MAGISTRATE'S COURT.

Oamaru Mail, Volume I, Issue 246, 5 February 1877, Page 2

MAGISTRATE'S COURT.

THIS DAY. [Before T, W. Parker, Esq., R.M., and James Murison, Esq.. J.P.] DIIUKK AND DI.SOBDERiY. Thomas Cumin was charged with being drunk and disorderly in ltchen-street, on Saturday ; fciie same prisoner was further ciiarged with damaging the uniform of Constable Stewart, to the value of 30s. For the first offence a fine of 205., or three days' imprisonment, was inflicted ; and on the second charge an order .was made for 30.5., the price of the constable's coat. ANOTHER DBTHSTIi. Cornelius McCartney, on this charge, was mulcted in the sum of 405., or three days' imprisonment; accused was farther charged with creating a disturbance in a public place, in which John Haggie, landlord of the White Hart Hotel, gave evidence of the boisterous and unruly conduct of accused. As it was the first oifencs, and a hea\ r 3 r hne was inflicted on the tii-it charge, the accused was discharged with a strong caution from the Bench not to repeat the offence. BREACH OF THE LICENSING ACT. Thomas Procter was complained against for unlawfully allowing, on the 24th of January last, a person in a state of intoxication to remain in his licensed house, the Royal Hotel, such person not being a lodger, g a est, or inmate of such lioaao. Defendant denied the charge, and the Sub-Inspector called John Stewart, who deposed : I am a police constable, . stationed at Oamaru. About half-past ten o'clock on the night of the 24th of January, I was on duty in Tees-street. I saw a drunken man lying on the floor of the bar. .1 passed by in about a quarter of an hour afterwards and he was lying there still. I saw defendant in the bar at the time, serving customers who were in another department. i The drunken, man lay there until

near eleven o'clock, -when the put him out orf-the footpath. As>*2 ] man was very helpless. I toot him to station and* locked him up. ,1 did not see the man served "with liquor at any time while he was in defendant's house.

Defendant, in reply to the charge, said : On the evening of the day named by the constable; between eight and nine o'clock, two men "with swags came'into the bar and asked for something to drink. I saw they were, intoxicated, _ and refused to serve them. They staid in the bar some time, and said they had travelled a long way and were very hungry, and I gave them a plate of bread and meat, which I saw them eat. They sat for a little time longer and then went away. About halfpast- ten o'clock somebody came into tha bar and told me there was a man lying in front of the counter 1 . I went round and found that one of those men whom I had been feeding had fallen down and gone asleep. I shook him up and put him outside, and while I was doing so the- police- 1 man came up and took him into custody. To the Sub-Inspector': He might have been lying there for three-quarters of an hour, but I was not aware of it. He was not supplied with any drink whatever. He was very drunk when he came in, and when I tried to arouse him it was necessary to sprinkle water on his face. The Sub-Inspector stated that it was very often the case with publicans to supply men with drink until they became thoroughly intoxicated, and then throw them out on the footpath. He did not say such was the case in this instance, as there was not evidence to substantiate that charge. This case was brought as a warning to publicans.

The Magistrate said there was no evidence to prove that the man had been supplied with drink at the house, but the information laid was for allowing a person in a state of intoxication to remain. However, after the testimony for the defence the case would be dismissed.