RESIDENT MAGISTRATE'S COURT. This Day.

Evening Star, Issue 3069, 19 December 1872, Page 2

RESIDENT MAGISTRATE'S COURT. This Day.

(Before I. N. Watt, Esq., R.M.) ILLEGAL POSSESSION OK MONEY. William Blair appeared, on summons, charged with having monies to the amount of L 22 ISs 6d, and other effects, belonging to the Star of Otago Lodge 1.0.0. F., in his possession as secretary to said Lodge, and with refusing to deliver said monies and effects to the Lodge as directed by the rules and officers of the Lodge. Mr Stout appeared for complainant. Defendants admitted having monies belonging to the Lodge, but wished to have time to go over the book in order to ascertain the exact amount owing. Mr Stout remarked that the books were in the Court, and it would be an easy matter to ascertain the amount required to be paid by defendant to the treasurer of the Lodge. The defendant then said he would admit judgment for the amount mentioned in the information, and asked for time to pay it. Mr Stout asked the Bench to make an order under the 33rd section of the Friendly Society’s Act. 18(37. His Worship ordered payment of amount stated before Tuesday next, or, in default a penalty of 15, with the alternative of one month’s imprisonment with hard labor.

SLV-OROG SELLING. John Golden appeared, on summons, charged with having, on Saturday last, sold fermented and spirituous liquors without a license,—-Mr Bathgate appeared for informant. and Mr Stout for defendant. —George Lamb, revenue officer, said that, on Saturday evening last, he was in Filled street, and observed a lad coming out of defendant’s house with a quantity of beer and brandy. He tasted the beer, and seized the brandy, after the lad said he had purchased them from Golden.—Joseph Hanken said that, on the evening mentioned, he purchased at defendant’s shop sixpence worth of ale, and one shilling’s worth of brandy. Golden was not present at the time, but his wife supplied the liquors,—Mr -"tout argued that the information must be dismissed, as it had been proved that defendant was not present when the articles were sold. Information dismissed.

Lumb v. Wilson.—The defendant was charged with knowingly or negligently permitting to be sold in his premises, on the North Dunedin Recreation Ground, on the Uth November last, a quantity oi fermented liquor, called ginger wine. Mr A. Bathgate appeared for the informant, and Mr Harris for the defendant.—Mr Harris said there was no offence committed under the information, and therefore the information was bad, and quoted authorities tothat effect. His Worship said it could be amended. Mr Harris was willing to rest the case on the information alone, and his Worship could inflict what penalty he thought proper, and then he would appeal, for he was satisfied that the information was bad in law, and he objected to any amendment.—Mr Bathgate said that the words ‘‘knowingly or negligently” in the information were in accordance with the Statute,—His Worship said he had power to alter or amend the information by striking out either of the words “ knowingly” or “ negligently” at any time before the informant’s case was closed. Mr Bathgate asked his Worship to strike out the words in the information “knowingly or ” —Mr Harris said that in a ease of this kind, the informant should be made to find securities before the case was proceeded with, for any costs that might be given against him —for costs were given against him in other cases, and he, the informant, had turned insolvent. —G. Lumb, the informant, said that on the 11th. hTovemV>er last he was at the North Dunedin Recreation Ground, and was asked by a person named Denis M'Brcarty to go into a tent kept by the defendant to have some refreshment. On going in, a young woman, servant to Mrs Wilson, was opening a bottle of ginger-wine, and be said she had better not do so, for she was liable to a penalty for selling ginger-wine. She said “Never fear.” The bottle was opened, and he drank some; a person named Henry Goldsmith paid for it.— By Mr Harris : Wanted either tea or coffee, but was over ruled to take ginger wine. Was sure it was ginger wine he had.— Joseph Haigh was one of the committee to carry out the sports on the 11th November last, and collected from Mrs Wilson the sum of ‘2s 6d for the use of a portion of the grounds on that day. By Mr Harris : The money was paid to him by a young woman at the request of Mrs Wilson. — Denis Mcßreaty was with Lumb on the day mentioned in the information in Mrs Wilson’s tent, saw no ginger-wiuo sold ; saw Lumb drinking something, but could not say what it was ; did not hoar Lumb caution anyone not to open a bottle,—By Mr Harris : Saw no spirituous liquors in the tent.— Henry Goldsmith was in Mrs Wilson’s tent on the day mentioned in the information, and asked Lamb to come into the tent, at the same time saying there is no hard stuff here. He said, what are you drinking ? What is to be had ?” I said, “gingerbecr, tea, coffee, &o.” Did not see Lamb drink any ginger-wine, Did not pay for any liquor. This closed the informant’s case. —Mr Harris said he would not say anything.—His Worship commented upon the lapse of time between the time the offence was alleged to have been committed, and the time the information was laid, and dismissed the case. Mr Harris applied for costs. —Mr Bathgate opposed the application for costs. —His Worship said lie would allow costs, in consequence of the informant not having laid the information sooner.