MAGISTRATE'S COURT

Dominion, Volume 9, Issue 2740, 7 April 1916, Page 9

MAGISTRATE'S COURT

BREACH OP THE LICENSING ACT A REFRACTORY WITNESS John Timothy Foley, licensee of the Cricketers' Arms Hotel, appeared before Mr. D. (i. A. Cooper, S.M., yesterday on a charge of having sold liquor on Sunday, January 2, at a time when his licensed premises were required to bo closed. Inspector Hendrey prosecuted, and Mr. M. Myers appeared for the defendant. The case for the prosecution showed that two (constables, dressed apparently as soldiers. Wont to the Cricketers' Arms Hotel on Sunday, January 2, and were admitted to the premises. They asked for drink, and wore supplied en one occasion with beer, and later with a flask of whisky. The liquor was supplied by the licensee himself. For the defence it was contended that the beer sold, was hop beer, and>' also that no, money had been taken in payment for the whisky. During tho course of Inspector Hendrey's cross-examination tlie defendant said that he had that a trap had been set for lum by tho Manners Street Police Station.

Inspector Hendrey: From whom did you receive this information, and when?

Mr. Foley: I refuse to answer that question. ,

After repeated unsuccessful efforts, Inspector Hendrey appealed to the Magistrate to order the defendant to answer. Mr. Cooper acoeded to the request, but Foley still refused. His _ Worship, then pointed out the penalties defendant was liable to for disobeying an order of the Court. Inspector Hendrey: If you don't want to make the name public, write it down.

Mr. Foley: I am prepared to show it to His Worship. Inspector Hoiidrey: That means that I must not see it.

Subsequently the Inspector said that lio would go on with another part of tho evidence, but would return to his first question later. This he did, but Foley still refused to give the required information.

After again pointing, out to-the defendant the seriousness of his position, tho Magistrate was induced to give him until al;ter the luncheon adjournment to think the matter over.

On resuming, Mr. Myers suggested that the question should hot be pressed. Foley, he maintained, could not be expected to say from whom he gained the information.

After a further consultation with his client, Mr. Myers, Inspector Hendroy, and His Worship consulted together. Subsequently Mr. Myers said that Foley would withdraw his ploa of not guilty in regard to the sale of the beer, it being understood that the police's would withdraw the second charge. His Worship said that such a course was a wise one. The circumstances iii this particular caso were somowhat different to the one against Mrs. Wlielan, and therefore the fino would be heavier.

A fine of £5, with 7s. costs, was inflicted.

Commenting upon the method adopted by the pohco in securing the conviction, Mr. Cooper said that it. did not meet with his approval, tnerefore Foley's license would not be endorsed.

INSULTING REMARKS RESENTED. Harry Fitzroy and Thomas Brown wore charged before Mr. D. G. A'. Cooper, S.M., yesterday with having committed a breach of the peace in Manners Street on April 5. Both accused pleaded guilty. In explaining; the facts of the ease, Inspector Hendrey said that the breach had been occasioned through certain remarks having been passed by Fitzroy in. connection with the war. Brown, whom" the Inspector described as a Britisher, resented these remarks, and hit. Fitzroy.' Under these circumstances, Inspector Hendrey said that he did not press for a very heavy penalty. In the case of Fitzroy, however, the Inspector asked for a remand till April 10, tho reason being that his alleged remarks would have to, be the subject of inquiry under the War Regulations Act.' Brown was convicted and discharged, while Fitzroy was remanded, bail being refused. MISCELLANEOUS CASES.. Mr,' D. G. A. Cooper, S.M., dealt with tho following police cases: — Archibald M'lntyrc, alias Alexander, was fined 10s., in default 48 hours' detention, for insobriety. On a similar charge, Andrew Somervillc, who did not appear, was fined 205., and had his bail estreated. A young soldier, having apparently too many friends tho previous day, was convicted for insobriety, and ordered to be handed over to the military' authorities. Another first offender was convicted and discharged. Raymond Francis Murray,. a soldier, was .remanded to appear at Otaki on a charge of failing to account for, money received. Joseph Gaver, a Bavarian, pleaded guilty to having played "two up" on the Railway Wharf on April 5. Inspector Hendrey gave accused a good character, and tho Magistrate, taking a lenient view of the case, fined Gaver £2, with the alternative of seven days' imprisonment. .' ■ A lad 15 years of age, who had been arrested on a charge of having placed an obstruction on the railway "line at Paekakariki, was remanded for a week. Another boy, 12 years of ago, was charged with the theft of £1 from a little girl in Jessie Street on Saturday last. His Worship held that the evidence was inconclusive, and dismissed the information. CIVIL BUSINESS. Mr. W. G. Riddell, S.M., gave judgment in tho following undefended civil cases:— C. Bowden.v. Hugh Davis, 17s.' Id., costs, us. jVeitch and Allan v. T. L. Churchward, £2 25., costs 10s:; Vacuum Oil Coy., Ltd., v. T. E. Rofe, £40 4s. Scl. costs £2 14s. ;' Commercial Agency, Ltd., and Ross and Glendining, Ltd., v. Frederick C. Ilidcr, £89 145., costs £4 14s. 6d.; Art Production Coy. v. A. A. Fisher £6 10s., costs £1 15s. 6d. ; John Norton v. William Halliday, £10 165., costs £1 10s. 6d.;' D. Robertson and Co., Ltd., v. Emma Fatouros, £5 25., costs £1 3s. 6d.; Association Football Grounds, Ltd., v.-Thos. Halt, £4 13s. Id., costs 10s.; Vacuum Oil Coy., Ltd.,- v. Arthur Gregory, £24 7s. 5(1., costs £2 145.; Jack "jacobus v. H. Lewis, £3, costs ss. JUDGMENT SUMMONSES. Thomas Taylor was ordered to pay the Wellington Gas Company, Ltd., the sum of 14s. on, or before, April 20, in default to spend twenty-four hours m gaol; B. W. Long was ordered to pay Fulton and Co., the sum of £12 ss. (id. on, or before, April 20, with the alternative of twelve days in gaol; !'. Hosking was ordered to pay Jack Jacobus the sum of £2 is. on, or before, April 20, with tho alternative' of 48 hours in gaol; W. Murphy was ordered to pav Jack Jacobus inc. sum of £2 15s. 6d. by instalments at the rate of os. per month. CLAIM FOR POSSESSION. In tne case of Fred Douglas v. Elizabeth T. M'Callum, claim for possession and rent, £8 Bs., judgment was entered for plaintiff with costs £1 19s. CITY COUNCIL CLAIM SETTLED. Mr. W. Q. Riddel), S.M., acting as 3.i'hit)a,tor, gave his dac.ininu in the

Magistrate's Court yesterday in the caso in which the Wellington City Council sued Edmund Frank Hawthorne for the recovery of £1 10s., alleged to he defendant's share in tho construction of Bruce Avenue, Brooklyn. His Worship gave judgment for plaintiff for £6 10s., without costs.