MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2738, 5 April 1916, Page 9

MAGISTRATE'S COURT

THE ALHAMHRA HOTEL CASE

Mr. D. G. A. Cooper, S.M., delivered judgment in the.Magistrate's Court yesterday, in the case in which Honora Whelan, licensee of tho Alhambra Hotel, was charged with: . (1) Selling beer to Patrick' Michael Goulding at a time 1 when tho licensed premises were required to be closed; (2) selling whisky, to same, Eliza-

both Whelan, daughter of tho licensee, was also concerned in the shine charges as the one who had aotually, supplied the liquor. I

After outlining the facts ia support of tho. charge, and reviewing the evidence for the defence, Mr. Cooper siiid that, although ho found the sale had been mado to persons whom Miss Whelan' apparently believed in her own mind toibp lodgers, he was compelled to find that a. breach of the Statuto had been committed, inns, much as it was, in his opinion, incuiubont upon defendants to prove that the persons to whom the liquor waa sold wero in fact bonn-fide lodgers. Should this finding provo to he erroneous, ho was further of tho opinion that Miss Whelan, though she may have truly believed the sale to be to bona-fide lodgetß, did not toko reasonable and sufficient precautions to-first ascertain the j fact. His Worship added that he had come to this conclusion with regret, as it; might entail hardship on the defendants. Mr. M. Myers, appearing for.the defendants, asked that in view of; tho judgment, the charges against Mrs.' Whelan should be withdrawn. This course being adopted, would prevent any ■ injustice being occasioned. Although tho police had every right to see that the law was carried out, ho contended thati they had' no Tight to induce a licensee to commit a breach of the Act. Subsequently it was agreed toi Withdraw ono charge against each accused, and Miss Whelan was fined 405., with 7s. costs, while Mrs. Whelan was convicted and discharged. MOTOR-CAR COLLISION ACTION. Reserved judgment m delivered by Mr. W. G. Riddell, S.M., yesterday, in tho oivil aotion in which Ward Tiitat, fanner, of Pahautanui, sued Harry Bast* wood, farmer, of Porirua, for tbV recovery of the sum of .£SO Cs. S"d,f<tf aWed: damage done to plaintiff's motor-oat by collision with certain horses aliiged to ■ and Btrayiiijj/iiaattended on J^ I oad. Plaintiff, while travelling at the""*at»-01-20 20 miles an hour, came suddenly-upon the horses, and is, trying to avoid; tbem the cor went over the bank, and; was seriously damaged. Two defences were raised: (1) That plaintiff had not proved that the straying horses belonged to de. fendaut, anil secondly, that driving Mb own car, at 11 p.m. round, a bend in thd road at 20 miles an hour, constituted contributory negligence on the part of plaintiff, in his judgment, His Worship upheld the second defence, and plaintiff was accordingly nonsuited. ■, Mr. T. S. Weston appeared for the plaintiff, and Mr. A. S. Menteath for the defendant. CLAIM FOR LOSS OF A RUG. Mr. W. G. Hiddell, S.M., was on tho Bench when Lillian Young, of TiiraMna, sued James Patrick O'Shea, carrier, of Mitchelltown, for the sum of £1 55., being tho value of a travelling-rug ah. l°ged to have been given to defendant to be carried from the Thorndon Railway Station to Arthur Street, on June 3, 1915. After hearing evidence bis Worship gave judgment for plaintiff for M 155., with costs 10s. '. Mr. P. Levi appeared for tho plaintiff, and Mr. J. F. W. Dickfon for defendant. CIVIL CASES. . Mr. W. G. Hiddell gave judgment by default iu the following (jases yesterday :— Lindsay, Ltd., v. Thomas Lane Churchward, £i 25., costs 125.; William Campboll, Ltd., .v. William Wells, £3 13s. 2d., costs Hs.; A. Lindsay, Ltd.; v. Robert Cook, JC2 95., costs 19s>; J. T. Lewis v. 11. M'Donald, costs 10s.; State Advances Superintendent v. Mrs. Mary • O'Neill, M, costs 135.; Kitto and Son v. Vincent. Hayes, £i 10s., costs lis.; Henry Thomas Pitcher v. D. J. M'Kay, ,£2 -35., costs 10s.;' 'Mauricevitlo Lime Co., Ltd. (in liquidation), v. W. F. G. Scott; J!B, costs ,£1 3s. Gd.; James Smith, Ltd., v. Arthur H; C. Lees, £1 10s. 3d., costs 10s.; Publio 'Trustee v. Albert Alfred Signall, .£1 9s. 3d., costs 55.; Welsbach Light Co. of Australasia, Ltd., v. A. F. Collins, £2 35., costs 10s. j 11. Oscar • Hcwett Co., Ltd., (in liquidation), y. Herbert M'Leod, £1 12s. Gd., costs lis.; same v. Edward Harvey, £1 Us., costs 75.; Jackson and Co. v, Albert Riggs and Sons, £4 ss. 3d., costs 10s.; Lazarus W. Balkind v. Rekene Pehinsho, i£32 10s., cosU £i lb, r JUDGMENT SUMMONSES. Harry Wiggins was ordered to pay Lewis QuMvn the sum of £6 ,Bs, on. or before April 18, in default six.'days', imprisonment, ' * F. Gale was ordered to pay Messrs. J.' Rod and Co. the sum of '.£29 6s. 2d. on or before April 18, in default one month's imprisonment. Edward William Oliver was ordered to pay James Cartmer tho sum of £i 63. tid. on or before April 18, in default fouldays' imprisonment. Alfred Bradley was ordered: to pay George Mudge the sum of £i 7s. on or before April 18, in default four days' imprisonment. ' POLICE BUSINESS. Mr. D. G. A. Cooper, S.M., dealt with the following polico cases at the Magistrate's Court yesterday morning:— A first offending inebriate (a woman) was remanded for medical treatment, and three male first offenders were leniently dealt with. . , ' George Clark, who was charged with baring been helplessly, intoxicated in Willis Street, was Temanded for medical treatment. ' For the same offence Arthur I Hutchinson was ordered to pay 17s. Gd., medical expenses; in default to undergo 18 hours' detention. / On a charge of drunkenness, Frederick Matsen was convicted and discharged. For wilfully damaging a policeman s helmet, he 'was ordered to pay 9s. Gd., the amount of the damage.' . . Man Ling, who had been remanded on a charge of indecent assault on a girl in Newtown Park, was granted a further remand till April 12, bail being fixed at £100. Further evidence was taken m the ease in which 'Mildred Bessie Webster and Richard James Webster were charged', with keeping a brothel in Clayton Avenue, and' Ethel Towner, who was charged with assisting in tbe management of same. The case was adjourned till Tuesday next. -•■ -.