MAGISTRATE’S COURT

Hokitika Guardian, 19 July 1927, Page 1

MAGISTRATE’S COURT

GKEYMOUTH. July 10,

At the Magistrate’s Court before M; Aleldrum, S.M., William T. Blackmun licensee of the Club Hotel. Blackball was charged that on May 7, he exposei liquor for sale after hours, sold liquoi after hours, and kept his premises opei after hours. He entered a plea ol guii’ty to the “ keeping open ” charge. The other two were withdrawn.

In reply to the S.AI., Sergeant .1 Sinythe said that Blackmun was con vieted for a similar offence in Feb ruary last. The S.AI. inflicted a line of Cfi witl 10s costs.

Blackmun was then charged by James Dunn, a miner, that while at the hotel, Blackmun, struck him on the head with a bottle or some otliei weapon, hut Blackmun contended that he merely pushed Dunn, and that the latter injured his head when he fell.

Lengthy evidence was given. The S.AT., after reviewing the evidence. said that it was contradictory as to the actual cause of the wounn on James Dunn’s forehead. If it were proved that Blackmun had used a bottle or other object, it must he held that he had employed unnecessary force, and he would therefore he guilty of assault. Had Dunn’s injury been caused by a fall, it would not constitute an assault. There was no doubt that Dunn’s injuries had been serious, hut in deciding the ease the period of six weeks he spent in hospital could not he ali’owed to count. There was no doubt that the Dunns and Clark were wrongly on the premises, and that they were not in the best of humour oil that particular night. That Blackmun had been struck was shown by the mark seen later on his eye. John Dunn’s statements as to the weapon alleged to have been used by Blackmun were vague. Both the Dunns appeared to hfivC been looking for [rouble. Summing the whole case up. there appeared very grave doubt, as to how the accident to Dunn was caused. He thought that the Dunns were to blame for going to the hotel al all, and for looking for trouble. He was also inclined to believe that the gi’ass was deliberately broken, ft was not proved clearly that Blackmun used unnecessary force, lie could only come to the conclusion that there were faults on both sides, hut it was not proved that Blackmun was the aggressor. The onus was upon the prosecution to prove that Blackmun was the aggressor. The ease would he dis-

missed. John Hazeldine, licensee of the Cosmopolitan Hotel. Dobson, was charged with keeping his premises open for the sale of liquor after hours on June 15. Sergt. Sinythe stated that it was the night of the Canadian Soccer football match, and when a constable had visited the premises, and found it. was practically ”an open house,” defendant remarked to him: “What else could you expect on the day we heat the Canadians?” Air Hannan, who appeared for the defendant, stated that his client had donated a cup for competition among the AYest Const Soccer teams, and some of the Soccerites had (.tilled in on their way home to see the trophy. Sergt. Smythe intimated that defendant had been previously convicted in respect of a similar charge; am! the Magistrate imposed a fine of Cfi, with 10s costs.