RESIDENT MAGISTRATE’S COURT.

Evening Star, Issue 3662, 17 November 1874, Page 2

RESIDENT MAGISTRATE’S COURT.

Tuesday, November 17. (Before J. Bathgate, Esq., E.M.) Drunkenness —Ellen Donoghue and Mary Da ey were let off with a caution ; Robert IN elson was lined 20s, with the option of six nays imprisonment Alleged Fraud.- Wra. John M'llroy was cuarged on warrant with having, at Lvt teiton, on October IS, obtained from one Martin Finn live LI notes by means of false was adjourned from yesterday till two o’clock pretences, Mr Bathgate defended. The case to-day pending the arrival of the Maoriaccused having been reminded to Dunedin Irom Christchurch in custody.-Mr Bathgate having mentioned these circumstances Mr Stewart reminded the Bench that there was an adjourned case which would last tor an hour and a-ha'f lixed for two o’clock. Mr E. Cook, who appeared ror the proscc 1tion, asked that the case be adjourned till next day, so as to save a further adjournmeut. Accused could not be prejudiced, as he could lind bail. The case would likely be a long one. —Elis Worship decided to adjourn the case till two o’clock, but it lucl not commenced by half-past three. ~ ' 'O CKS William Myall and 1 lump diaries Lee, two young lads, were cacti charged, ou the information of Robert is; own, draper, George street, with having, on November 3, stolen from his »hop door two pan e of woollen socks, 01 the value of os bJ. Mr Harris defended.—Prosecutor mjseed a bundle of socles, containing six

pairs, from his shop door on the evening of toe 3rd iu*t. The mutter was reported to Constable Bain yesterday, and from iuforma*tiou received he asked the accused what they had done with the socks stolen from Mr Brown’s shop Each admitted having two pairs of socks stolen .from the shop in question, and.said they had thrown the rest of them behind the store of Mr Curie, George street. The hoys said they had got the socks from one Humphreys, who had stolen them.—Mr Harris submitted that atthe worst the charge against the accused should only have been of receiving the prop-Tty knowing it to be stolen. The facts, as he was instructed, were that the accused received the sock- from Humphreys, and afterwards hearing that they were stolen had thrown them behind Curie’s shop —HD Worship said that while not intending to convict the accused of theft t mre were very strong circumstances of suspicion against them, and although he dismissed the case they did nob leive the dock with clear characters. Thu story of the purchase wailconsistent with the tact-, and he could not believe it for a moment. . Ho won d exercise the power given to him under the B~ n I section of the Act. an I di-miss the charge in the hope th it the parents won’d give the lads a good sound Hogging. Had he sent th- m to gaol he would at all events have ordered the youngest to bo thrashed, a d it was for the father to supply that want

Toll Evasion. —John Hall was charged, on the information of William Mntny \o 1keeper at the Water of Leith toll-bar,’ with intentionally evading payment of toll on ovember 4. Mr Stewart appeared for in f -rrannfc, a.d Mr Harris defended. On the Hy in question defendant, when one block (list*nfc from the tod-bar, and g ing north ward witn twenty she. p, li ft the main road, and by going by a round .about way uve; tb.e lulls, evaded toll pa-.ment, and, afre: • assmg Ibo toll-bar, again went on to the main rmd This was the second charge of the same nature brought against defendant. —Mr Harris submitted that before, there c mid be a breach of, the Ordinance, defendant must go on to private prop. itv! and leave a public road ; but here accn-d----iug lo intorm.uit’s showing, he had never gone oil the public road —His Wo'shitagreed with Mr Hams’ - interpretation of the law, and dismissed the charge. 1 LWiNii Billiards ix \ -locse.—James -'cardan, of King street, was charged with a breach of the Licensing Ordinance in allowing a game of billiards t-> take place in bis licensed bouse aft r the your at night for which he held a license, vz., ten o c ock. >he case was brought as A t 08 " cas ’v Warns, in admitting the oharg-, said the game was played without a*‘feu ;ant s knowledge. He C'>uld safely 5- ay, ni bout fear of contradiction, that theolF.mce was a common occurrence in nearly every hotel in town where t!;e e*waa a billiard tabl-, iheref re defendant was no more to blame than the others. —His Worship said it was quite clear that no licensee could have a billiard table without permission, and in the next p ace, could not allow billiards to lie played during such hours as 'his house Was not permitted to be kept open. He wondered why bild rd tables, which were a source of amusement and perhaps of skill, were always pi ced in hotels. Section 39 had been contravened, -but as it was only a test case he would only inllict; a nominal penalty. The law was imperative, “except during • uch houis as the hotel i-, open fm* the sale of liquors” -Mr Ham?; I understand that the licensed victuallers are uudur the impression that all licenses granted at' the last Louft aie in force up to twelve o’clock. ins Worship : For that th ?.y require a nigiit bcetise in the terms of the ■ refinance. Mi Harris : a don t think one house in town applied a night license ; but all keep open.—His Worship: That can b. easily rectified. dhe licensing meeting comes on in a few days.—Mr Harris : i-eeii.g ih.at the hotels are allowed to keep open till twe ve, and no night licenses were granted, why are pioceedings taken for keeuin-* a billiard ro m open after ten ? In answer*to the Bench, defendant said he had on a former occasion applied for a night license, but it had been refused.—Defendant was hued 5s and costs. Hii Worship avid those desirous of having a night license would have an opportunity of applying for one, but he could not say they would be granted indiscriminately.

Sly Grog Traffic. _W, n . Hall, of Bristol House, was char ed ou the information of Philip Ritchie, with sel iug a bot le of porter he not being a person duly licensed.—Mr Harris defended. Informant said that at 11 p m on the night of the 28th nit. he went to defendant’s house in Cumberland street accompanied by Walter Devlin and ’one Austin. Devlin paid half a-orown for the porter, and s xp-nce for a glass of wine for Austin, a Good Templar.— Austin not answering to his subpee a, Mr Harris aophed for a warrant for his apprehension. The case was adjourned for a week, in order to enable Austin to appear ; a warrant to issue for his apprehension if he did not then appear.