MAGISTRATE'S COURT, HOKITIKA

Hokitika Guardian, 6 October 1920, Page 2

MAGISTRATE'S COURT, HOKITIKA

WEDNESDAY, OCT. 6. (Before T. E. Maunsell, Esq., S.M.) i • i LICENSING ACT. The Police charged Hannah M. Hall, of the Occidental Hotel with selling liquor and exposing liquor for sale, during prohibited hours. Mr Murdoch who nppeared for the defendant, pleaded guilty and made an appeal on her behalf. Sergt. McCarthy said the offence took.place at one o’clock in the morning on the night of the Diggers’ Presentation Ball. He found six men in the liar, with defendant in charge, and live others in the hotel. He considered the offence a serious one. The licensee was away at the time, Mrs Hall having authority to carry on the hotel. John Vine Hall, licensee of' Occidental Hotel, was also charged with selling liquor and exposing it for sale on the same occasion. Mr Murdoch for defendant, pleaded guilty. His Worship heard the defendant’s explanation that he was away for 12 weeks at the time, owing to the doctor’s orders, and knew nothing of what had occurred in the hotel. Mrs Hall also explained the facts of the occurrence on the night in question, which Sergt McCarthy later endorsed. His Worship said he could not shut his eyes to the facts that had been adduced proving a serious offence had been committed. He would not endorse the license on this occasion, but on a future conviction an endorsement would follow. He would convict J. V. Hall for selling liquor, without fipe. ' Mrs Hall would be convicted for sup- ' plying liquor and be fined £lO and costs 1 7s. The other charges were withdrawn by leave. CHARGE OF ASSAULT. Fred Newman (Mr Sellers) v. Ernest 1 A Appleton (Mr Murdoch) a charge of * assault. A plea of not guilty was ’ entered. > Fred Newman deposed h e was the ’ plaintiff, and resided at Kanieri. On 1 20th. Sept, about 1 p.m., saw.defendant 5 near Mr Foote’s whitebait trench and\ asked him what was his authority for f stating witness had sent in letters to r the Acclimatisation Society about opos- ? surns . Defendant said there had been enough talk and now he.,had better put them” up. Defendant then struck witness who was sitting down on some . sacks. He struck him in the ribs and face. He then caught hold of witness by the shoulders, and rolled him into , the water. When witness got up on ’ the bank defendant rushed him aymn. 1 He then accused witness of having, at r thejake, opossums skins in a- bag, on 2 one occasion. To Mr Murdoch—When lie was ln- ’ j„g at Lake Kanieri he made his , living out of the hotel. He had nevei ~ anv opossums skins found in his 3 possession. Was at Lake Kanieri for s about 18 months. The only dispute . he had with Appleton was that he bad B said witness was responsible for the e writing of a certain letter. Witness r was quite calm when he spoke to Appleton on the 20th. Sept. -Tile frri thing Appleton did was to strike v itness”under the ribs. 'He stooped down to pick up a stone, but Appleton caught hold of him and stopped him * netting hold of it. After the- assault > Appleton said “Hoflley would smash ' yon, Holley will crash you.” Had no grievance with Holley or witness w ith 1 Holley. , 1 James Foote gave evidence that at lur * whitebait trench Newman came along ' and sat down. Then Appleton came ? along and Newman said he wanted to ’ ask Appleton if it was true that lie 3 had said that he wrote a certain letter. Appleton wanted to fight then, lnit Newman said lie only wanted to ask r question. Appleton then hit Neuman Witness went on to the trench, 12 feel away. When he looked round saw Anpleton who had hold of .Newman by the s’honlcfera and gradually forced him into the river, where he held Newman under the water for a couple of seconds. Then he let him go, and Newman crawled up the bank on his hands and knees. Appleton wanted to continue the fight. - Defendant was married to One of witness’ step dough tors. To Mr Murdoch—Had a dispute with \ppleton over a whitebait trench of witness’ wife. (Saw Se|rgt. McCarthy about it. Do not know the result of his decision. Was on friendly terms with defendant. Heard Applenton, sa v to Newman, “Put that down.” Ho did not look round to see what hr meant because he was not interested. Witness did not intervene owing to the state of his health. This was the case for the plaintiff. For the defence Mr Murdoch led evidence. [Ernest Appleton (defendant) gave evidence he was a fisherman. Knew Newman for about 12 months. Was not guilty of what Newman had charged him that day. Had no grudge against Newman. On the day in question was at his whitebait treneli. Newman had gone along ahead of witness, to Foote’s trench. Went up to Foote’' trench, said good-day to Newman whe did not answer. Asked Foote if any fish were coming who said “Yes” r few were coming, 'flh'en Newman said what do you mean by saying he (Newman) had written to the Acclimatisation Society. Thought the remark was directed to Foote. Turned round and Newman appeared boiling with rage. He picked up a. stone, and witness told Newman to put it down. Was certain Newman would have made use of the stone. As he did not put down the stone Witness struck Newman and the stone went over witness’ head. Newmen then dived at witness and forced him back into the river. Newman had on old clothes, and witness his best. To save himself going into the water more, he caught hold of Newman and pressed him into the water and then lifted him out on to the 'bank. ! Newman then went away threatening further action. He had had a (lisor + 1 with Foote over the portion .of their ' whitebait trenches. To Mr Sellers—He made an offer last j niyht to settle the affair. His Worship said he was quite satis- , fied by the demeanour in the box that 1 both parties were of a highly excitable disposition. The evidence of tlie witness, Foote, appeared to be credible » and he meet yiiidcd by that evid- jj ence. He held the case had been prov- <

od. Defendant would >be fined £3 and costs 11/- with counsel’s fee £2 2s, informant to receive half the fine. DURING PROHIBITED HOURS. The police charged ten young men with being on licensed premises (Occidental Hotel) during prohibited hours, 1 a.nt. on.23rd Sept. ' One offender was convicted who pleaded guilty, with an excuse that he intended to stay the night, and fined 10s. and costs 7s. Six others who pleaded guilty without excuse were convicted and fined 20s' ' and costs 7s each. Two offenders who pleaded not guilty but stated they were not there for the purpose of obtaining drink, gave evidenec, as also did Constable Flewellyn. His Worship said he could not accept the statements of Defendants. As they had Pot pleaded guilty he would increase the fine and would convict and fined 40s and costs 7s. each. Two defendants (second offenders) who did not appear, after evidence by Sergt McCarthy, were convicted, and fied 40s and costs 7 each. TRUANCY. Truant officer (JMr White), v. G. W. Dale, a charge of non-attendance of his son at school. Fined 10s and costs 7b. . ' DEBT CASES. Bank of New Zealand (Mr Murdoch) v. J. H. Honey, claim £l6 10s 9d. Judgment for plaintiffs with costs £2 7s °d. . * ' Paterson Michel and Co Ltd. (Mr Sellers) v. N. Tainui, claim £39 9s 2d. Judgment for plaintiffs with costs £4 5s Bd. On Mr Murdoch’s applica-. tion another defendant’s name was ’ struck out. • H. M. Coulson v. G. Dale, claim £8 10s. Judgment for plaintiff with costs ■ 19s.