MAGISTRATE'S COURT

Dominion, Volume 13, Issue 8, 4 October 1919, Page 5

MAGISTRATE'S COURT

BREACHES OF LICENSING LAW ALLEGED

NATIONAL HOTEL CASE

Mr. E. Page, S.M., presided over yesterday's sitting- of the Magistrate's Court. Charges of selling liquor to persons already intoxicated nud with permitting drunkenness ob the Hocused premises., of tlio National Hotel, wern preferred against the .licenseo, Fredoriok Hilton. Sub-Inspector Emerson prosecuted, and Mr. P. W. Jackson represented the defendant Counsel asked for an adjournment owing to tho illness of Mrs. Hilton. No objection was offered to this, but it was decided to tako the- evidence of two members of the crew of the liner Tainui, as.the vessel is to sail shortly. Alfred Willis, trimmer, belonging to the- Tainui, said that on September 21 he, in company with a fri.end, went to tho National Hotel and called for two pints of beer, which were duly served. Witness and his friend had two pints each. Another man named Weir camo into the bar. He was drunk and the defendant refused to serve him. He was put out on to the street bv two policemen and was arrested. Witness subsequently followed the other man to the polico station . and . was arrested for drunkenness. Witness denied that he was drunk—he was quite sober and know what ho was doing. The . next morning ho signed a paper and was bailed out. He was not drunk ovon though the police arrested him. To Mr. Jackson: Witness denied that ho was drunk and that he had to be put off the premises. He was quite solicr and knew exactly what had happened. Thomas Henry Weir, fireman, belonging to the Tainui, said that he caina ashore on the date in question and consumed nine long beers, and subsequently wandered along to the National Hotel. Ho could not remember what happened after that.

At this 6tage the case was adjourned for fourteen days.

FAMILY SQUABBLE. Details of a family mangle were disclosed in an action brought by 'Lilian Florence Kubick against her brother-in-law, Edward James Itubick, and her father-in-law, Cornelius John Kubick, charging them with assault. Complainant stnted that the senior defendant accused her brother of having been in gaol. Words followed, and her father-in-law wont out but returned again later under the influence of liquor. Itubick junior taxed complainant with having accused him of Blealing certain picture postcards. Complainant denied this, and Itubick junior then struck her on tho chest, arm and throat. IhYbick senior then joined in, and both continued to strike her. Complainant's child then ran off to tell her grandmother. Both defendants made uso of obscene expressions to her. Complainant then collapsed. The defence was a denial of tho assault, Itubick junior stating that complainant had attempted to strike him with a chair and ho merely caught her by the wrist to check her. The senior defendant gave evidence denying tho allegations m ado by his daughter-in-law. He told his son t that his daughter-in-law had made certain allegations against him. Ho denied that he mentioned anything about distributing immoral postcards.

After reviewing th? evidence His Worship held that the prosecution had not established a case, and the informations .would bo dismissed. No costs would bo allowed.

Mr. J. H. Scott appeared for tho complainant and Mr. H. F. O'Lcary for tlio defendanti.

ASSAULT CHARGE DISMISSED. A native of India with no other namo but Soma took action against Clarenco Moore for alleged assault. The informant alleged that on September 10, whilst at tho fruit market, the defendant throw somo putrid fruit at him. The defendant denied having thrown any fruit at complainant. Soma attempted to get defendant to fight—in fact, he actually struck defendant. In answer to tho Magistrate tho defendant said that ho 'did 'not see; anything of the fruit-being thrown nor was ho aware that any had been' thrown! Ho knew nothing of tlio alleged assault at all. After hearing the evidence His Worship dismissed the information.

MAINTENANCE CASE. When Norman was charged with failing to provide his wile and her two children with adequate maintenance, his wife gave ovidence thai- W bad deserted her and had only given her £1 lor maintenance during the post' Vi months, further evidence was given that when the accused went away ho drew .£2l from tho Public Trustee ana left for Tort Ahuriri. His Worship ordered defendant to pay ■JCI a week and cosis.

OTHER PROSECUTIONS. Arthur Tongue pleaded not guilty to o. charge of being an incorrigible rogue with insufficient means of support. He had been previously convicted of being a rogue and a vagabond at Auckland and was there sentenced to my months' imprisonment. Police evidence was given to tho effect; that the accused had not done any work for the past. 12 months and was living with a woman of questionable character. This women had endeavoured to gc"t rid of the man, who was causing her considerable trouble. Tho police had been called in to eject him, and his general conduct and mode of living ana his reiusal to obey police instructions resulted in his apprehension on tho above-mentioned charge. The accused was dragging the unfortunate woman down to the lowest. His Worship sentenced accused to three months' imprisonment with hard labour.

Blizabpjh Phillips did not appear In answer to' a charge of Sunday trading, and in giving evidence on the matter Constable John Devino said on' Sunday, September 14, ho saw a boy leaving deferiuant's shop with a bag of sweets. Uo took the boy back to tho shop and the defendant admitted having served him. A fino of £1 and costs 9s. was imposed. Military defaulters were dealt with as follow: David and Jack M'Allees, each lined .£2 and costs 75.; H. F. Williams, fined 30s. and costs 14s. Gd.; E. A. Kruger and A. Hislop, each fined £1 and costs Vs.

A plea of guilty was entered by Charles Wm. Hobday, who was chnrgod with boarding a tram without a ticket, travelling on a train without paying his fare, and with boarding a train in motion. On behalf of the defendant, Mr. H. F. O'Leary said that his client lived at Ngaio mid had been unable to procure a ticket, so he boarded the train as it was moving oil'. Defendant was fined £1 Mid costs for boarding the moving train and ordered to pay the fare, and was convicted and discharged on tho other charges.

David GJliehnn waj convicted and die. charged on a charge, of failing to see that tho numbers on liis motor-lorry were easily distinguishable. On a charge of driving over tho Davis Street level crossing when a train was approaching, Prank Cole was fined XI uud costs £\ lis.

When asked to explain charges oi drunkenness, resisting the police, and of using obscene language, Itobort Wilson Kutherford said that ho could not remember anything about it. He admitted that he must have been very drunk. Arrested for drunkenness Rutherford commenced to resist violently, and Constable Devine had to use- force to convoy him to tho lock-up. It was during the journey and tho mcleo that tlio accused used the language. Tlio accused, who was a ship's cook, was made the subject of a prohibition ordor and was lined ,£1 on each charge.

Joshua Edj admitted charges of drunkenness, assaultiuj Arthur Whiting and of resisting Consume 0. G. Thompson. It appears that lido struck Whiting without provocation, and when he ivm arrested ho resisted and had to be handcuffed. Tho acctued was fined JUS for assault, £1 for resisting tho police, and ss. for dninkcnne.%.

Convicted and di.:cliarccd for. drunkenness, Herbert Eolwrt Greenwood was ordered to pay police and medical expenses' amounting to JO, ss. Similarly charged John Roberts was fined 10s. Four first offenders were fined 10s. each, one was fined 55., and one was convicted and discharged.