RESIDENT MAGISTRATE’S COURT.
Tuesday, January 20. (Before J. Brown, Esq., and J, Black, Esq., J.Ps.) Sly-gkoo Selling, —George Dryden, storekeeper, was charged by George Lumb, Revenue Officer, with having, on Sunday, the 11th inst., then being holder of a bottle license, unlawfully, knowingly, and negligently permitted to be sold, on his’premises,' situate in Russell street, two bottles of fermented liquor, called ale. Mr Harris defended.—George Davidson, licensed victualler, residing in Russell street: On the 11th inst.! several- persons came to my house for liquor, but I refused to supply them. A little girl came to my house on that day and asked for a quart of beer. I told her I did not sell it on Sunday,, and sent her to Dryden’s store, telling her she would get it there. I saw her come out with a gin-bottle and a champagne bottle. I asked her to let me see them. The bottles produced are those I got from her.— By Sip .Harris: I have been in the hotel for rune How long is it since you were befqre —I decline to answer that question. How often have yon been .cohviqtefl for drunkenness ?—I decline .to answep that question. ' I had previously sold beer to tlje little girl'qn a Sunday but knowing it is wrong ! (fo uptiptepcr tq do so anymore.—Mr Harris s I see you are getr ting moral now.—(Laughter.) On this Sunday afternoon, I might have sold liquor. Mr Lumb laid the information; I do not know at whose request.—Mr Lumb recalled. By Mr Harris ; •You said from information you received, in ypur rambling statement just now, that you hud |§is information. Now who told you about this ?—Defendant himself. He said that he had spld sQnpe beer, and had been picked up by Dayidson while doing so.—Mr Harris: I don t charge yon witbuoiug anything improper m this case. Lumb : I am 'very glad to hear it.--(Laughter.)—Joshua EcqLbs; I was in Davidson’s' bar on- the llth inst. I looked through the bar window, and paw a little girl n?i ino i. °f Dryden’s store with two bottled.' Ihe bottles produced are those which she hud. By Mr Harris: I am the owner of the hotel.— David Corsair: On the llth inst., I sent my girl to Davidson’s hotel for beer, but she did not get any. I then instructed my wife to send her to Dryden s store. She, did not bring any back. By Mr Harris: I always sand her to Davidson’s. It was in consequence of her not being able to get the beer there that I> sent her to Pf,y den’s. I went to see. Mr Davidson in the Aveuifle; Some persona got served with brandy whye f. there. Davidson gave as his reason for not servjng my daughter that he wanted to catch Dryden sipqg.--Isabella Corsair, a little girl about seven years of pge,, made a statement. She said her father sent her to Mr Davidson’s for a quart of beer on the llth inst. She did hot get any there, Davidson saying that the pumps were not on. Her mother then /u herto Mr Dryden for it. She gob it; and Mourning Davidson took the bottles from her. never told her to go to Dryden for it,—Mr Harris ou ght from what had fallen! from Davidson,-his proceedings had beeen disreputable. Lump appeared, to have fulfilled his part of the work as .a iqatW,q£ duty.' Defendant, being a respectable man," pad got ! a. buttle license, which annoyed Davidson,' ivho determined to lay a trap to catch him. The' •jrit>>flss Corsair proved that he had always been' aplp tp get beer from Davidson on a Sunday'for his dinner, that up to this time it had: never been refused.! other motive could Davidson have bad hut a/jbf-d p»e in sending, her,' as he says, to Dryden’s? if appeared clear that however wrongDryden’s conduct had been, Davidson’s hud been worse, The circlinjsfanQes were that the_ little girl Corsair went to Mrs Dryden and said Davidson’s pumps were bad. Jn consequence of the Circumstances she gave her the fleer, This was the first time she had done so, -H e the Bench would not impose more than nominal fine.—The Bench considered that so far as Luipb was concerned ho had only performed his* duty in a rigid and proper manner, but that defendant had been e “trapped. Still there had been a breach qf the Ordinance. They would therefore inflict the smallest, possible foe, #3 and costs.—Mr |/un)b allied for costs of spffo&isee.—Mr I
Harris Eccles’s evidence was valueless ; while Davidson, had clearly„put himself out of Court by his own admissioh-of having sold liquor on a Sunday. The Act .rendered him liable, if Corsa'ir chose;tO/go to law, and he hoped such would be done.—The Bench refused to allow either Eccles or Davidson costs,\ but-granted them'td Coisair.:, . \ W hat Constitutes an ’. • Obstruction ■■■ i— i Joseph Gregory, of Elm Row, being the hdlder of a bottle license* was charged with having, on* the 27th December last, unlawfully obstructed George Limb, Revenue Officer,-1 while searching his premises.— Mr Branson for complainant,_ Mr Harris for Branson maintained that an obstruction did not need to be in the shape of a door or anything temporary. On this occasion the obstruction was in the shape of a ferocious bulldog which defendant had let loose —an animal calculated to materially obstruct a revenue officer if he had weak nerves. Fortunately informant was very . gallant, and notwithstanding this noble intimidation lie continued his search. The informant’s authority had been looked, upon-with contempt, but.ho (counsel) thought that anyone who did his duty under the Ordinance should be protected, and not subjected to such intimidation and resistance., 1 . The Act: rendered anyone obstructing a Justice of the: Peace or public officer while in the execution of. his public duty, liable to: a . penalty of . not more than L2O„ George Lumb produced his Certificate of ap-' pointment as revenue officer. Defendant is the holder of a bottle license. On the 22nd December, while going his rounds, lie went to defendauts stdre and* toldhim lie goinsr to: inspect it. He said, “ All right,” and went round to the back and got a ferocious bulldog, which had been chained iip. He brought it round, and holding it in h' menacing manner,! said, This is my protector,” at the same time inciting and clapping the dog. ' Witness, went through the house, and on getting into a: passage about- 2ft bin ■ wide;the ■ dog was at his, heels, looking ferociously, and as though he’ were anxious, to; bite him;.but restrained by defendant.—(Mr Harris : Then did he speak to yon?)-Nq;,buk he,,wopldhave liked to havtf Before leaving, witness told de-| . fendant he would let him hear more about this and accordingly made a statement to the Provincial Solicitor, and the matter Was afterwards bibught Up before the -Executive ) ‘hence the action.- Defendant did 'not T objectto his going through, but r-aid he had once stolen a cask of beer, and had not yet settled for it.—By Mr Harris He had once taken a cask of ale which action thelawuftenvards declared illegal, and he took the protection of the law, to evade payrnent,. He considered he wad doing his duty .when he did so.' Implicit obedience to my superiors” was his motto, Mr Branson : Now, tell me, do you think this ferocious motriter would have ’prevented- a weak-minded map going through 1 the premises ? —(Laughter.)—l should think it would.*-. Well, was he an 'ugly customer to come in contact with ?•—Yes. Though he did not frighten me he might have done so to a dozen, others.—By Mr Harris : Defendant’s menacing and intimi* dating conduct was my _ reason for bringing this action. Defendant said if I touched anything he would set the dog on me.—Mr Branson J WeU, y°u_thought itiprudeut not to touch any* thing?— Yes. I know that necessity -is the mother of invention. Then this atrocious animal, - though, not in the, store, was--on the premises’ —He was in the. back yard. As the Licensing Statute is Government machinery, and I am a Government officer; I considered I had a perfect right to take advantage of that statute and go over the premises of any licensed liquor-seller, even though they extended over fifty acres.—(Laughter ) I acknowledge having gone into defendant’s yard. —Mr Hama, had remarked in the last case that , r . , u ! n k had only fulfilled his duty, in saying winch he was paying him a compliment, but there had been many cases brought before the Court, m which he had exceeded it. In 1871 he forcibly entered the shops of several persons and removed casks of ale in a cart. He might say that he took this cart around with him and seized these casks. Gregory, being one of those so seized upon, brought Lumb before the Court, when it was found that ho had acted illegally, and was adjudged to pay the value of them, but not: being worth anything he put himself through the Court and the store-keepers lost their goods. Defendant’s reason’ on the present occasion in carrying the dog was to prevent Lumb from repeating such a course.—Gregory then commenced to make a statement similar to that of oqunsel, but Mr Branson objected unless he were allowed to reply ; but the Bench considered that there had been, no obstruction and dismissed the case.. Wednesday, January 21. , (Before A. C. Strode, Esq., R.M.) Goodall was'fined os, or 24 hours’, imprisonment; and. for using obscene language, 10s, or 48‘ hours,’ David button, was fined ss, or 24 hours’: and for assaulting Constable Anderson,: 20s. or 48 hours’. ’ Breach op the Peace.— Zaohariah Lanertby, for making a disturbance in a public place, was fined 10s, or 48 hours’. ■ - CIVIL CASES. Parnell v. Fihisterre.-Claim, L2, for one weeks wages as cabman.—Mr E. Cook for defendant.— Judgment for plaintiff for Ll, each papty paying half costs,
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Evening Star, Issue 3406, 21 January 1874, Page 2
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1,650RESIDENT MAGISTRATE’S COURT. Evening Star, Issue 3406, 21 January 1874, Page 2
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