RESIDENT MAGISTRATE'S COURT.

Grey River Argus, Volume VI, Issue 415, 10 September 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Tuesday, September £j. , (Before W. H. Revell, Esq., R.M., and J. Greenwood, Esq., J.P.) ■- Sly-grog. Selling.— J. Travers was charged with keeping and exposing for sale certain liquprs. in his house, at the Welshman's, without having a license on the 18th instant. The Sergeant in charge of the district stated that he saw in the defendant's store two open cases of porter, out of one of which hg had a drink. There were iwo men sitting in the back premises, one of whom came out intoxicated. It was admitted that the defe,nda,nt ha,d not a, license, but in crossexamina,tion. it was. proved that the offence was committed on the 19th and not on tb.e. JBth, as mentioned in the summons. On this ground, Mr Perkins applied for a dismissal of the case, which wa.s. granted. — AVilliam Card was charged with keeping and exposing for sale spiritous liquora at his store, on the Ist instant, without a license. Sergeant M'Neil said that on the Ist September he visited a store, occupied by the defendant, and saw a cask containing from seven to 10 gallons of whisky, and a, smaller five-gallon cask full, also a two-gallon keg f\ill. Under the tap of the large cask was a half -gallon measure full. He tasted the liquor in each cask, ajid found it to be whisky. The defendant had no license to sell spirits, b,ut had a business license. He was not present at the time. There were four men present besides the storekeeper. The casks were inside a small door, which was open, and exposed them to view. In cross-examination, he said it was Card's Lower Store, bnt he did not know it was their receiving store. He went into the inner room, but had not a search-warrant. He tasted the spirits withot^t being asked. He saw no drunken men about. Mr Guinness, Warden's Clerk, produced the license record, and said there was no record of a publican's license having been taken out by any person of the name of Card. The defendant had no spirit license of any kind ; no such license had been taken out by any party beyond Rutherglen. Constable Mueller proved having informed the defendant's brother that if he did not take out a license he would be summoned. He then saw the defendant on the subject in town, who promised to take out the license in a week. For the defence, Mr Perkins submitted that he would prove that the Lower Store was merely a receiving building, from which the g(,ods were packed to the stores up the river, and that the keeping of such spirits in the transit shed was not a keeping for sale within the meaning of the Act. No actual sale had been proved, and it was not denied that the liquor was there for the purpose of being packed. Alexander Croskery, storeman to Messrs Card at their Lower Store, said it was used as a receiving store for their own goods, and also those of other persons in the district. On the day the policeman searched the building he had in it about 12 gallons of whisky, but it was not exposed for sale. It could be seen from the counter. The small casks were filled up ready for packing from the large one. It was necessary to keep grog at that store to give to. the packer?, and diggers when they came down the river wet. It was nearly all given away to these men. He did not sell any liquor on the Ist. The two small kegs were sent up the river to ,the upper stores next morning. Mr Revell said the Bench were of opinion that it was quite clear the liquor was kept by the defendant. It was rather a : large quantity to keep for private use in \ a store without a license, and it was admitted th&. liquor- was, the defendant's property. The defendant would be fined £20. Charge of Sticking-tjp. — James Hart was charged, on the information of Isaac Folk, thav on the. 14tth August, on the overland road from Chris.tcluirch, he did assault .him, armed with a weapon or other instrument, with the intent to steel his goods and chattels. A remand was asked, wliiigh was granted until Saturday. civil oases. ! H. Jones v. W. H. Revell and G. j King. —The venue of this case was changed to Cobden on Monday next. R. Lynch v-. Marian Cbdyre>—^CJaim of !£3 12. Judgment by default. W. Wright v. Captain and Owners of the schooner William and Mary. — Ifhis was a claiitt of 10s, for one day^ tjb^ of a plank in landing goods; feom the vessel. Judgment for os, costs divided. Singer v. Nelson.— Claim of £2 10s, for one night's professional services,, and 4s for boat-hire. Case dismissed.

i Wernesi>ay > September & (Before W. H. Revell, Esq., R.M.) False Pretences. — Thomas Deane was charged with obtaining board and liquors , from G. P. Fellows, by means of a valueless cheque. .The complainant stated that on Saturday the prisoner came to his hotel, the Criterion, and said he would stay a few days as he thought of going to Auckland. He said he had plenty of money in the Union Bank, and would pay for what he had. He also said he had banked his- money and gold, and would pay on Monday morning. He had aboxit seven or eight shillings on him, which he paid for drinks and meals, an old account. He called for drinks for himself and friends several times, but did not pay for them;. On Monday morning he was to meet complainant at Kilgour's to give j him a cheque, but he did not come. In the eveniug he went to complainant's hotel, called for drinks for himself and friends, which were refused Prisoner then said " Give me a cheque, I'll sign it, and you tan go to the Bank and get the, money yourself." A cheque was given him, when he said, "Fill it up forLs and I'll sign it." He also said to draw the cheque on the Union Bank, as he had placed his money and gold there. The cheque produced was the same, signed by the prisoner. He then owed L2 l7s, and received no money afterwards, although he wished to borrow LI, but he received from the complainant credit on the cheque for meals, drinks, and beds, to the value of 14a 6d. When he signed the cheque prisoner was sober enough to know what lie was doing, although he had a glass or two. On Tuesday morning the cheque was presented at the Union Bank, when ( the answer given was "No account, and never had one. v Afterwards prisoner said the cheque was right, that he had plenty of money in the Bank, but he refused to go to the Bank with complainant. Mrs Lee and George Barr were present when the cheque was signed. Mr Buchanan, ledger-keeper at the Uniou

Bank, Greymouth, said the cheque pro* duced was presented at the Bank on Tuesday for payment. It was endorsed by Mr Thompson "no account." Caroline Fellows corroborated the complainant's evidence, and added that in her Iras-: band's absence she gave prisoner credit for 17s after the cheque was signed, on. the faith of its being all right. Constable . Muller proved the arrest of the prisoner at the Criterion Bfotel. The prisoner said that when he came here to go to Auckland he had L 5 3s in his pocket, which he had spent, and he had been in such a state, of drink that he did not know what he was. doing. The Magistrate said he was inclined to believe the prisoner'sstatement, "because, when he looked at the amount of liquor which, had been supplied — nearly L 0 worth — between Saturday and Monday, it was almost impossible he could have been quite conscious of what he was doing. The signature attached to the cheque differed materially from that attached to the statement he had just made, which snowed that he could not be sober at the time. He was inclined to take a lenient view of the case, in the hope that this would be a caution to the prisoner. The sentence was three 'days'.imprisonment with hard labor.