MAGISTRATE'S COURT

Dominion, Volume 13, Issue 50, 22 November 1919, Page 3

MAGISTRATE'S COURT

BREACHES OF LICENSING ACT

TWO HOTELKEEPERS FINED

At the Magistrate's Court yesterday, befuro Mr. E. Page, S.M., John Jason Marriott, licensee of the Western Park Hotel, pleaded not guilty to a c.h-irge of permitting treating on the premises. The caso arose out ot a prosecution which took place last month, when two young men were charged with treating. Tho men in question entered the hotel, and one tendered half-a-crown and called for two whiskies. The drinks were served and a dispute arose as to payment. The police wero called in, and the two men were summoned for "shouting." They were each fined *£1, and costs, and the polico then took action against Marriott for permitting "shouting." In tho present action the two men in question gave evidence as to tho "shouting" episode. Both men were positive that they had paid 2s. Gd. for tho drinks, and that Marriott, who served them, was not sober. Acting-Senior-Sergrant Wade stated that he visited the hotel in Te» Bponse to a telephone message, and found that the defendant was in a half-drunken condition. The defence was that the two men asked for whiskies, and one of them tendered Is., and Marriott immediately remonstrated with him, saying that it was not enough. A dispute arose, and defendant ordered the men off the premises. His Worship said that he had no doubt that 2s. Gd. was tendered for the drinks, and that the defendant apparently forget that tho drinks had boen paid* for. The whole argument appeared to be as to the amount paid, without any consideration for tho question of' treating. ' Tho defendant had borne a good reputation, and would be fined .£5, nnd coats amounting to ill 3s. A plea of guilty was entered by William Robert Morse, licensee of the Clyde Quay Hotel; "when charged with selling liquor after hours. Mr. Willis, who represented the accused, said that tho ease was not a serious one, nnd was tho outcome of (rood nature. A corporation employee had been in the habit, when on night-shift, of obtaining beer from tho Clyde Quay Hotel during the afternoon. He purchased Hie liriuor as usual on tho day on which the oifence took place, but did not call for it till late in the evening. The police cave the defendant a good character, and he was fined .£5, and costs 7s.

MILITARY SERVICE OFFENDERS. For failing to render the service required of them under tho Military Service Act, B. Clioto was fined £1, and costs 75., lan Grant '£% and costs, and John Watkins was ordered to pay costs only, 7s, A fine of .£l, and costs 75., was imposed on James Woodward, a lad of 17 years of age, for failing to register under tlio Military Service Act. Captain Bell, on 'behalf of the Defence Department, pointed out that youths must register when they attained the age of 14 years.

OBSCENE LANGUAGE. "This class of offence is becoming altogether too common, and if it does not stop I shall have to consider imposing a term of imprisonment," said the Magistrate, in fining liobert Dalziel Duncan i£lo for using obscene language. The defendant had entered the Mable Bar whilst drunk, and used the language complained of when remonstrated with for his conduct. Tho defendant was fined ss. for drunkenness.

"This is another tad case," said Sul>Inspector Emerson when 'William Richards was charged with using obscene language and with resisting Police-Ser-geant J. Sweeney whilst in the execution of his duly. The accused had been drinking witli a number of sailors, and created a disturbance on tho thoroughfare. He had bee- 'wice previously convicted for using bad language, and on this, the third offence, was sentenced to 21 days' imprisonment. On tho charge of resisting ho was fined .£5, in default seven days' imprisonment.

OTHER CASES. A plea of not guilty waa tendered by .Tames Ward when charged with the theft of a brief bag valued at 155., the property of Kathleen West. Tho accused, who was represented by Air. P. W. Jackson, denied tho theft, but admitted selling the 'bag to a second-hand dealer. Ho Btated .that ho purchased tho bag from a man in the street whilst he was under tho influence of drink. The Magistrate recorded a conviction, and sentenced accused to one month's imprisonment. A fine of £2, with costs 155., was imposed on Frank- Edward Hades, who jumped off a race train at Trentham before it hnd'stopped. Sub-Inspector Emerson stated that the Railway Department had brought the action in order to bring under the notice of citizens the danger of leaving a train whilst it was in motion. The defendant had had a narrow escape from death. Emily Foster pleaded guilty to charges of drunkenness and a breach of her prohibition order. On tho fn«t chargo she was convicted and discharged, and on tho second count was convicted and ordered to come up for sentence when called upon on condition that she remained at Mount Jlagdala Home for a period of 12 months. One first offender was fined ss. Chargre of drunkenness and of being an idle and disorderly person with insufficient lawful means of support, were denied by Ifatherine Loirise Kitts, who wits sentenced to two months' imprisonment.