MAGISTRATE’S COURT

Hokitika Guardian, 22 July 1926, Page 3

MAGISTRATE’S COURT

THURSDAY, JULY 22nd. (Before W. Meklrum, Esq., S.AI.) His Worship took his seat at 10.40 a.m. ' Police v. Jas Toohey and Police v. F’luety, charges of taking fish and game. Mr Park for defendants applied for a remand owing to the absence of Mr Murdoch, who had the case in hand. Adjourned to next sitting. Police v. E. AlcGuigan, a charge ol being on licensed premises (Masonic Hotel) after hours. Constable Randall gave affirmative evidence. The defendant denied the police statement, stating he was in another place at the time. ’fhe Magistrate adjourned the case to hear further evidence. Later, L. Dwan was called and being sworn, said on 7th. July was in the Masonic Hotel. Was with Air Reynolds (piano tuner) talking business. Did not see AleGuigan present. The Constable called to a man who was running away. Did not know the man.

To the Bench: Did not see AfcCuigan present. Heard the constable call the name “AfcGuigan,” hut did not see AlcGuigan. Wont to the hotel to read a letter and see the piano tuner. Did not have a drink, nor ask for one.

To Sergt. King: Saw AlcGuigan afterwards in the street.

His Worship dismissed Iho charge

against Dwan, accepting the witness’ statement in tlio matter as a valid one. With regard to AfcGuigan-, the position seemed extraordinary owing to the conflicting evidence. On the present evidence the Bench could not convict owing to insufficient proof. The licensee of the Masonic Hotel was charged with illegal trading. Air Park appeared for the accused and stated the circumstances of the case, which was fhe result of the good nature of the licensee in giving a prohibited person a meal. No drink was supplied. .T. J. Morgan being sworn said a man named Willetts came for a meal, stating he had .no money and nothing in his hut. At first AVilletts was told to clear out, but on further pleading lie was given a meal of meat and potatoes. Willetts was then told to go. In the meantime AlcGuigan came in by the back door to see me on business. Willetts stayed and talked to ATcGiiigan about an inmate at the hospital. A boarder who was present asked AfcGuigan to have a drink, and two drinks were supplied for the hoarder and McGuigan. AVilletts did not ask for a drink. Constable Randall entered while AVilletts and AfcGuigan were talking.

To Sergt. King: The conversation :00k place- in the kitchen. There had men a late tea that evening. Knew dint AVilletts was prohibited. The ioardcr was outside when the police ■nine in, liut returned, and had his drink with AlcGuigan. All Willetts lad in the house was a meal. B. Biddulph, sworn, said he was a ioardcr at the Afusoiiic Hotel. AA itless corroborated the evidence ot the icensee in regard to AVilletts’ visit for

1, meal, also in respect to the supply of .he drinks. AVilletts did not have any Link.

To Sergt. King: Witness was not in the sitting room when the Constable entered. Willetts was not included in the “shout,” because he was a prohibited person. AA'illetts left when the Constable came—lie was in the house about 20 minutes.

AA'illetts, sworn, said he ’ called at the Masonic Hotel .on the 21st., and asked for a meal which was supplied. Did not have any drink at the c.t-1. To- Sergt.. King: AYent to the hotel for a- meal. Stayed there about a quarter of an hour. 'Filtered by the rear of the hotel as it was convenient, when coming down town.

Constable Randall, sworn, said he entered the hotel from the front. Biddulph and others of the house were in the sitting room. Tn the rear were McGuigan and Willetts talking, and Morgan clearing the table. There were two "drinks handy to the two men on the premises. Morgan said AVilletts had a meal and the drink near him was for a boarder. AfcGuigan said he called to see A [organ about assistance. Both men denied having drink. Biddulph then came in and took tlio glass of beer near Willetts and made a pieto we of drinking it.

To Mr Park : There were a quantity of dishes ill the sink, presumably left over from the evening meal. Was certain Biddulph was in the sitting room when witness entered the premises. The Bench held the sale of liquor to ho legal. AlcGuigan would he convicted anil mulcted in costs for being on the premises. AVilletts should not have gone on the premises, but ns be was

hungry, under the circumstances, a conviction would be recorded without

A defendant found on licensed arenises (Occidental Hotel) was fined 90s uid costs.

Four persons found on licensed oremises (Afahinapua- Hotel) were convicted and fined the usual penalties. Tlio licensee of the Afahinapua Hotel was charged with trading after hours. Sergt. King explained the ease, the facts of which were admitted. The polite have had no other complaints ill respect to the conduct of the hotel. It -was not desired a heavy penalty should lie imposed. The Bench said the position seemed rather extraordinary. It was not intended that licenses should he issued for hotels which could not do a legitimate business within the stipulated hours. The matter should he considered by the Licensing Committee. A fine of £2 and costs was imposed. An application for remission of means of a maintenance order was refused, His Worship holding that evidence should be on oath or statement supported by affidavit. The case was adjourned accordingly. CIVIL BUSINESS.

Judgment by default was given in the following cases: Dee’s Grocery v. W. Sutherland £ll Os 7d and costs £2 14s; Peter Stephens v. E. Glass £4 10s and costs £1 5s 6d ; Chas AYoolhouse v. V. Shand. £2 12s 7d and costs £1 3s fid: J. A. Dowell v. Chas Schroder. £l6 6s and costs £1 Is, immediate payment or one month’s imprisonment. Tn Chas. AY. -Tones v. T. Gardyim. £4 7s 7d plaintiff was nonsuited with costs 12s.