MAGISTRATE’S COURT

Hokitika Guardian, 20 December 1932, Page 2

MAGISTRATE’S COURT

GREYMOUTH OASES. GREYMOUTH, December 20. At' the Magistrate’s Court yesterday Air W. Meld rum, S.M., dealt with the following business: alleged theft. Appearing on remand, .William Alfred Sandman,. 37, was charged with on or about November 1, at Greymouth, lie received from.the Australian Temperance and General Mutual Life Assurance Co., Ltd., the sum of £32 15s lid on terms’ requiring, him. to pay the money to Amy Soiitt, and that he fraudulently omitted ■to make the payment, thereby committing theft. Air A. H. Paterson appeared for accused: " ' Detective-Sergeant Holmes applied for a further remand until Thursday.

Mr Paterson asked, that the amount of bull previously fixed at £2OO, and two sureties of £2CO each, be reduced, as it was heavy. Accused had ■ given himself up, and had made no attempt to evade the -penalty of wrong-doing. He had made a full confession of the whole affair. The object of bail was to ensure the appearance of accused in Court. The Detective-Sergeant stated thatthe sum involved was approximately £4OO, and bail was fixed, to cover that amount. The S.-M. granted the remand, and reduced bail to £100; and two sureties of £SO each. REPORTERS CHARGED, Charged with being unlawfully on the premises of the Albion Hotel, after hours on November 30, Edward James Rundle and John Allan Melnroe pleaded not guilty. Thomas Daly, a boarder, and William Stuart Mitchell, til© licensee, who were charged with aiding and abetting, also pleaded not- guilty. Mr J. W. Hannan represented the defendants.

Giving, judgment, the S.M. said that in the charges against Rundle and Mclnroe, the defence was that they were bona fide guests of Daly, who had been a lodger at the hotel for about twelve yeans, and that at his invitation they partook of drinks, for which Daly paid. According to the judgment in the ca-Sg of White v. Nestor, it was legal for a licensee to supply liquor to a lodger. Again, according to another authority, there was nothing to .prevent the sale of liquor during prohibited hours .to a lodger for the entertainment of his guests. The question in the cases of Rundle and Mclnroe was whether they were the bona fide guests of the lodger. Tt was illegal for « person to enter an hotel during prohibited hours with a lodger for the purpose of getting liquor, and such a person was then unlawfully on the premises. In the present cases', the two .defendants were not in the hotel with Daly as

Inis personal!, friends, . and were- not being entertained by. him. The defendants were there to get information from Daly about some timber. It was -after their business was Airshed that Dalv invited! thorn to have a drink. Ho could not hold, on the authorities, that either could he said to he the bona fide guests of the lodger. Tf lie- held otherwise, any person could go into an hotel after hours and securo drink, on the pretence tli,at lie was a friend of a lodger, and that the drink wa« paid fur by the lodger-friend. In the present case, the defendants had a lawful purpose in going to the hotel for the information regarding the timber, but in staying and having drink, after tho’-r business was transacted, they brought themselves within the provisions of the Act. He could not see that ho could hold tlin licensee liable, Mclnroe, a

second offender, would be fined £l, with 10s costs, and Bundle, a first offender, would be ordered to pay 10s costs. The Senior-Sergeant pointed out that the licensee was charged with aiding and abetting the defendants. The S.M. said he could not hold that tin* licensee had aided and abetted the defendants, bo would then throw u;xw all licenses the onus of satisfying themselves that all liquor supplied by them to lodgers, after hours, was for a lawful purpose. Daly, the lodger, would ho presumed to have known that the defendants were not his bona fide guests, and would be convicted and ordered to pay costs. The charge against the licensee' would be dismissed!. Security for appeal was fixed at £lO 10s in the rase of each r,i' the three convicted persons*