MAGISTRATE’S COURT.

Hokitika Guardian, 24 May 1923, Page 3

MAGISTRATE’S COURT.

THURSDAY. MAY 2-1 Hi. ( !!■ !•■: ••• Win Mold! uin, U u , " Al l POLICE (. MARGES. The police charged .1. Buu-her with riding a- Ini yelc on a fooipalli in V. eel St. j-Hied os and costs is. film police charged \fi. Wallace with a lireacii ol l.is pniiiilntion older. Convicted unci lined 2 is and costs >s. charge Jns.uissuo. Tiie police charged Clements* Alotor* Ltd (Air .Murdoch) with a. breach ol liie Stamp .Vet. by failure of it. D. Locker, an employee to stamp a receipt lor £2. Air .Murdoch admitted that Locker was a driver in the employ of tlie Company. but held that the Company was not liable, the driver not being authorised to collect lares. The receipt was given bv the driver on a form supplied l,y the passenger (Dr Baker), and immediately on nis return to the (diice, a prooerly stamped receipt was sent to the" Government Department by the firm's accountant. His Worship up-held tiie authority quoted by Air Murdoch, that the firm were not liable for the wrong!ul act of their employee. The case would b: dismissed. LICENSING ACT.

The police charged .John Irwin, a resident of Back Creek (.Mr Aliudm-li) with being on licensed premises (Loyal Mail Hotel Woodstock) during prohibited hours. Defendant gave evidence that be stayed tile night at the hotel. Had stayed there three times since ’Xmas. Told the constable that Innas staving there. To Sergt King.—His house was about yards away from tile hotel. I old the constable at the time that it was his business. Had been in the hotel about an hour when Constable Drummond came in. Told the Constable he had booked ;v bed. Michael Ke-min deposed be was the licensee of the Royal Mail hotel. Irwin came to the hotel from the bus and eimum-d a room for the night. laid the constable so when he came in. His Worship said he was satisfied that the evidence showed the defendant was a lodger for the night. Ihe defendant had been somewhat euit to the i.unstable when questioned, but he w .,s satisfied that he lu.d engaged a bed before the constable had questioned him. The information would he « - misseiL |antENANCE ORDER. Rose Willetts v. IE Willetts, suit for an increase of maintenance order. O.dtr amde for increase to £lO per month, ami in regard to arrears, defendant- t h 0 imprisoned, Lm one month unless payment was made wUh.n seven •• JCDGMHM M -MAION*. ( • t ].' Linneniaim (Air Murdoen) v. James Tainui judgment Defendant did not appear. Onle >»•K for payment within a ween, m fault 11 days imprisonment. T. E. White (Mr Rack) y. Mm.-L Hewer iunr claim £Ol Is • ’ T me.it for plarntdr hv default amount, with costs £G 2s <>d.

w ARAIIUR.V case. Police v. Catherine Ann Toker, licensee of the Greyhound Hotel, Araliura (Ah- Joyce) with allowing a gul under 21 rears of age to serve in the bar, with opening the bar for sale o liquor during prohibited hours, and with sale of liquor during prohibited hours. Sergt-King deposed that at 0.3 Q p.m. on Gth Alay? accompanied by Constable Anderson, he entered the Greyhound Hotel and in a sitting room at the back of the bar were seven men, all of whom resided within three miles, and M.iss Toker. Tainui had a long glass of beer in his hand. Turning to Aliss Toker he gave her the glass of beer. Witness took possession of the glass and put it on the table. Tainui said they had been playing football and had eonie in for tea. Tainui said Freitas shouted and the girl had supplied. Keegan said his drink was a shandy and that Freitas shouted. The girl then left-the room. Saw the licensee and she said she knew the men were in

the room, had been supplied with liquor, and that they wero not lodgers; that site had thought she was justified in serving them as they wore going to stay to tea ; that the girl had supplied the drinks and had served in the bar on other occasions and that the girl’s age was 20 years. The girl said she thought Wright had shouted, but she was not sure. She would not deny that Freitas had shouted. To Air Joyce—Scotty Wright was there. Took his word that he ivas a lodger. The men were sitting down to tea when witness left. The bar dour was closed. Constable John Anderson gave evidence in corroboration of Sergt King. For the defence Mr Joyce led evidence. Sandy Wright deposed he was a sawmill hand employed by Baxter Bros. He stayed at Toker's Hotel on weekends. Stayed there on (ith May. Had boon playing football that afternoon and they then went in for tea. Witness shouted drinks and while they wore having them the police came in. Witness paid 3s for the drinks. To Sergt McCarthy—There were 7 in the room when the Sergt came in. Ncnme and witness were boarders. Did not hear what Sergt King said to Tainui and Keognn. Was not tailing any notice. Told the Sergt that the glass was Airs Toker’s and the liquor was the witness’. Did not tell tlie Sergt that he (witness) did not shout the drinks. Witness had other drinks after tea. The others took their turn. To MY Joyce—When lie told tlie Sergt who the beer belonged to, the Sergt. told him not to he so d smart. That was not tlie only drink he had that night. Thomas Rochford deposed he was a sawmiller at Three Mile. Was at Arnhura Oil May (ith. Alter a game of football went over to the hotel for tea. Had a drink. Wright .shouted. Witness went home after tea. Aliss Toker brought the drinks. Wright paid her the money before she brought the drinks.

To Sergt McCarthy—Had tea nearly every Sunday at Aralmra. Generally had a drink also. Boarders did not always shout. Charles Keogau deposed lie was a sawmiller residing at Kanieri Forks. Was at Aralmra on (ith .May. Went to the hotel for tea, Sandy Wright shouted drinks. After tea went to Kanieri Forks. That was tlie only drink lie had. To Sergt .McCarthy—-He left, with Hoehl'ovd anil Freitas shortly after tea. Wright was alongside witness when Sergt King came in. Did tint hear what Wright and King said to each other. John Neiime deposed he was a sawmiller at Baxter’s. Stayed at Tokers on Sunday, liili .May. Had one drink. Sandy Wright shouted. Emanuel Freitas (called by the Court) deposed he was at Toker’s hotel on (ith Alav about 3 o’clock. Had one drink. Sandy Wright ordered it. To Sergt .McCarthy—When the Sergt asked witness who shouted, witness said "I did not slum!” Sergt King said "T.iintii says you shouted” and witness said "Then I did shout.” lie just said I his as a joke. lie did not say "I'll lie honest, Sergt, I did shout.” Did not shout at all. AFTERNOON SITTING. The Court adjourned at 1 p.m. and ic»uniod at 2 p.m. Air Joyce intimated he did not mtend tu call further evidence. Sergt. AlcCarthy asked leave to recall Sergt. King and Const. Anderson. Air Joyce objected to this course and hi* Worship said he did not see the necessity for luither rebutting evidence.. 11 is Worship said it was not proved that tlie sale was not made to the h tiger, lie was prepared to accept | the evidence of Wright and the other | witne-ses I'm the defence thul Wright j shouted. The ease would lie dismissed I again: t Hie licensee j In : '•:!!!( lien vtlh the dui'/r j_;Hn.-t tie gill C'.tving, in-n undci the age of 21 years, there was no proof thereof and that charge would he dismissed. The four men charged with being on licensed premises unlawfully arose out of the same set of eiieuinstaiices. He thought that they had a right to he mi Idle premises for the purpose ol : having tea. and these (barges would also he dismissed. (Left Sitting).