MAGISTRATE'S COURT

Dominion, Volume 12, Issue 275, 16 August 1919, Page 3

MAGISTRATE'S COURT

LICENSING AND OTHER CASES A COAL STORY ' Mr. E. Page, S.M., presided over tho session of tho Magistrate's Court yesterday. Several licensing cases were heard. Frank William Bines and Leslie Oldaker were euch fined 40s. for having been found on fshe licensed premises of tho Carlton Hotel after closing hours. Alary Turner, . bar . attendant,, was charged with having supplied drink to tho defendants Oldaker and, Bines and a man named Frank Brandt; and as licensee of the hotel. Florence Paulson was the object of a charge holding her liable for the sales inado by to defendant Turner. In defendant Turner's case a plea of guilty ivne entered by JJr. J. J. M'Grabh, who explained the circumstances, on behalf of the defendants. Florence Paulson stated that she was at the theatre when defendant Turner served th(rdrinks. Tho barmaid had no authority to sell drink to any but the boarders. She had been told that there was no need for her even to 6tay about downstairs. The boarders -usually knew where, to find.witness or dofendant Turner if they wanted , anything particularly. Defendant Turner slated that. Bines and the others rang her on the telephone before they camo into the hotel, j- They alleged that they were connected with the State Coal Department, and that the 'hotel would bo able to eet coal if they could have a drink. Thinking lo ."keep in with" these people, and so do her employer a good turn, witness consented to serve them. If they had merely wrtlked in from the street, without introducing thoinsolves as they did, 6l)e would" not have served them. The Magistrate held that on tho evening in question the defendant Turner was the deputy and asent of the licensee. The licensee must, therefore, be held liable for defendant Turner's act. .It seemed the.t Turner fell into the trap that was laid, but licensing hours must be observed. Each defendant would bn .fined I'd a"d cn«-ts, but the licenso would not be endorsed. , 'On the duplication of Mr. M'Grnth, the fine in the licensee's case was increased to =£10 10.;. to permit of an appeal. A choree similar to that preferred against Oldaker and Bines was to have been preferred against Brandt. Tho police, however, notified that the defendant had not, been served with tho summons. ■' VARIOUS CHARGES. H-.ury Htighos.' who was found on the licensed premises of the National Hotel allei-...clusing time, was fined 20s. and costs. Hughber.i .'■'mes Thomson pleaded not guilty to aci '.rge of insobriety. The police evidence was that when the Accused was locked up lie was very drunk. A constable and a sergeant so testified. Thomson gave evidence in :his own behalf. He claimed to have had not more-than twli 15ng shandies and a medium" beer.'The Magistrate entered a conviction; and fined Thomson 10s. Robert Pitts, charged' .with the tbird breach of a prohibition order, .said that he was a returned soldier. His'offence was due to a cluince meeting, in peace celebration week, witli'a liiMi who had been through Passchendaele with him. Ho merely entered; the hotel. He did not get a drink, ! as a constable.was too early on the scene. . : The Magistrate imposed H 10s. fine. Gioacchino Rossini, a. registered alien, was charged with having failed to notify a change' -of abode.' Tho Magistrate found that the defendant had merely committed ' a technical offenco, He had made a laudable effort to got his registration completed. A conviction was entered, but no penalty was imposed. Sarah Eniily O'Hanlon complained that her' husband, William Henry O'Hanlon, had assaulted her, and she asked that -"'he be bound over to keep the peaco. . Mr, I'. AV. Jackson, appeared for the complainant and- Mellish for .the defendant.- The Magistrate,- qftcr hearing evidence, granted tho application. He ordered the defendant to furnish a bond of * antl a surety of like amount for. his good behaviour during the next twelve months. C. Higginson was fined 10s. and costs for having no registered number on his motor-car. ,