S.M. Court.

Manawatu Herald, 20 July 1899, Page 2

S.M. Court.

This Day. ' (Before A. Greenfield, E«-q., S M.) CRIMINAL. Police v. Dr Meares. — This was an application for a prohibition order. No appearance of Dr Meares. The Rev. W. Woollass deposed that i he knew the doctor very well, he was , wasting his substance, ruining his . health and destroying his practice. ! Order made to apply to all hotels in , Foxton and Shannon. William Darvil was charged with a 1 breach of the Licensing Act in per* mitting drunkenness on his premises, ' on the 22nd May. Sergeant-Major Ramsay appeared , to prosecute, and Mr Cohen for the defendant. The defendant pleaded not guilty. John William Mardon deposed that the deceased William Brit tain was working for him ; last saw him alive on 22nd May in the backyard of Post Office Hotel at 4.45 p.m. ; paid him a cheque for £9 us at 4.10 p.m. same day ; saw him in half an hour after he ; had the cheque ; he had had enough, he could not walk straight, but he had not lost his reason ; saw him have a drink at 4.40 in DarvilPs house ; previous to his leaving mill he had complained of being ill. By Mr Cohen — He had a slouching gait but did not stagger ; he was not i drank at 4.10. but he had had drink j

do m ot zay he was drunk at any lime. Re-examined — I looked him up as I feared he had more drink than was gooc? enough for him. Alice Houghton deposed, remembered Briltain going to'the Post Office Hotel on Monday between 3 and 4 o'clock ; never saw him after 6 o'clock that night; he seemed pleased with himself and his friends*; sh*<suld certainly say he was not drunk; before the coroner did say " he was not sober on Monday night;" now say he had a wine or two, he was not perfectly sober but he was not drunk ; he<*pent his money freely; saw Darvill cash a cheque for Brittain between 3 and 4 ; saw him have a drink then ; supplied him with another when Mr Mardon was with him. . By Mr Cohen— Do not Jbelieve I said at the inquest the man was drunk. Fanny McCrenna deposed, saw Brittain on the Monday a little before 5 at the kitchen door; had a glass ot beer together ; saw him at 8 o'clock in the kitchen ; he asked her to have a drink ; he said " you go as Darvill has said I have had enough ;" he was jolly ; knew he had had a few glasses ; he could talk and walk perfectly well ; thought he had quite enough ; said « before the Coroner " he was not sober." By Mr Cohen— Saw Brittain leave the Kitchen and go out of the back door ; he was quite capable of taking care of himself ; he had a bad' finger. The Sergeant-Major said this was the case, the S.M. having refused to allow the depositions taken at the inquest to be put in as evidence. Mr Cohen addressed the Magistrate on the point that there was a wide difference between intoxication and drunkenness. The S.M. said there was no proof that the landlord permitted drunkenness on his premises and the case 1 would therefore be dismissed, Arthur Edwards was charged with disobeying a maintenance order, arj rears amounting to £54 18s 6d. \ Mr Ray appeared for H. Morgan, and Mr Cohen for A.. Edwards. H. Morgan deposed to the particulars of the claim. Arthur Edwards deposed' that the summons was served on the 12th and the order only on the 7th July. Have had no chance withitt that time to pay the amount. Since the order was made have not made any money, having a diseased thigh bone. Drs Ewarfc and Collins told him on leaving the hospital he must not do any work for 2 years. The certificates, of Drs. Ewart, Collins and Wilson were read. He said that directly he was able to earn money he would pay this claim. Cross-examined— Received no wages from his father. Have not ploughed for three or four years. Drove the horses, but do ' not look after the sheep. His father paid him no wages, and had no property whatever. The S.M. Said it was quite clear the defendant had not had means to comply with the order. The complaint was dismissed. •■ -...•■■ John Spelman was charged that with being a prohibited person.^Jie did procure a pint of liquor. <t Spelman admitted have sent for a pint of beer. • ■ v The S.M. said he had laid himself open to a penalty of £10 or imprisonment for three months. He inflicted a fine of 20s, costs 93, and witness 6s. George Coyle, alias Selik, was charged with resisting Constable Foster in the execution of his duty on 15 July last. Prisoner pleaded guilty. J. Foster deposed he went to arrest the accused when there was a struggle and he got his ancle strained. He violently resisted arrest. He was mad drunkSentenced to 14 days imprisonment in Wanganui gaol, with hard labour. George Goyle, alais Selik. was charged with assaulting Robert Moriey thereby causing him actual bodily harm. The Sergeant-Major said that during the trouble on the 15 instant Robert Moriey got stabbed in the arm which he did not feel tor sometime afterwards when he noticed it bleeding. The doctor had said that the arm wks in a very serious state owing to its neglect. The case was remanded, to Palmerston for the 27 instant. r '