MAGISTRATE’S COURT.

Hokitika Guardian, 18 May 1922, Page 3

MAGISTRATE’S COURT.

THURSDAY, MAY 18th

(Before AY. Meldrum Esq., S-M•)

ARMS ACT. The Police cfiarged F. M. Martini, with being in possession of an unregistered breechloading gun ; since registered. Convicted and ordered to pay costs 7s. Same v. Tlios. Growcott, similar of. fence. Convicted and ordered to pay costs 7s. Same v. E. Bowden, similar offence. Similar penalty. Same v. K. Comport, similar offence. Convicted with no charge. S'lme v. I‘. T. O’Neil similar olfenco Convicted and ordered to pay costs 12s. Same v. K. Dove, similar offence. iii.:zr.le loading gun. Convicted and ordered to pay costs 7s. CYCLING WITHOUT LIGHT. i The police charged I). Adamson, who 1 did not appear with cycling at night ] without a light. Convicted and fined j os and costs 7s. DEBT CASES. j Wm. Jeffries v. \Ym. Shaiul. claim j £2 Ids Od. Judgment for plaintiff by j default with costs 10s. ' .J. S. Duncan v. F. McCarthy claim £(5 -Is oil. Judgment by default for amount with costs 15,5. J. S. Duncan v. 11. P. Willetts claim j £4 7s 2d. Judgment by default for i plaintiff with costs. ! LICENSING ACT. i

Police v. J. A. Dowell (licensee of Kokfftahi Hotel) charges of selling j liquor, keeping open and exposure of ' liquor during prohibited hours. A. I Murdoch appeared for defendant anil | pleaded not guilty. i Six residents of the district were also charged in the same connection with being unlawfully on licensed premises ! during prohibited hours. Mr Murdoch i appeared for defendants and 'pleaded j not guilty. The whole of the eases were taken together.

S'crgt. King opened the case for the police.

■Constable Houston, stationed at Ri--Imu deposed on 2Gtli. April about 11 ■ p.m. In; visited tlie Kokatnhi Hotel. Kntered bv the front door. m Going I along the passage way heard voices in ; the bar and also what appeared to be . money dropping into a till. Went ' through the billiard room and into the | bar. Saw the licensee and eight other j men in the bar. There were two j glasses on the counter full and others j appeared to have been used. Asked the j licensee what was meant by this. The j licensee looked up surprised and said i "Oh nothing, you have caught me that’s all.” Witness said ‘‘Are you just selling in the ordinary way”, and the licensee said “Yes”. Then questioned six of the men in the bar, While he was doing this two men rushed out of the bar. Questioned each man and they each sai,) they had come for a drink and had got it. One other man was a boaidcr. Then asked the licensee for an explanation and he said the men found in the bar hd just come in before witness and had asked for a drink, and he had taken them in and supplied them. When witness was asking one of the men who shouted, the licensee sit id he (the licensee) had shouted. The licensee later said he had to do some after hour trading oj- he could not make a do of it. There was a dance in the Public Hull at the time. To Mr .Murdoch —Ho was tit the hall and had some supper; The men present were in the bar when they told him they had came for a drink and had been supplied. When the two men ! bolted out of the bar the licensee said lie only knew one of them, and men-

tinned his name. This was the else for the police. Air Murdoch for the defence call-

■James Avery Dowell, who deposed he was the licensee of the Kokatahi Hotel. . He went to Grey on the morning of 26th. April and returned to Kokatahi i about 10 p.m. Found tile hotel bar closed and the passage door open, while preparations for the social supper were in progress in the kitchen. Alet the men who had come in to carry over i the supper and invited them in to have a drink. They did so. The sole purpose of the men being present was : to carry over the supper. Some of ! them had a drink, hut some of the j others did not have any because the ! constable coming in prevented them. When the Constable came in lie asked j whose money was that on the counter and witness replied that there was no money on the counter. Witness replied to the Constable that he had asked the i men in to have a drink. Witness had not said anything to tlie Constble about after hours trading. To Sergt. King.—He denied mentioning to the Constable that he had to do after hour trading. Alet the men , in the passage, when they came over | to give a hand to carry over the supper. | He denied that he replied to Const, j Houston that he was selling in file usual j way. He replied to Const. Houston j that he was shouting, and that no moil- | cv passed over. Witness invited the ! men in to have a drink. John Alangin deposed he was a school- j teacher at Koiterangi. He was a regu- ; Ivar hoarder at the Kokatahi Hotel on j week ends. On 2(ith. April wss in the ! hotel when the constable came in. Was ; present when Dowell invited them in i to have a drink. Heard the Constable j when he walked up to the end of the j (•(miller and ask whose money was that on the counter, and Dowell said there ■; was none. Witness did not see any ; coins, and did not see how there could | have been any. . To Sergt. King Heard most of the I conversation that took place in the liar. Heard the licensee say to the Constable. “You’ve caught me.” Did not I hear the licensee tell the constable that ! he was selling as usual. The supper j was arranged in the kitchen and carried over to the hull. j Robert Preston deposed he was a j farmer at Koiterangi. Wont in on j Dowell’s invitation to have drink. ; To Sergt King—Went over from the i ball for the purpose of carrying over j the supper. Air Dowell invited four in j together. Told the constable when lie | was served with the summons that ho j was going to plead guilty. Albert C. Graham deposed he was a j sawmillhand at Kokatahi mill. He was j a hoarder at the hotel that night. Went j over to give a hand with the supper, j and Dowell asked him to have a drink. | To the Sergt. - Constable Houston i did not ask witness if lie were a hoarder. . His Worship said it was a difficult matter to deal with n ease like this.

The present case turns on whether or not these men were the bona fide guests of -the—lieenseo. -The -. evidence was conflicting that of the Constable 1 and the others being in direct conflict. , He considered it not unreasonable to take it that the men were treated as his guests by the landlord.; The cases against the licensee would be dismissed , and those also against, the men would | also lie dismissed: ,• (