S. M. Court.

Manawatu Herald, 15 June 1899, Page 3

S. M. Court.

• , * Tms Day. (Before A. Greenfield, E^q., S M.) William Darvill was charged that he did on the 26th of May last supply liquor to one William Brittain, he being then in a state of intoxication. Sergt.-Major Ramsay prosecuted, and Mr Cohen appeared for defendant. The following witnesses were called:— F. McCrena, A. Houghton, Walter Alzdorf, George Archibald, C. A. Morgan, W. Aldridge, and John Andrews gave similar evidence to that given at the inquest. Ernest Dunn said he received a bottle from John Andrews. Bottle produced is similar to the one received. Took the bottle to the paddocks and in the long run handed it to the constable. Andrews handed bottle to him, but he came from the trees with the bottle. I never saw "him get the bottle from the cart. Got the bottle on day ■of the accident and handed it to Constable Forster on same day, and it would be about an hour after the accident. He never touched spirits. The Sergt.-Major said this was his case. Mr Cohen said it was intended to call evidence but he desired to draw attention to the Act. The *ale must

be to one already in a state of intoxication. An innkeeper who sells liquor to a man not in a ttate of intoxication was not gnilty of an offence. There must be knowledge of intoxication. The measure of intoxication can only be gleaned by the external appearance of the man. It seemed very difficult to resist the evidence of one or two witnesses that the man was drunk but he contended that there was no evidence to show that when the brandy was sold the man was in a state of intoxication. The S.M. said that the case must be proved beyond any possible doubt, the results were so serious. In this case there was no proof that the man was supplied with liquor while in a state of intoxication. He read that the Act said the supply must be while in a state of intoxication. The brandy was taken away. Under these circumstances he dismissed the information. MORGAN V. EDWARDS. The S. Magistrate said it had not been proved that any order had been made, and the application was dismissed, and it was open to lay another information for the future maintenance of the child. PROHIBITION ORDER. Charles Evensen applied for a prohibition order against himself. Order granted. The Truant Inspector obtained judgments against the following parents for not sending their children to school :— George Coley, George Simpson and John Kruise, who- were fined zs each.