RESIDENT MAGISTRATE'S COURT

Mount Ida Chronicle, Volume V, Issue 282, 31 July 1874, Page 3

RESIDENT MAGISTRATE'S COURT

Thubsdat, July 29. (Before H. A. Stratford, Esq., R.M.) Police v. Edmund Horswell.—Sub-In-spector M'Cluskey conducted the case for the prosecution ; Mr. Rowlatt for the defendant. Constable Smith, being sworn, said he was on duty in the town on the morning of the 26th. Recollect seeing you (the Sub-Inspector) there on that morning. Had occasion to go to the defendant s place between twelve and one. To the best of my belief it wa» six or seven minutes after I left you.. Mr. M'Cluskey : Well, did you knock? Witness : Yes. Mr. M'Cluskey: Did you gain admittance?

Witness: Yes. I knocked at the door

The Court: What,door; the Courthouse P

Witness: No; the Royal Hotel. I ?assed through into a back room, where found six men. - The room was the one generally termed. the .diningroom—one of the public : rooms' of the house. Four of the men are resident in the town.

Mr. M'Cluskey: Would .your Worship like to know the names P

The Court: You conduct your own case. . '.: : ■;■ ;-

Witness : Two were lodgers. I think I said, "Are you aware it is after hours, Mr. Horswell?" He replied, "Yes. These are all boarders." I made reply to that, "They may be'boarders,* but I don't think they are all lodgers." Defendant replied, " How do you know that p" Tmade:reply, "Because : I ; know four of them to be residents in the town." I then said I should report the' case to my officer. This was about twenty;minutes after twelve noon. ..,..• The Court: In the day time? '...'.,.'"„ Witness :No; at night.' " ' ' ; Mr. M'Cluskey: A.m;, you mean P '' '•' Witness : Yes, a.m. My instructions have been to be particular to hare houses, closed on Saturday nights especially at twelve—on other nights not to%e so particular. »

Cross-examined by Mr. Rowlatt:' Believing people was in was the reason'l went. ....,...,,.,. ~,., Mr. Rowlatt: What led you to believe that?

Witness: Because I knew;they was in it. I have no watch. I knew by Mr. Busch's clock that it was eighteen minutes past twelve. It was moonlight. Mr. Rowlatt: Who were in the room P Witness (to Mr. M'Cluskey): ShalM

JVfr. M'Cluskey: Yes. J Ihe Court: "iou will please apply to the Bench: not anyone else. Witness : Mr. Busch, Mr. John M'lntosh, Mr. Langmaak, Mr. Gudgeon, and a stranger to mo. Three of those are boarders. Mr. Busch, Mr. M'lntosh, and Mr. Bailey are, I believe, boarders. Mr. Gudgeon was lodging there, and the stranger was a traveller. I saw no drink, glasses, or signs of drink. I did not notice the bar clock time. I noticed Mr. Eusch's clock time some seven or eight times. Mr. Rowlatt: How do you know it was going? .•-.'••> ' '•/,,;.;

Witness : I see it a few minutes before, and a few minutes after. I go by that clock. Igo to look at it frequently. Thero was no light at the bar. The doorway was shut, fastened inside, Dei fendant admitted in about a minute. Mr, Rowlatt: Were any of this, party the worse for liquor. Witness: No; j, can't* say .that they were. .... •■ . ■■■ ,•>, < ,

The Court: Is the roont one of those counted as a public room, in compliance with the Ordinance ?

Witness : It is, your Worship—the dining-room. . , Mr. Eowlatt: Would your Worship ask the witness what license defendant holds?

Mr. M'Cluskey : I can answer thatgeneral and general night license. Mr. Eowlatt: You are not a witness. Mr. John S. M'lntosh was called for the defence, and said: I board at the Uoyal Hotel. I was there on Saturday evening. I have heard Smith's evidence. I remember his coming into the hotel. It was two minutes to twelve when the constable opened the door by mj watch. By the clock on the mantelpiece it was not twelve. I am quite certain. I set my watch by the town clock. My watch was two minutes fast by that clock the next morning. lam certain of that. I heard the constable's statement that it was eighteen minutes after 12. I don't think it possible, as I compared my watch with the clock the next morning. The constable's attention was not, as far as I am aware, drawn to the state of the clock. Then- was no noise. The glasses might have .been there. . I did not look particularly when they were emptied. I am convinced it was n0t.12. Constable Smith: May I make a statement? The Court • No; not at present.' ' ; Cross-examined by Mr. M'Cluskey: Now, Mr. M'lntosh, will you swear there was no difference between your watch and the clock? , . Witness : I have sworn that there was , —two minutes; two minutes ahead of the clock. Mr. M'Cluskey began to say he was taken by surprise, when, he was; stopped by the Court, and by Mr. Eowlatt, who had further evidence to call.

Mr. M'Cluskey : The constable wishes to make a statement.

The Court: He cannot do so now. Mr. W. L. Bailey: I remember being in the Koyal Hotel on Saturday last. I havo heard the evidence of the two last witnesses. Constable Smith said, when he came in, Gentlemen, you must clear out; it is past twelve o'clock. There is a clock on the dining-room mantelpiece. It wanted fivi. minutes to twelve Mr. M'lntosh look, d at his watch, and much indignation was expressed at the unwarranted intrusion. He (Mr. M'lntosh) wished to have the time noted. I feel convinced it was not 12, not only from tho watch, but from the bar clock, which had been noticed through the day. There was not a glans in the room, so far as I know. The party were discussing the general topics of the day. Cross-examined by Mr. M'Cluskey : How long before the constable entered had you drinks ?

Witness: I decline to answer that, unless the Bench desires.

Tho Court: Oh ! no. Mr. M'Cluskey: He said he did not have any drinks. Cross-examination continued : I left immediately aftei——a few minutes about ten minutes. I don't think we

were longer. We naturally remained conversing about the tyranny of the police force. I believe we left within the quarter. It is possible we might have remained that time talking about the conduct of- yourself and subordinates. (Laughter and applause, in which a registered dog joined.) • i : \ The Court (to Court officer): It is your duty to see that no one misbehaves, and to bring any such before the Court. Court Officer: Yes ; your Worship. By the Court: I board at the Royal Hotel, but do not lodge there. Mr. Rowlatt submitted that the. evidence showed qo case.. No doubt the constable has stated what he believes to be the truth —which is not so. The Licensing Ordinance could not contemplate that an.hotelkeeper should stand at his door, watch in hand, and there and then bang to the door. [The Court: The offence increases in proportion to the time.] I am instructed to say that the house, and indeed the family, were all in bed at a quarter-past twelve. The case was most frivolous, and should not have been brought forward. Mr. M'Cluskey : I have to state that I have been taken by surprise. I The Bench: You are hot allowed to reply. . Mr. M'Cluskey: I asked to bring evidence.

.Mr. Rowlatt submitted that rebutting evidence should have been brought at the close of his evidence, not after he had replied. Court: No.; not necessarily till you had finished. ~. Howeyer,, I ,don't intend]) to hear anything further. „,Constable -. Smith .and,, Sub-Inspector M'Cluskey both spoke, together. ,Mr; M'Cluskey: Court: I will near nothing.farther.

Mr. M'Cluskey : The consta ; 'The Court; Don't you-hear me. I will hear nothing more for the third time. I won't allow another woifd.'- V

j Mr. M'Cluskey here sat down. Summing upi bis Worship" said : The ! evidence of Mr. M'-Intosh does not rebut i the. constable's evidence. If Mr. M'ln- | tosh had timed his watch before as well as i afterwards it might have been different. j I believe the statement of the constable. I It is very possible the clocks did not agree. ! I know of no fixed rules by which to j choose a clock. It would be very inconI venient not to go by a generally accepted ; clock ; if not any hqtelkeeper could alter ! his clock and make excuse. It should be | remembered that in any action taken by j the police it is not known what their inI structions are. No fault can be found Iwith th,em. The greater portion of their 'duties are necessarily unpleasant. It is inot only the police but the persons who ;are competing—a vast multitude who are ; engaged throughout the Province in the same trade We have, at the present time, eleven houses in Waseby. If the iowner of one offends, ten are watching. Gentlemen,have a right to meet together, and spend their time as they like; but not after hours. The hotelkeeper's duty is then to dismiss those not living in the house. There appears to be nothing in this case showing wilfulness in any degree. According to Mr. Bailey's evidence they remained some ten minutes after time: Tt might have been better if the police had been cbntentwith a caution. As to the charge nothing need be kept as a record to crop up at a future licensing day. [Mr. Eowlatt: There would be if there is a conviction.] The police must necessarily draw a line somewhere. There was in .this 'Case- the'barest shadow of an offence, which could be met by a caution. Case dismissed.

(Before H/A. Stratford, Esq., R.M., and W. | Grumitt and L. W. Bußeh, Esqs., J.P.'s.) ' "Walter Mbi gah'"v. Jane Coilingwood.— Suit for, £1 9s, 6d. Judgment by default, for £5 lis., a*i 13s. costs. ; * ; '■■ Eobert Keenan v. Mary Cudden. — Suit for £2. In default of the appearance of the plaintiff, the case was dismissed. The defendant was allowed ss. expenses.

David Drysdale v. Ben Padget— Suit for £lO. Judgment, by consent, for £8; costs, 255.; and professional fee, £1 Is.—• first instalment to be paid to plaintiff on 31st August, with Court costs, and expenses, and the balance in three monthly instalments of £2 each.

Walter Morgan v. Edward Johnston, —Judgment by default for £l3 Os. 6\A. and Court coats £l'9s. <