RESIDENT MAGISTRATE'S COURT.

Lyttelton Times, Volume I, Issue 17, 3 May 1851, Page 4

RESIDENT MAGISTRATE'S COURT.

Wednesday, April 23. Before the Resident Magistrate, H. G. Gouland, Esq., and H. I. Tancred, Esq. Sarmiel Taylor was charged with having sold a quantity of beer less than two gallons, not being duly licensed to sell the same. Mr. Davnpier appeared for the defendant. Samuel Madden, policeman, deposed as follows: On Sunday, April 6, T went to S. Taylor's house ; Mr. Newcombe afterwards came in and called for a bottle of beer, Taylor gave it him, and took his money; others came in, and took beer and paid; some were asked if they would have any thing to eat, and declined ; the bottle was not taken off the table, but oft'the shelf; Arnott was there, who had nothing to eat, I swear ; I myself ordered a bottle of beer, and paid for it; I was dining there ; Taylor had asked me in as I was going towards Ellis's ; I went in, and had my dinner ; did not pay for it, as I was invited, afterwards paid 2s. for beer ; I had a very good dinner, was not aware that it was the occasion of opening the refreshment room ; the room has been open before ; the price of dinner besides beer, is 2s. Arnott paid for a bottle of ale ; I saw the cork drawn ; I did not hear Taylor say whether it was for beer or for dinner that he charged. "William Newcombe examined—l remember Sunday, April C, went into Taylor's house that day, said that I was not well, and could eat nothing ; saw some bottles of beer on tße table, asked for some ;it was given to me"; I paid fer it.; I took a small piece of pudding ;by the virtft^'ef-my oath, I believe! should have had 2s. to pay '-fbr the pudding I took off the table, I think that Taylor would have charged it. Many people were dining there; Taylor asked me whether I was going to take the beer outside; he said, when drawing the cork ; ' lie could not allow it to go out,' I cannot say whether I took the beer or the pudding first. Edward Arnott examined —I was at S. Taylor's some two or three Sundays back ; I went in with a

strong invitation from Taylor, was told they were opening the house. I had a friend with me whose name was Taylor, he had some ale and I paid for it. By the virtue of my oath, I cannot say whether my friend had dinner or not. I put a crown-piece into S. Taylor's hand, do not know what change was given to me; my friend objected toij my paying for him; I was told tliat it was a housewarming. Mr. Dampier, who appeared for the defendant, contended that it had been only proved that a man sat down at a well furnished table, and on rising from it, was charged 25., that in a case where such a ruinous penalty must follow conviction, the fullest evidence should be required, that it had not been shewn that the defendant had made a habit of selling beer, that defendant would not have charged a policeman above all others ; the sum charged to Madden was a fair price for a dinner. Fined £50, the Resident Magistrate remarking that the case by no means rested on the testimony of Madden alone.