MAGISTRATE'S COURT, HOKITIKA

Hokitika Guardian, 12 August 1920, Page 3

MAGISTRATE'S COURT, HOKITIKA

THURSDAY, AUGUST 11U.

(Before T. E. Maunsell, Esq., S.M

The police charged a young man with throwing a stone on the residence of an old man at Woodstock. Tlie defendant by lotter admitted throwing the stone. Sergt McCarthy explained that he had brought tho charge as a warning against future occurrences to prevent annoyance. Convicted and fined 10s with costs 12s.

Tho Borough Inspector (Mr Bark), charged four lads, M. Olsen, S. Breeze, P. Duncan, W. Hall Jnr. with entering the billiard room of P. Stephens, unaccompanied by their parents or guardians, being under the age of 18

years. Defendants pleaded guilty. The Magistrate stated the cases had been brought as a warning. They would be dealt with leniently on this occasion. Each would be fined 5s and costs 7s. Police charged a resident of Rinni With being on licensed premises, (Empire Hotel Kanieri), during prohibited hours, (Sunday 25tli July), and also a resident of Hokitika, was similarly charged. The first mentioned did not appear and the latter stated he had gone in on business and had a drink there. His Worship said he did not see any reason to disbelieve the evidence of the latter defendant, but the fact remained that lie had a drink. Both defendants would be convicted and were fined 2(ls and costs 7s. The police charged Elizabeth Head, licensee of Empire Hotel, Kanieri, (Mr Wells) with selling liquor during prohibited hours, Sunday July 25th., A plea of guilty was entered, Mr Wells making an appeal for lenience. Sergt-. McCarthy said he did not wish to plead for a heavy penalty, as tho hotel was well conducted. Convicted and fined 40s and costs 7s. Thomas Williams of Blue Spur was charged by the Truant Inspector, (Mr White) with failure to send liis two sons regularly to school. Convicted and fined £1 on each of two charges, with costs 7s. The police charged William Hall, licensee of Dunedin Hotel, (Mr Murdoch) with selling liquor during prohibited hours. Mr Murdoch pleaded guilty to selling to three men, one of whom was a lodger. To two other charges arising out of tho same circumstances, a plea of not guilty was entered, and also of selling to three persons, apparently under 21 years of age. Six young men were charged arising out of the same circumstances, all with being on licensed premises during prohibited hours, three of them also being charged with being under 21 years of age.

Sergt .McCarthy stated at 10.30 p.m. on August in company with Constable Quinn he had entered the Dunedin Hotel, and found the six young men in the hotel with drinks in front of them. Mr Murdoch led evidence of two of tho defendants chargqcj with being on licensed premises and that of W. Hall, the

licensee. The latter admitted selling the liquor, but was of opinion the three young men were of age, though he thought after he had served one, that perhaps be was not 21 years of age. His Worship in giving judgment found Hall guilty on selling liquor after hours. He was. convicted and fined £5 and costs. The charges of keeping open and allowing consumption were allowed to be withdrawn. On the charges of selling to persons under 21 years of age, a. conviction was recorded and a fine of £3 and costs 7s in one case, the other two being convicted and discharged. In the cage of the three young men

under 21 years, two were fined 20s and costs 7s and ip one where a. plea of being a boarder was made and accepted, the charge was discharged. Three other men found on the premises at the same time were convicted of being on licensed premises after hours and fined 20s and costs 7s.

OTHER CHARGES. The police charged an offender with being on licensed premises (Dunedin and Masonic hotels) during prohibited hours and refusing to give his proper name. Defendant did not appear. Evidence was given by Constable Quinn and Sergt. McCarthy. Convicted and fined 205., and costs 7s; 40s. and costs 7s; and 405., and costs 7s on the several charges. Tlie Police charged an offender with being on licensed premises (Masonic Hotel) during prohibited hours, who did not appear. Sergt. McCarthy gave evidence and a conviction was recorded ami a fine of 40s. inflicted.

DEFENDED CHARGES. The Police charged James Johnstone (licensee of Commercial Hotel) with allowing liquor t<> be consumed, exposing liquor for sale and keeping premises open and selling liquor during prohibited hours; Florence Johnstone was charged with exposing liquor for sale and supplying liquor after hours. Also a young man was charged with being on licensed premises during prohibited flours, the date being fith, June about 8.30 p.in, Mr. Murdoch appeared for the defendants and pleaded not guilty. Sergt. McCarthy prosecuted on behalf of the police. Evidence was given by C. J. Sellers, Constable Quinn, Sergt. McCarthy, The evidence frp- the prosecution disclosed (hat when the police entered by the hack way of the hotel, there were three men at he bar slid® ia the passage with the slide open and liquor in view. One witness stated tlupe were two glasses with froth in and the police witnesses stated there were three glasses with froth at the bottom. Mrs Johnstone stated she had no explanation to

make, Tills was the ease for the prosecution. Mr Murdoch outlined the defence and called Mrs Johnston. His Worshop said lie copld not see how a conviction of a sale could he uphold as wag no, evidence of consumption. Mrs Johnstone gave evidence that the house was locked up and no one in hut boarders. Went into the bar to get her shoes that slip had left, Howell camp in and delivered a message, Also Sellers and Wesley. The latter came in to leave the key of the loose box. The three empty glasses on the slide were brought out of a parlor by a lioardei. She did not know what had been in the glasses. She did not supply any liquor except to hoarders. She did not know where the third glass came from. She served the two hoarders with drinks, after the three glasses had been brought to the bar slide by the boarder. I

James Johnstone (licensee) gave evidence that he had sent Dowell in to his wile to arrange for a ear. Wasley brought in tlie key of tho loose box overy night. He did not know what took place in tlie hotel that night. This was the case for the defence. His Worsip in giving judgment said the charge of selling must be dismissed, as there was no evdence of sale. On the charge of exposure, lie presumed that there was an exposure for sale. The licensee must not oxpose liquor more than was necessary ior a legitimate sale. Mrs Johnstone stated that she went into the bar to get- her shoes and failed to close it behind her, and there was the further fact that she had ft conversation with .Dowell for ten minutes or a quarter of an hour, allowing tlie liquor to be exposed unduly. A conviction will be entered on the charge / oi exposure and the others will be dis- I missed, a fine of £3 and emts 175., | would be inflicted against Johnstone and the other charges would be dismissed.