RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 436, 20 September 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (liei'nroT. W. I'aiuo-'.i;, I'.sq., K.M.) DltrNlv ,\N!> DIsOitIM'.KI.V. John Tolly, charged with having been drunk and diso-deriy in Thames-street tins morning, pleaded Oui'ty. and was find 75., or .'ili hours imprisonment. si.v-i:i:oi:-si:i.i.ini;. Patrick Cartcy was charged with having, on the llth August, sold one glass of brandy to one James Donaldson, without being licensed so to do. Mr. O'Meagher appeared for the prosecution, and diner lor the defendant, who denied the charge. James Donaldson deposed that he knew the defendant, who is a boarding-house keeper. On the night of Ihe llth August, he saw the defendant in the front room ol his boarding-house. There wa-i a dance uoin-' on thai, night. He (witness) went into a room at the back of the house. He saw a female there whom he believed to be Mrs. Carney. He eatleil for a glass of beer, and asked'the female to have something. She had a "lass ol lemonade, and he gave her a shilling". He had some other drinks, but the female? whom he believed to be Mrs. Carney, refused to lake payment. Carney was not pre-ent when he (witness) had the beer. There was a man named William Smith present when witness had the beer. There w.re a number of others present whom le did not know. There w.s a good amount of drinking g'-ing on. and Carney could not have helped soeiig it going on. Th ■ beer was not taken out of a cask.

To Mr. I'alniei': 1 made this memorandum when I went homo that night, 1 wrote it from ;i meuioi.anduin in my hook. Mr. li diner : I do not think it necessary to ask the witne-s any questions. Mr. n'Meagher : 1 don't think it is. Ueni'v Stock, :>.n hotel-keeper at Kakanui, was called. .Mr. O'Mcagher : T)o you know the defendant '.'

Witne-s : I don't know him. Mr. O'Meagiier : Were, you ever in his house '/

Witness : Not that 1 know of. Mr. O'.Mcagher : Where were you on the 11th August." Witnos : I cannot-. pay. Mr. O'.Meaglier said that there had evidently heen some iniiuence at, work, and he would therefore withdiaw the charge. ANOTIIKK (AS!-:. Kachel (Irace wa< charged with having on the --'-Mi August, sold to one 1 ieiiry Stock three glasses Til' beer, without being licensed

The defendant denied the charge. Mr. (/Meagher appeared I'm- tin: prnseeu tii'ii.

llenrv Stock deposed t.hah lie knew the defendant. II'.; ivik in her hmise mi the •-M-tli Augu-t. He was there for a'auit three hours, .lames Donaldson was also there, ami asked him it' he was going in shout. Witness replied that he lia.l ju.-t ha.l a drink wbh .lames Ailen, but that they would have a drink toget her. He then called for three lieers, for which he paid Mrs. Grace eighteen pence. Cross-examined '».>' defendant : 1 was sober when I came into your house. Yen did not tell me to leave your house and go to a pub-lic-house for drink.

.Defendant: Von are swearing to the biggest lie that was ever told.

To Mr. O'Meaghcr : I was sober when I paid Mrs. Crre The money. William Miller was called, but did not appear. Mr. O'Meaghcr said he would take steps to compel the witness to appear. .lames Donaldson deposed that he was wiili .Henry Stock at the defendant's boarding house on the night of the L'-lth August, Stock a.-ked him to have a drink, and ca led for three drinks. Stock had " shady-gall','* he (witness) had beer, and a man named Allen had beer also. Stock paid Mrs. ("race for the drinks. He saw her take the money. At this stage of the case Mr. (("Meagher asked to have the information amended by substituting "two glasses of beer" in lieu of " tine" glasses.'* Cross-examined by defendant : 1 did not pay for any drinks, but Henry Stock did. William Miller was again called, but did not appear. "Mr. O'Meaghcr asked the Hench to deal with him in the ordinary way.

This was all the evidence for the prosecution. The defendant did not call any witnesses. Mr. O'.Meagher asked that the line in (hi* be made as light as possible, seeing that .Mrs. Oraee had lately been compelled to seek the protection of the Dankrupley Act. The defendant stated that the night in question was the opening night of her board-ing-house, and that wine, beer, tea, and cakes were supplied gratis. His Worship said he would adjourn the matter until tomorrow morning, in order to see what could be done with regard to the witness who had not appeared. a Tinun cask. .Robert Kccnan was charged with having on the -2Jucl August, sold one gl.i.-s of beer and one gl.iss of brandy mixed with lemonade, t.i one James Donaldson without being licensed to do so. Mr. O'.Meagher appeared for the pro.sneutio •, ami Mr. lidmer lor the defendant, who d«.nicd the chage. James Donaldson clepo ed that on the 2 aid August he was in the defendant's house, ami saw him there. This was about 11 o'clock at night. His (witness') wife was with him. They went into a little room commonly called the bar. He (witness)

called for two drinks, and defendant s< them. Witness had a long glass of and his wife had lemonade and brandy, paid Kcouan one shilling for the dr The beer was taken out of a hogshead the brandv was taken from a deeanter. Cross-examined by Mr. Baliner : Wj said lie would swear that Mrs. Kccnai not turn bun out of the house on the August, or order him to leave. She t on the "Jotli August. lie did not go 1 house on the night in question lor tl press purpose of " trapping" Keenau. did not give information to the police the lir-t he heard of the suininons was Mr. K'eenan, after it had been served, had an intere-l, in the re-ult of the eas behalf of the Licensed Victuallers' As> lion, but he could not say how much Ik to get. He had gone round with others to the boarding -houses for the pose of obtaining convictions against pe for selling liquor. lie would not sweat he had earned Bo dining the past months except as an informer. lie-examined by Mr. O'Meagher : Wi siid he had not laid the iuloriuafio given the information to the police, an iirst he had heard of the case was Iron defendant, who had constantly .'.ailed <> him in the street. "There goes the infon The defendant had :>ske..l him if he \ lake id 00 to dear out, He had not, s any of the informations in these cases. "Maria 1 >onaldson, wife of the last wit gave corroborative evidence as to goii the defendant's house in company will husband, and said that. Kcouan uupplic husband with a g'ass of beer and h with a g'ass of brandy and lemonade, husband paid Kecnaii Is. lor the drinks Cross -examined by Mr. Baliner : Wi said she had given Tier husband the sit to pay for the drinks. This was the ease for the prosecution Mr. Baliner. in addressing the Bench he would ask his Worship to take tin deuce of the lirJ. wi ness with grcateai as he had admired that. lm had a peril interest in the result of the ease. The following witnesses were calle tin. do r onee :

David liarvie <li>]>osi'-l that, <>n the August. he told Mis. Keeuaii that, tin: Donaldson was going to the hoiue Id_ In- could lay an informal i< 11 against, I<' fur sl\ -grog-selling. I>< >n.'i]« I< ni was tl flu- lidiT-i'T .•iml Mrs. K'onau ordered out., giving I In' ro.as .11 Ih.a he wan ; formic. Donaldson hid not, been il liousi.' since to his knowledge. Hi! 11l idi':i of what liipioi-s there were in fhol :ls ]„. carted :ill the liquors to t Ins 1 For six week- prior to tin- li'Hh AugiiHf illicit have been some l«"'l' and some W in the house, Iml. there win no brand? there had heen any brandy in the hou would have known about, it. lie had M-ell Donaldson spend any money ill K H hou-e.

Cress-exanii.'ed by Mr. < I'Meaglier. ne-s '•.•till he was in the service, ol Ki enin as expu ;-ma:i. and carted i thin- to the li ni.-e. llu would .swe.'i lie got; no hrandy for Kecnan iVoni Mr. dining Hi" last two inoiiihs. He lwi ■'of any lioni Mr. < 'ahill. and Keena not got any from Mr. T. 11. I'.rowu tl was"aw.ire of. Neman occasionally the express himself. He would swe.a for six weeks prim' I" Hi" :iu:!i Anoint wa- no lir.iiidv in (he li<>n c There have heen a'bo','e of hr..,idy in the without him seeing it.

Vrv Ivi i. 1; Lloyd said he was ill. Kei on Hi" ISili .\iigu-t, :ni.l mi'.v Don: (] l( .iv. Mrs. Kecuau (•■mi'' into I In: ki where they wiv, and LnJ.I Donaldson out. of 1 he'hoii.-e. saying li' l believed 1 come there I.i gel. li.j'icii' aii'l hil.n-m ,(. He j,.-|,| li.-cli ill tin' Ik'H ■•' several si||.-i-. ."lid had MrlVl' Seell Doll.ddsoll since Ii- was tuned mil. I> < m -11 <I m > told liim yesterday llia.t lie had been house since In- ■ v.a- tinned "Hi- ll* lies) had Kcrnm several lime;-). Hi., hi I. eight wets for .'■•■' in.' I.i-..iiil Keeiian had told linn I-h;>l. he did i'" it.

Cross-examined by Mr. < ('Meagher : ness staled thai. In- never could get I at, Keeirill's. lie had beer there s limes, but had not, paid for it, The for his remembering thai, it, win on th 'hat. Mrs. Keeinn turned Donaldson the lions • was (hat, he had received a about (hit !iui". II" had been talkinj David Carvie about (he ea.se. hut he i think they had mentioned the IStii .' or I he row.

Koberl, Ke.man. Ill" defendant, di that he had not had any brandy in his for tic last, four or live nmnlh-s Ile d remember seeing Donald-on and lih w the night of Hie '-••.'lid August, lie di scN anything In either of them oi night. ' lie had never l 'ived any I from Donald-on for drink. If he (D son) had paid for any drink. witness have wondered where he got, the 1 from. If he had seen Donaldson fin wife in his hou-e on the '.'-Jnd Aug! would have put them out of the wim he could not. have put them out, of file The reason whv he would have done y that he heard Donaldson was an inforn Cross-examined by Mr. (''Meagher: ness said he had not; had any drink I'rol Cahill or Mr. Seolt, within the but weeks. The last brandy lie got from C was two bottle ■:, whieh he carried liom> self, lie believed that some spirit* Inn to his boil e from Mr. Seol.t/s. whieh taken there by Carvie. Tie re wan port wine, but no brandy. He would that he did not see Donaldson and hi: in his (witness') hmi-e on Hie night 2±v\ August, and that lie had led i him with any drink. This was all the ovdeiice lor Hit: de His Worship said he would take ti look tnrniigh the eviibn •". and give I cision to-morrow morning. (For r(i)ii;i)initiii)l til' Xrirs yi-r Foil Till J