MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2548, 24 August 1915, Page 9

MAGISTRATE'S COURT

A SUNDAY RAID

ALLEGED SLY GROG SHOP

In tlie Magistrate's Court yesterday two men, Henry Smith and Edward Huglies, appeared to answer various charges of sly grog-selling. Mr. D. G .A. Cooper, S.M., was ou the Bcnch, while Inspector Hendrey appeared for the Police, Mr. H. F. O'Leary for Smith, and Mr. P. W. Jackson for Hughes; Smith was charged with being the occupier of unlicensed premises, in which liquor was sold, and with two charges of selling liquor Without a liconso to Constables Hedgman and Goulding, who were dressed in soldiers' uniforms, and Hughes with two charges similar to the latter. Constable Hedgman gave evidence that he, with • Constablo Goulding, visited Smith's house 111 Alma Lane on Sunday, August 8. Witness said to wanted to buy some liquor. Smith said: "You have como to the wrong shop." As he was going out the gate Hughes .appeared, and said he could give them soma beer if they would como arouml to the washhouse. There wore altogether fivo men in the washhouse, and on feeing supplied by Hughes with the beer they all had a drink* Goulding paid Is. .Gd. for the beer, and pu't the remaining bottle in his pocket. Hughes said: "You cannot take anything off the premises." Witness 6aid he .only wanted to take some drink to the boys. Hughes replied: "Well, go out on the street, I will" bring the bottlo to you." Witness and Constablo Goulding were aboiit to leave the premises when Hughes said: "Do you want any more beer?" Constable Goulding said: "Yes, fetch us a couple more bottles." Goulding paid for these, and they -went out on to Tory Street; . There .they were met bj Hughes, who haauled witaess the boKle purchased in the first place, and caul Smith would not sell the two extra bottles, and returned the 3s. to Goulding. Later in the day the raid was made on the premises by witness and several -other members of the force, and bottles seized. As witness and other members .of the force wore about to enter the house witness observed several men bolt hurriedly, from- the rear of the house and disappear. Some were hatless and coatless. Constable Goulding gavo evidence on the same lines. To Mr. O'Leary Smith was not present when the first 3s. ,was. paid for the beer. Sergeant Ivelly, who conducted the raid with ; Sergeant Fitzpatrick -and Constables M'Kclvie, Hedgman, and Goulding, gavo evidence. He said that one full' bottle of beer, 51 empty bottles, and one empty two-gallon jar were seized. Speaking on Smith's behalf, Mr. O'Leary said that on the evidence his client could not be convicted of the second sale. The Magistrate agreed. Proceeding,, co-unboi said that as to tho remaining two charges, his client could not, according to the wording of ,the Statute, be convicted 011 both charges. Smith could not Be convicted of being the occupier' of a house in which a sale was made, and in addition, with having nir.de this very 6ale. Mr. Jackson submitted that his client could not Ijb convicted of ' selling ihe liquor. Counsel quoted various cases to show that the most Hughes could be charged with was aiding and abetting Smith to sell liquor. All ho did was to toko tho money from the two constables and hand it to Smith. Hughes .gave corroborative evidence as Co his visit to Smith's lwuse. '" ' Inspector Hendrey submitted there was ample evidence to convict both accused. His Worship reserved his' decision in both cases, while.a further caso against Robert Hy. Davenport, charged (1), sailing liquor without a license to Constables Goulding and Hedgman, and (2) supplying liquor to soldiers for . consumption off premises, was adjourned to Monday .next. OTHER CASES. :." The case against Arthur .Blackett, charged with assaulting 'his. wife, Leita BlackStt, was concluded. The Magistrate said he was satisfied that Blackett had committed the assault, and sentenced him to one month's imprisonment. Mr. R. H. t Webb appeared for the prosecutors.in the case, the Society for the Protection of Women and Children. So tliat further inquiries' might be made} Walter Watson was. remanded until 'to-dny. on a cbnrgo of stealing a,military blanket from Trcntham Camp. • Mary- Hargreaves was fined i£3, with tho option of 11 days' imprisonment, 011 a charge of indecency at Newtown Park, and for disobeying a maintenance order sentenced to 1!) days' imprisonment, the warrant to be suspended on the payment of 10s. Gd. a week. ~ Andrew Julius Finlay was further_ remanded for a week on three serious* charges. Bail was allowed as before in £100. ■ • Two young men,, Morton Head-and Arthur Frederick Charles Davies, were each fined 10s., in default 48 hours' imprison*: ment, on a charge of using threatening, behaviour. ... - Minnio Brown was convictM and discharged for drunkenness, fined 205., in default three days' imprisonment, for committing 0. breach of her-, prohibition order, and sent to gaol for twelve months, on a charge of being a rogue and a vagabond; / ' . Hy. Fraicis M'llroy was fined J&l, with costs 75., in default threo days' imprisonment, for breaking his prohibition order. For drunkenness William Almond was fined ,£3, in default 1-i days' detention, and James Keating fined 10s., or '18 hours. Six first offending inebriates were dealt with, . . Khoda Davidson applied for a mamten. ance order against her husband, James Morton Davidson. A, separation order was granted, and defendant ordered to pay 203. a week maintenance. Thomas Lane Martin, 'charged with disobeying a maintenance order in respect to his wife, was sentenced to 74 days' imprisonment, the warrant to bo suspended on tho payment of 255. per week and .£1 Is. solicitor's fee.