MAGISTRATE'S COURT

Dominion, Volume 10, Issue 2920, 4 November 1916, Page 3

MAGISTRATE'S COURT

"MY SHOUT"

HOTEL MANAGER IN COURT

Jlr. L. G. Reid, S.M., presided at tho Magistrate's Court yesterday. William Doran, manager of the Pier Hotel, was charged with committing an act which amounted to treating, and further with committing an act with intent that John Barr Howe, F. G. Taber, and T. R. Burnett should consume intoxicating liquor on tho licensed premises, contrary to tlio war regulations.

Inspectro Hendrcy, who conducted tho prosecution, stated that at 1.35 a.m. on October 1, Sergeant Wade and Constable Fleming, who were on duty at that time, noticed' a light in the bar. They were able to seo. into the bar from tho street, and prcsen.ttly secured admission into tho premises. When they-got into tlio bar they saw Doran, two soldiers, and another man in civilian clothes; On. tho counter were three glasses of liquor and a pound note, and one of the men was seated on- tho counter. When asked to whom tho money.. belonged, Doran told t}ie sergeant that it belonged to ono of tho moil present, who wished to pay for the liquor, but ho had declined to accept payment, as it was liis "shout." Ho Vas told tho men were staying at tho hotel, and tho sergeant examined the bedroom book, and found the names entered as stated.

Sergeant Wade"gave evidence on the lines of the opening statement, and in cross-examination admitted that the hotel_was_ well conducted. On tlio morning hi question he could seo into tho bar from the street, and there was apparently no effort at concealment. Constable Fluffing • corroborated tho evidence of the sergeant, and this concluded the case for tho prosecution. \ For_tho defence, Mr. J. J. M'Grath said the caso differed from the "antishouting" cases recently Uefore tho | Court. Ho pointed out that there was absolutely no intention to commit a breach of the War Regulations. The placo was -lit up, the ukht-waftSman was at work, and tho police could seo into tlio bar. Mr. M'Grath went on to explain that tho threo men alleged to. have-been treated were staying at the hotel; they came in about midnight and went to tlio commercial room.- -After a time, wanting a drink, the bell was rung, but there was no response. 'They..then came down, and saw.Mr.'Doran,who was in his offico making out his stock-shcets. Doran demurred at supplying them, but eventually did so, but explained to them that_they would havo to take the liquor to tJio commercial room and consume it there. Instead of remaining in the passage, tho men followed Doran into the bar through tho swing-door, which was not locked. One of the men offered to pay for tho liquor, and put down a pound noto for the purpuse, but Doran declined to take the money, saying that ho would "shout." They were not many minutes in the bar before tho polico entered. Defondant had absolutely no intention of sorving the men in the bar. \ Corroborative evidence was given by the three men concerned, and also by defendant.

Tlio Magistrate held that treating took place in tho bar, but the offence was a technical one, and under the circumstances lie would not ponaliso the defendant. .He therefore dismissed the case!

BREACH OF LICENSING ACT.

Beattie-Robinson'plcaded guilty'to a breach of .the. Licensing -Act, in that sho was found on licensed premises at 1Q:.30..P.-.ni.... Defendant .did not appear, but--wi'ote-a letter "expressing "sortW. She was fined 10s. and costs. LOITERING IN WILLIS STREET. . Denis Foley was charged that on October 13 lie did loiter in Willis Street for tho purpose of betting. The chargo was laid'under the Gaming Act Amendment Act. Mr. H. F. O'Leary appeared for accused. Inspector Hendrey stated that October 13 was the day of tho Dunedin races, and tho defendant was about Willis Street for a considerable portion of the day, and was seen in tho com-well-known, bookmakers. Ho had Deen spoken to on several occasions by tho police, and ho admitted to the sergeant of police that ho had had one bet. Sergeant Wilcocks, in giving evidence, stated that Foley at Parliament Buildings during tho session liad become quite conspicuous as a punter. Oil the day in question a constablo was ordered to keep , the street clear, and warn 'loiterers. 'Die defendant was warned, and at about 4 p.m. lie wan seen talking, to two bookmakers. WlrGn they saw, the police thev dispersed, and defendant was fbllowcd, and accosted by the sergeant. . Defendant said he was not a bookmaker, but admitted having made one bet that day.

" On the suggestion of Mr. O'Leary the case was reduced to a'breach of the city by-laws, and defendant was convicted and fined £3, .witli costs 75., default being fixed at fourteen days' imprisonment! , OTHER CASES. For insobriety threo first offenders were convicted and discharged. John M'Ciusky, against whom thero was one previous conviction, was fined 10s., in default threo days' imprisonment, and Thoruas Samson, who liad been twice previously convicted, was fined 205., default being fixed at seven days' imprisonment. ' «

THE RULE OF THE ROAD, i The traffic regulations in respect to ! the plantation in Courtenay Place liavo been more honoured in the breach than the observance, but after yesterday probably more carc will be taken by drivers of vehicles and riders of bicycles and motor-cycles. The polico recently gave special attention to the traffic in this neighbourhood, and yesterday tile following were convicted and ordered to pay 7s. costs each for driving or riding on tho wrong side of tho thoroughfare:—Albert Adams, Ncvillo Butler. Norris Blaxall, Jack Bradley, Harold W. Brown, Michael Coleman, Lewis Gauly, Richard Hawkinson, Charles Albert Jolly, Samuel Kilgourj Arthur Morton, Albert Moore, Ernest Miles, John Rose, James Gordon Smith, Harry Smith, and William Berber Smith. BY-LAW CASES. For allowing stock to wander, Alfred Holland was lined 2s. and costs ss. Bartolo I'aino, c.hargcd with storing fruit in a, room at Rona Bay which was not clean and free from contamination, pleaded guilty through his counsel, Mr. J. J. M'Gratli, and was fined 205., and ordered to pay costs 7s. - SELLING AFTER G P.M. W. Black and Co., boot and shoo dealers, were lined 405., and costs 75., for selling goods* after 6 p.m.