said the defendant went into the yard at the side of complainant's property for a certain purpose. Complainant put him out, ho doubt uiing some little .force, ana- then, defendant struck him in the face. His Worship expressed his. intention ot referring tho defendant to the military authorities, but Inspector Hcndrey pointed out that the military authorities desired that members' of the Force who were arrested should be dealt with by tho Magistrate. A fine of IDs., with Bs. costs, in default forty-eight hours' imprisonment, was imposed. SOLDIER'S MONEY TAKEN. A young man named Michael Costello was charged with the theft of a tobacco tin containing a .£l note and 7s. in silver, from the person of Henry Albert Thomas,; a member of the Expeditionary Foroe. Inspector Hendrey said that the. accused was in the company of the complainant, and'the question of purchasing 6ome liquor arose. • The soldier produced tho tin containing his money and accused snatched it. and ran away. He was cauglit by two young men, and then promised to show them where the money, was. He was held, however, till a constable arrived, and then refused to show where the money was,, and it was not recovered. The charge was reduced to one of theft, in order that the Magistrate could deal wtyh it, and. accused pleaded guilty. He was remanded till Thursday for sentence, to give him a chance to help the police recover the money.

OTHER CHARGES.

Martin Neilson, who had thirty-four convictions- against him, but- none for obscene .language, had to answer to that charge.. Tlie offence took place at three o'clock -in the morning.- A conviction and a fine of 205., in default three da.vs' imprisonment, was imposed. Jacob Spolsky, a sccond-hand dealer, was fined 55., wjth costs 75., for purchasing, an overcoat after tlio hour of 6 p.m. A heavy penalty was not pressed for. ■ George Henry Parkinson was convicted on a, charge of haying used cbscene language. He was discharged on consenting to a. prohibition order being taken out against him. Neil Blair Austin was fined £1 with costs 75., for keeping his premises open on Sunday,, and Lottie Fox was fined 10s. for a similar offence. ; Robert Agnew M'Callum, charged with failing to pay a maintenance orJar of Bb. per week, lot his children,

the amount in arrears being £16, was ordered to pay ss. per week off the arrears, in addition to the Bs., or serve 21 days in prison. _ In the case of Henry Davy, application to reduce a maintenance order, an order was made cancelling arrears, and fixing maintenance at 2s. 6d. per week. John Hopere Wharewiti TJro, was sentenced to ten days' imprisonment, order to bo suspended on the payment of £9 lis., arrears in an order made by the Court. 1 Thomas Flanagan was ordered to enter into recognaisances to keep the peace towards George Richard Farley, in a personal Burety of £25, and one other surety of the same amount. Annie Rudd was ordered to .keep the peace towards a certain dentist, in the sum of £25,. with one other surety of a like amount. ■

WHITE HORSE -FIRE.

Further hearing was continued before Mr. W. 6. Riddell. S.M., in the Magistrate's Court yesterday afternoon in the case against Charles Edmunds, Walter Balch, and Arthur George Young, tho three young men alleged to he responsible for the burning of the White Horse Hotel, Ngahauranga, during July, 1914. Chief Detective Boddam prosecuted, Mr. P. W. Jackson represented Young, and Mr. H. F. O'Leary represented Balch. ■ Frederick Footer, late owner of tho Whit© Horse Hotel, gave evidence that the accused Young had been a tenant of the premises at a rental of 30s. per week, from the previous September. The building was worth about £1100, and when Young went in was insured in the New Zealand Office for £500. He received £12 10s. from.Young for furniture in the hotel. Madeline .Winter said that she was managing the place, a- ; boardinghouse, for Young, on an arrangement by which she got half profits. They got on fairly well at busy times, but for v a. few weeks prior to tho fire there were no boarders. She lost from £100 to £120 by the fire. Clins. H. Wyatt. inspector of risks for the Commercial Union Office, said, that in October, 1913, the accused Young applied for a cover of £270 on the furniture and £30 on a piano at the hotel He later accepted £220 on the furniture and £30 on the piano. He said he valued the contents at £400. The piano was sold before the fire, and the aocused Young was paid £220 by the oompany after the fire. Riohard John Penticost, grocer, of Island Bay', said that he knew th© three aocused. Young had stayed with him. On the Monday morning after the fire Young told him that they had set fire to tho hotel. He said that ho 'Young) stayed outside and watched, while the others went inside. When they thought the place was alight they started for home. He further stated that he took kerosene from witness's store for the purpose. A couple, of months later he was passing the place where th© hotel had stood with the accused Balch. Balch said. that the place would not have g<sne up if it had not been for.him, as Young got frightened at th© last moment; To Mr. O'Leary: Witness did not disclose these facts to'the polico till thepresent year. Young_ had told him something about getting money from the insurance company. .. Witness Had borrowed £80 from Young. ' Ho still owed it. Edmonds pleaded guilty, and was com. mitted'to the Supreme Court for- sentence. Young and Balch pleaded not guilty, and were committed to the Supreme Court for trial. Bail was fixed at a. personal suretv of £100, with one other surety of £100 in each case, the accused to report to the police twice a week.