LICENSING CASES

Dominion, Volume 9, Issue 2836, 29 July 1916, Page 7

LICENSING CASES

IMPORTANT POINT RAISED

Air. D. G. A. Cooper, S.M., presided (it the Magistrate's Court yesterday. Philip Byrne was charged' with being 011 licensed premises (the Bellevuc. Hotel) on Sunday, July 9, and also refusing to give his name and address to a 'unstable when requested to do so. Lawrence Hassick Herdnian was similarly charged. In the cases against V?ilsoii and Mitchell, which were dismissed, the defendants furnished their names. The facts in the present cases were the same and no evidence was called: Argument turned oilthe question of whether a constable in plain clothe.? ;had the right to demand the name and address of a person suspected of committing an offence. .Mr. jr. Myers, who appeared for the defendants, stated that the two men asked the constable for some proof of his authority, and maintained that 'the latter could have' called the landlord, who knew him. ■ Inspector Hen drey, who appeared for the police; quoted a case where it was decided that this wan. not considered necessary. After a further nt opinion, the-case was held over for a week, when the point will be argued. AN •IMPORTANT POINT. Some days ago, l'liomas lveson was charged with piuying hazards in Wa'teiloo tjuay. • 'l ne evidence given by a constable was to the effect that lveson was'one of a number of men who were playing what was apparently hazards. Witness stated' chat he saw defend'aut in the act of throwing the dice, and Mr. J.V W. Jackson, who appeared for the defence, contended that tile mere act of throwing the.dice did not constitute an offence under thp . Act. It was necessary before it conviction could be recorded that' proof,''should be given that a'game of clljiiice was being played lor a mone-tary'-stake, and in this case no such proof wjis forthcoming. Inspector Hendrey argued that if it were necessary to prove that'an' actual money transaction took place the purposes-'of the Act woni/. be of little avail.

The 'Magistrate yesterday decided 'matter. He said the point raised was indefensible/ The fact that several i:ien were stauding or crouching around, and the defendant was seeii to throw tlio dice, and the men with lum scattered when the constable was seen, and that defendant ciideavoured to hide the dice, an<l : denied having 1 the dice,.was -ery strong evidence against the defendant. As 'lveson tweided to give evidence, the ■case was further adjourned to Thursday next. OTHER CASES. I'or insobriety, David Dougias, w'u'o lia« a previous' conviction, waj tilled 10s., delauit being fixed 'at 18 hours. Two first ulfeuders \v,ere dealt with. . h'rank E-bbert Wilson, who was found helplessly drunk in Argylc.Street on July '13, was convicted anil .ordered to p?y medical expenses 245. (id. « A soldier, William Henry' Lunn, cnarged with disorderly behaviour, was coilyictcd lind ordered to bo handed over to ' the uiilitary' authotities. Thonias Gray, cuarged with using obscene. language, was. lined 10s., in detank seven days'; imprisonment. .

William Hayilen, lor whom Mr. Jackson'appeared; pleaded guilty 'to using obscene language in-Sydney Street. Counsel made . a strong appeal - for, luiionl treatment., -lnspectoi; ;Hendrey pointed out-that there. ivere? two previous convictions agitih.it -accused for similar offences; Hayden was fined X 5, in default one month's ' imprisonment, and ii-as allowed 11 days m which to pay the tine. - . ■

- Charle3 Aiiislio pleaded guilty to in charge ofwillully obstructing the policewhile endeavouring to enter the Thistle Inu, and was lined 40s„ and court -cists 75.,, and was nllowcd a jveek in which to pay; - '...■ - Thomas Forsyth, convicted on two charges of breaches of a prohihiticn order issued" against him;- was-• lined '20s. ill'each casc,"iri default three'days' imprisonment. John Gray Taite, an officer in the Defence Depaitment, for whom Mr. P. AV. Jackson appeared, was charged v.'itli being the owner of a do'„' which was alleged to have attacked and bitten Philip M'Lauglilan, shearer. After hearing evidence, the Magistrate entered a conviction, and fined defendant 205.,' "with Murt costs 195., and witnesses' expenses. : . William.-Thomas "Newman, a lad uf 17, who was before tho Supreme Cocr( on Monday to be sentenced for breaking and entering and theft, and who was discharged owing to $ome irregularities in the proceedings-in the Lower Court, and. immediately rearrested, was before the Magistrate yesterday, ,\ad -wiici remanded to-appear at Carterton. t , BY-LAW CASES. Alfred Bradley was fined 205., with costs Vs., for allowing stock to wander. There were five previous convictions against accused. Paul Olson, on a similar charge, was fined 10s., with costs 75.. Otto [Crohn, defended by Mr. P. J. CUtegan, appeared to answer a charge of failing to pay a tram fare; after hearing evidence the case was adjourned for a week, to permit of certain law points being argued. Charles Hart, for whom Mr. Beechey appeared, was also proceeded against on a similar charge. After evidence lor the prosecution had been given, the accused detailed the t circumstances, and satisfied tho Magistrate that tie made, an effort 'to pay, but owing to passengers standing on the car obstructing him lie was unable to reach the conductor. He explained the whole of the circumstances to the inspector, and gave his name and address readily when asked. Mr. T ; Neave conducted the case for the Corporation. The Magistrate, in deciding the matter, said the stoi-v of the defendant appeared finite probable, 'nml he dismissed the information. The defendant was allowed Bs. witnesses' expenses. ■ ALLEGED CRUELTY TO' ANIMALS. A considerable time was taken up yesterday afternoon in -the hearing of a case brought by the Society for the Prevention of Cruelty to Animals, for whom Mr. 1?. 11. Wood appeared, against li. T. Pell, sen., for alleged cruelty to a horse. According to the evidence of the prosecution, a horse attached to an express was found to be lame, and alleged to be suffering, 'l'he society's inspector had the horse and vehicle taken round to the lainbton Police Station, where Ihe animal was seen by Sirgeant Emerson, and another official. Charles Newman, the driver, said he had called the owner's attention u> the condition cf the horj-e, and, it vas alleged, gave the owner's name as Pell. It came out in evidence that the alleged owner to wiiem he had spoken wns Pell, jun. Mr. T!. H. Wood admitted that the society had been misled, and withdrew the imputation against It. T. Pell. The cast was accordingly dismissed. Mr. von Haast conducted the defence. Charles Newman, the driver of the express in the above case, was charged with driving the horse while not in a fit condition, and was convicted and discharged.