Resident Magistrate's Court, Foxton.

Manawatu Herald, Volume III, Issue III, 3 September 1891, Page 2

Resident Magistrate's Court, Foxton.

Wednesdby, 2nd September.

(Before H. W« Brabant Esq, R.M.)

CIVIL CASES.

H. Bradcock v. W. N. Ward— Claim," il, foi'casu lent. No appearance of defendant. Judgment for amount and costs 16s. T. £, Williams v, H, ArnoldClaim £15 15s, far cash lent and board. No appearance of defendant. The plaintiff said he had received a contra account this morning for 16s which he admitted. Judgment for £14 1 9s and costs il, T. Ennis appeared to aak for a judgment summons against Harry Robinson. The defendant is now at Ohau. The R.M. said he saw no reason to refuse the summons. CRIMINAL. Samuel Timmins was charged with using indecent language to one Alice Small on the 24th August. The defendant pleaded guilty. The defendant was sentenced to one month's imprisonment in Wanganui gaol, with hard labour. Archibald Keith was charged that being the licensee of the Albion Hotel, Shannon, he did suffer an unlawful game to be carried on in his premises. Mr Jellicoe appeared for the defendant. Thomas Gillies deposed — I am a carter at Shannon ; Mr Keith is supposed to keep the Shannon hotel ; I was there last Monday week with Owen McCarthy ; Edward Murdoch and Samuel Wickloff were also there ; we were in the front bar together, we were shaking for drinks with dice ; Mr and Mrs Keith and their son were all behind the bar whilst we were shaking ; we sbook twelve rounds for drinks ; I only shook three rounds with Wickloff, three rounds with Murdoch ; Keith saw what was going on ; we had drinks and cigars after each shake ; McCarthy was the man who was killed ; the dice was given from behind the bar.

By Mr Jellicoe-I am carting for Mr Brean ; I met McCarthy at the hotel ; only knew him since I have been at Shannon ; I was working at Palmerston previously ; cannot, say what I got discharged for ; I will not swear that I was discharged for telling lies ; a Maori and Jim Wilks came to the hotel with me ; it was 10 in the morning when I first went in. I had a little drink in me ;I am 18 years old ; I have been both sober and drunk this last four years ; cannot say what time we started shaking ; the time .we shook the twelve times for was after three o'clock ; we asked for the dice-box, and I took them up off the half door ; I did not leave the hotel with McCarthy ; I left at 9 o'clock ; I will not swear that I was ordered out ; I tried to get brandy and was refused more than onoe ; "When all hands were out they shut the door on us. There was some one at the camp after I went home ; Mrs Brean saw me ; I got home before four o'clock that morning ; I did not go down the railway line with McCarthy ; I do not remember saying " I would make it hot for that man Keith " in the presence of more than one person ; I do not remember any person asking me before the inquest bow many many drinks McCarthy had had ; I told the Coroner he had 15 drinks ; I do not remember saying to any one that McCarthy had had only six drinks.

By the Constable -I was sober when I went to the hotel ; I am certain that Murdoch was there with McCarthy for the first three rounds ; during or afterwards Wickloff ioined us ; all three were behind the bar.

Edward Murdoch deposed — I was working on Brean's contract ; I visited Shannon hotel a fortnight ago last Monday with Thomas Gillies and some more ; McCarthy was not there when we first entered. It was before dark, but after dinner ; when we entered the bar we had a drink, I then went outside ; I think Gillies shouted ; I returned to the hotel again, and I shouted for Gillies and several more because I wanted to change a cheque ; we started shaking with dice, me, Gillies and several others, for drinks first and money and drinks afterwards ; got the dice from the bar, either from the publican or his son ; the publican served the liquors I shouted for.

By Mr Jellicoe — I had been five minutes in Shannon before entering ; I walked down from Makereruajit was after 12 when I entered ; had no grog at the camp ; I said I was drunk after McCarthy came there, about six in the evening ; shook three times after McCarthy came down ; McCarthy said " I will throw you for drinks." I could not say how much money I paid Gillies when throwing dice ; we were in the private sitting room ; no one was present,; I went out and the doors were shut ; I did not purchase drink to give to McCarthy after the house was closed ; Mrs Keith did not remonstrate with me for getting liquor and giving it to Gillies ; Ido not know if I left the house with McCarthy ; I got to the camp before daylight ; the camp is 6 or 7 miles from where McCarthy's body was found; I wrestled with McCarthy in frqnt of the public house ; we fell down ; I will swear I was not crosi ; Ido not know where

I left him ; I could not remembej^fgj how long after I left the "pub"r^ had the last struggle with McCarthy ; I was with Tom Williams afterwards, he took me up to the railway station ; the amount of the cheque I changed was £3 18s 8d; I had something over £2 next morning • no one was present when I counted the money. By R.M.— We shdokfor shillings ; the room was first off the bar ; the shaking for drinks took place in the foom and in the bar; Gillies, , McCarthy, myself and another shook in the bar ; " shaking" in the room occurred first ; the publican or his son gave the dice to us. Johflß. KusseH deposed— l held on enquiry as acting-coroner at the Albion hotel. Keith the proprietor gave evidence. (Mr Jellicoe objected to any evidence being given as to what was already certified to by his signature. The R.M. said he imlecl that the witness can be asked a question* Mr Jellicoe then agreed to accept the copy of Keith's evidence at the inquest as correct. Evidence, read. John R. Russell— Mr Keith's son also gave evidence. This closed the . case* for the prosecution. Mr Jellicoe said that there*, was no case to answer. He was charged with "knowingly permitting:" In case quoted person charged ; wi.tn supplying persons and permitting gambling the Magistrates ruled that there was no constru©tive knowledge by the landlord as he had not himself been present. In the Court of appeal it was ruled that " suffer" meant in law knowingly suffering an unlawful game. The present case does not suggest that there was even a constructive knowledge on part of Keith.' Gillies had declared he had seen the dice on the bar, but did not know how they got there. The other witness did not bear him up. Even if the M potman" had done so 'it would not matter if the landlord had not known of it. He submitted there was no case. ■

The R.M. said he thought there was a case to answer as Thomas Gillies had sworn that Mr and Mrs Keith were behind the bar when the witness was shaking. Archibald Keith deposed — I. have had the hotel two and a half months. I have been a marine engineer. On the night McCarthy got killed I did not see either the witness or oti^^^ persons shake with dice. No W^F had authority to use dice. By the Constable— l gave evidence at the inquiry; You asked about the dice* I told you I did not know who gave the men. the dice. .At the inquiry I did not tell the Coroner that I did not give the men the dice, but that my son did. Id 6 keep dice, did not see them on the 17th. Was in the bar, saw McCarthy there, saw Gillies and Murdoch there. I never saw the dice.

Isabella Keith deposed— l closed the bar on the 17th at 9 o'clock. I refused Gillies and Murdoch drink very often. There was no throwing of dice in my presence.

John E. Bussell was re-called, and said that at the inquiry Keith distinctly admitted he had seen the gambling. The R.M. said that the throwing ol dice for drinks or money was an unlawful act. It appears dice were thrown, it does not appear necessary to prove that the landlord actually knew the gaming was going on,*if it can be shown that he had notc6nnived at. The landlord has sworn that he did not, the two witnesses were riot clear. He thought he must give the accused the benefit of the • doubt. The case is dismissed. . .

Henry Border- was charged with selling liquor to a person already in a state of intoxication, and with per* mitting drunkenness to take place on his licensed premises.

(Owing to pressure on our space the full report is held over to next issue.)

The R.M. aecided that the first charge was not proved, but. that the second was, and inflicted a tine of £5, which was afterwards inoreased to £6 to permit of an appeal, with costs 7s. (The other case against k. Keith will also appear in our next issue, but the result was a dismissal.)