MAGISTRATE'S COURT

Dominion, Volume 12, Issue 229, 21 June 1919, Page 2

MAGISTRATE'S COURT

DRUNKENNESS IN HOTEL A LICENSEE FINED - Mr. P. V. Frazer, S.M., presided over yesterday's sitting of. .tho i Magistrate's Court. Charlotte Durrant, licensee of the New Commercial Hotel, was charged with having permitted drunkenness on the hotel premises. Mr.'O. Beere defended. Senior-Sergeant ■ Willis said that during a visit to the private bar a 6orgeant and a constable noticed a man who was under the influence of liquor. '" They drew the attention of the licensee to the man's state. Mrs. Durrant • observed, "Well, the man got no drink here." She made no attempt to have the drunken man put out, though her brother, the manager, was present; and' finally 'the Tolice had to remove tho ; man. ' They had' practically to carry hiiu.-'lie \va's so helplessly drunk. . Mrs. Durrant stated in evidence that'intil. tlie police ■ drew her-, attention' to the drunken man she did not know he was'there. _ She did'li'er'best to'assist the police in the business upon which' tliey had visited the'premises; ' After the witnesses on'both sides had : been heard, Mr. Beere submitted that there was no evidence to Show'that Mrs. Durrant, or anyone else in authority," knew that-the man'was on'the premises for a sufficient length of timo to have; got him off before the police camo on tho scene and arrested him. ■ - ; Ilis Worship said that he must find that the man was' in the bar, and .that the man was there for at least two minutes, standing right in front of tho barman, who was for the time being in. charge, and for-whom the licensee-was. responsible. Ho must find, -'also, that the barman did not'take any' steps to remove tho man. As the' licensee was, not personally to blame, ho did not pro-, pose to endorse the license, ' but to ira-" pose a fine-of £2. ; THEFT OP WHISKY.' ; '~-- Norman Bennett and' Percy were charged with having stolen four bottles of whisky, valued at -fitl3s. 9d„ the property of the Eastbourne Borough Council. Tho former pleaded not guilty, and the latter guilty. ' 1 > The police alleged that the theft hadbeen committed on the ferry boat Aorere, plying -between Wellington' and-"'Day's Bay. The whiskv was to have been delivered to anEastbourne resident. -Percy Bennett was an employee of the FerryCompany. Mr. O'Leary, who' appeared for Percy Bennett, urged in mitigation that, his, client had never previously been convicted of an offence inyolving dishonesty. The Magistrate convicted both tho accused. lined them .£5 each (with costs),■ and prohibited them from' obtaining liquor. The alternative to payment of the fines would bo fixed at-one month's imprisonment. ■ - ■ CASE DISMISSED. Edward Tames M'lean denied^a Charge of having stolen a pair of boots, valued at .£l, the property of Edward J: Urwin. M f Lean and IFrwiu were stewards employed on the Baranga. Urwin stated that the accused admitted having'sold the boots. At Napier witness had given the accused authority to make such a sale, but the. sale was. not made. It was at Wellington that the accused actually made tho sale. The accused had' no authority to sell, tho boots in Wellington. ' Witness had never told.'.-'tho accused that the authority had. been withdrawn. ..■'...

M'Lean entered the witness-box. He nllesed tint when he sold the'boots he wns under the imnrpsrioh that .'they were his'own. They looked like a pair that he hhd owned and had worn only a few times.

"I shouldn't like to convict you of dishonosty npon this evidence," said the. Magistrate. "I can only say i.t looks as if there , had been carelessness ot your part. The case "will be dismissed, on 'the understanding that, vou'pay to Urwin the sum of 103. for the boots." '

BPiKACK OF COMPANIES ACT. * The Colonial Farmers' Co-operativa Trading Co., Ltd., was charged with failing to hr.ve its. name painted or .affixed outside the office at. 142 Feathr-rston Street. Robert I'itcnithly, manager for the company, was charged, .with having knowingly and wilfully .permitted Hie default alleged in the charge against tho company. ' Chief-Detective Boddqm prosecuted, He said that the informations had been laid under sections 126 and .127 of' the Companies Act, 1908. The prosecution did.not suggest that there was anything sinister about the defendant company's default. Mr. Pitcaithly had admitted that the affixing of the' sign had been left ralher long, but he had stated that the company was expecting to move into other offices, and was putting off the painting till it had finally settled. '. The company was convicted and order T . Ed to pay costs. The defendant Pitcaithly was fined ,£2 find costs.THEFT OF'OIL. John Willows Bailey (for whom 'Mr. H. F. O'Learv appeared) was charged with having stolen a case of oil valued at .£4 45., the property of the Wellington Har hour Board. Mr. O'Leary defended. Accused was convicted. Tho Magistrate said that in fixing the penalty ho would take into consideration the fact that accused had no previous record of dishonesty, and was under the influence of liquor when the offence tt.as committed. He sentenced Bailey, to fortnight's imprisonment. ■ OTHER CASES. " . Daniel Devlin was fined 10s. for insobriety. James Hogan, a frequent offender, was convicted of insobriety. ■ He was also fined ,£3 for disobedience of a prohibition order. On a charge of insobriety, Frank DugRan 'was merely convicted. For- having used obscene language he was fined J?l. The Magistrate said that lie . did not. wish to make the penalty too- severe, as the. accused had just, recently returned .from service abroad. • • ■ William Hayden was charged with having used obscene language in-Pembroke Street,. ITe was defended-by Mr. P:- W. •lackson. Hayden admitted previous convictions for the use of bad language. The Magistrate recorded a conviction. He observed that the' language liml been used to an ancient enemy, and on a part of the road where there were few -people. Harden was fined *£2-.-

fi. A. Irving was fined -C 2 for failing to attend Territorial parades. . _.

Mr. J. B. Teasdale, J.P., presided at tho Mount Cook- Police Court ve.sterdav morning, when John Wilding Sinitli ■ ivaa convicted of drunk giness and fined- iOs., or twenty-four houir imprisonment, nnd 0110 other delinquent ..charged for the lirirt time with the same offence was convicted and discharged. .