MAGISTERIAL.

Gisborne Times, Volume XXV, Issue 2199, 1 October 1907, Page 3

MAGISTERIAL.

MONDAY, SEPTEMBER, 30.

(Beforo Air. AV. A. Barton, S.M,

Drunkenness—dmrles >V adman was charged with being found drunk and was convicted and fined the sum of ISs, costs 2s, in default 43 hours’ imprisonment. Two first offenders wore dealt with in the usual manner. Alleged Assault.—Thomas Gray was 'charged with assaulting Lucy Braithwaite at tho Federal Dining Rooms. —Air .T. A. Coleman appeared lor tho accused who pleaded not guilty. —Lucy Braithwaito deposed that sho know accused who was at tho Fedornl

Dining Rooms on Saturday evening last having supper. Ho was intoxicated. AVituess had some words with

another man in the hearing of tho accused. This person was creating a disturbance, and witness put him out. Accused began swearing and witness told him to keep quiot, and touched him on tho ear. Accused then struck her on the eye with his clenched fist, and broko lior glasses. Witness then sent for the Police.—By Mr. Coleman: There were about 15 persons present when the assault took place. Tho person witness put out was not a friend of accused. AVituess put her hand up to guard a second blow and struck accused on tlio face.—Constablo Irwin deposed that ho was called to tho Federal Dining Room on Saturday evening. On entering the room ho saw Mrs. Braithwaito whoso faco was bleeding. He asked her how she camo by the wound and she replied that accused had struck her. Ho asked accused whether ho had struck the lady or not, and tho accused replied that he hati done so unintentionally. AVituess then arrested accused.—George Dunn, busbman, stilted he was at the Federal Dining Rooms on Saturday night. Ho went in with the accused to have supper and after they were thoro a little while there was a disturbance. M rs. Braithwaito was putting a man I out. The accused said that if sho struck him liko that lie would defend himself. Mr. Braithwaito then camo and caught the accused by the ear, and tho accused rose up. AVituess did not see what happened then, but he saw that Mrs. Braithwaite’s spectacles were brokon.—By Sergeant Williams: AA’itness was about halfdrunk at tho time.—John Dumbleton, bushman, deposed that he saw Airs. Braithwaite screw accused’s ear, and accused put up his hand in defence and struck her on tho face.—Neville Goldsmith, and John Third also gave evidence.—The accused was convicted and fined £3, costs 2s, in default 7 days’ imprisonment. . , Selling Liquor AVitliout a Licenso. —Arthur Townloy, and Frank Lowndes were charged with selling liquor at tho Hospital Social, without a license.—Air. T. A. Coleman appeared

for the defendants, who pleaded not guilty.—Sergeant AVilliams deposed that ho was at the Hospital Social on the 20th of last mouth, and was asked by Air. Lunn to have a drink. He consented, and was asked by the defendant Townley what he would have, and replied that he would take a glass >f whisky. Ho was supplied by defendant Townley, and Air. Lunn was given a glass of beer. Air. Lunn -.hen put a coin on the counter. AVituess could not say what the value of the coin was, or whether it was put in the saucer or on the counter. AVit\ess had another glass of whisky with Mr Bell, shortly afterwards, and this time he placed a shilling on the counter for the drinks. The defendant Lowndes put the mopey. in the saucer. —Richard Lunn deposed that in company with Sergeant AVilliams he went to the refreshment booth at tho Hospital Social on the night of the 20th of August, and had a glass of beer, the Sergeant taking whisky. AVitness placed a coin into the plate which was on the counter. -He gave tho coin as a donation, not for value received.—Air. John Bell gave evidence of a similar nature. —Frank Lowndes, defendant, stated that he had charge of the whisky and beer at the Hospital Social, and had received strict orders from the committee not to serve those under the influence of drink, and also those under age. The plates were in an exposed position, and someone had taken about 8s out of one of them. He bad received no benefit in any way from the social.—Arthur Townley stated that he had charge of the oft drinks at the Hospital Social. He did not ask anyone to pay for the drinks they took. ITad received no benefit directly or indirectly.—AVilliam Webb deposed that he acted as Alas'er of Ceremonies at the Hospital Social. He had kept a, strict watch an the refreshment booths._ The spirits and beer had been given as a donation to the Hospital. No me had been asked to donate.—John Tt. Little stated that he was in charge f the refreshment stall at the Hosaital Social. The refreshments were supplied free of charge.—Addressing the Court, Afr. Coleman contended :bat there was no sale and no transaction of the nature of a sale. The practice followed at the social was allowed by section 52 of the Licen-

sing Act, 1904, so long as there was no sale. Mr. Coleman submitted that to prove a sale there must be a seller, and neither of the defendants ras the seller in this case. There

vas no obligation on patrons of the booth to contribute to tho funds. As a final ground Mr. Coleman contended that proof had not been recorded • hat defendants were not licensed to sell liquor.—Tho S.M. said that if he threw out the case on this contortion it would be necessary to try the case again 'on another set of charges.—Mr. Coleman said he .vculd press the point. —His Worship reserved judgment, remarking that he had not seen a similar case in the | courts before. Alleged Assault.— Benjamin Hird was charged with assaulting GeOrge 3u<Ul. —Mr. - Finn appeared for informinl, and Mr. Mann for accused. — Ge >t-ge C'udd, carrier, depo'sed that ho wont to Mr. White’s house for the purpose of shifting some goods.>. there being an auction sale there. He arrived at the house and found a horse and cart blocking the gatewav. He removed the cart, and the accused came out of tho house and began to threaten witness. He placed the cart where witness had removed it from, and then climbed into wituc: s’ cart. Witness jumped out of the cart and accused followed and struck him first on the mouth and then behind the ear, with his clenched fist. His ear began to bled and ae could not go among tbo ladies to get a load. He then went home.— H. W. H. Ingram engine-driver, deposed that he saw tho parties at White’s liuction sale. He had purchased some furniture and asked Cucld of he would deliver it for him. Accused, who was sitting in his cart then got out and climbed into Cudd’s cart. Guild jumped out of his cart, and accused followed and struck him three or lour blows about the head ivith fiis fists. Accused said to Cudd ‘•[Ml teach you to call a mail a son 0 f a .”—Robert Harper commissi :i agent, gave corroborative eviBenjamin Hird, defendant, | di j rosed that when ho went to get liis horse and curt lie found that the informant had moved it, and his cart was blocking the gateway. He asked him to make way and let him past but the informant hesitated. Witn< si then told him that he was in a hi ry and the informant made use of seme foul language, which caused witni s to strike him two or three times. —ln convicting the accused His Worship said that if lie was sure that tbo" language complained of had been used ho would hold that that was sufficient justification for the assault, but there was no evidenco to prove it. Accused was convicted and fined the sum of 10s, costs £2 4s, in default 4 days’ imprisonment. Alleged Theft. —Sydney Pakeniana was charged with stealing a silver hunting watch valued at £O, the property of John Adolphus West. Mr. Burke appeared on behalf of the accused who pleaded guilty. After hearing the evidence His Worship adjourned the case till the following morning in order to hear tho report of the probation officer. Old Age Pension. —A renewal of the old age pension tvas granted

Himaina Ngnrungikataoa, tlio amount being £lB. Tlio application of Joh.n Denton was also granted for £26. Ills Worship refused the application ol a well known residont .of Gisborne on tho grounds that both tlio applicant and his wife _ wore receiving freo board and lodgings. Allegod Assault.—ln tho caso of Hohipeno Niatete v Pani Erucru, of alleged assault, Mr.’W. L. llees, who appoared for tho plaintiff as'kod for an adjournment on account of ono of tho principal witnesses being away. This was agreed to, Mr. T. A. Coleman asking that tho witnesses for the prosecution bo paid exponsos. [ Claim for Wages.—ln tho caso of J. H. Galloway of Ilokinnga v. Tho Alpha Timber Coy. and IT. P. Taylor and Coy., claim for £6 9s 2d for work done at their request as commission agent, tho evidence of Hamorton Tucker, manager of the Alpha Timber Coy. was taken to tlio of feet that tho plaintiff had no instructions from him to carry out tho work for which ho claimed. The Court foes were assessed at, defendnu'hs, if successful £1 13s. plaintiffs if successful £1 Is. |