RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume IV, Issue 811, 18 November 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before T. W. Parker. Esq.. R.M.) DRUNK AND DISORDERLY. Duncan M'Kinley, charged with having been drunk and disorderly in Thame3-street on Saturday, pleaded guilty, and was discharged with a caution. GAMBLING IN A LICENSED HOUSE. William Maitland was charged with having permitted gambling in his licensed house, the Commercial Hotel, on the 31st October. The defendant pleaded not guilty, and was defended by Mr. O'Meagher. Sub-Inspector Smith gave evidence of having gone into the defendant's house on the night in question, accompanied by Sergeant Keattie, in a small room in which there were four men. One was lying on the sofa, aud the others were playing cards. He won't to the 1 ar and asked for Mr. Maitland, but was told he was out. Sergeant Beattie gave similar evidence. This was all the evidence. Mr. O'Meagher submitted that there was no offence, and quoted authorities to show that it no nionev "-ps staked there was no {'•ambling. There were lawful and unlawful games, and many games which would he unlawful if money was played for were perfectly lawful if no money was staked. It was a fact that the men were not playing for money. The statute never intended that a man should be prosecuted for playing a quiet game of cards. It would be monstrous

to suppose that the Licensing Ordinance ever { intended that because a man lived in a hotel I lie was to be debarred from indulging in a j pleasant game of cards with his fellows, so ; long as money was not played for. His Worship agreed with Mr. O'Meagher. and dismissed the case. HUNTING OAME OUT OF SEASON. William Rule and J. Smart, two lads, were charged with having, on the 3rd hist., unlawfully hunted hares, contrary to the statute made arid provided. The defendants pleaded not guilty, and were defended by Mr. Hislpp. Sub-Inspector Smith prosecuted, and Mr. O'Meagher watched the case on behalf of the Acclimatisation Society. Alexander Thompson, butcher, residing at Kakanui, and a ranger under the Accliinatisation Society, stated that on Sunday morning, the 3rd inst., about five o'clock, he saw the defendants in Messrs. Fleming and Hedley's paddock at Awamoa. He was • in company with his brother and another man. He was about half a miJe off when he { first saw them, but kept riding- towards • them. Tlvy were about 2">o or°3oo vards ■ from the road. There were three others in ■ company with them. They were walk- '. ing in a line. One of them held uvo grey- ' hounds and another one dog. lie believed it was Rule who had the "two dot's. He ' then went into the paddoek. and as somi as they saw him they all ran away. He came [ up with two of them, and said to Rule that '• there was surely sufficient time to course hares in season, without tackling them when ; they could scarcely run 100 yards. Rule , did not reply. He also spoke to Smart, and ; told him lie would tell his father. He could say positively that there were hares in the : paddock, as he had seen them that morning. , Cross-examined by Mr. Hislop : Witness i said that he had a greyhound with Inn that morning. He generally had a greyhound '. with him when lie went out in the morning. ! Sometimes one followed him, and sometimes i more. He gave the information about the , defendants, but had not done so with regard • to the other three because lie did not know them, though lie told the police he believed , one of them was named Hook. He could not swear that Smart had let go his dog before, getting out of the paddock, but lie was sure that Rule had done so. When they j saw him they all laid down, but got up again I after lie jiasscd. He would not swear that it was not six o'clock when he saw the defendants. He watched them for about five minutes. To Sub-Tnspcctor Smith : It was sunrise when I saw the defendants. To Mr. Hislop : 1 saw the hare in the paddock while the defendants were in it. j Daniel M'Laron, in the service of the hist ! witness, gave evidence as to having seen the i defendants in tin: paddock in question on I Sunday, the 3rd instant. They had three i greyhounds with them. The remainder of this witness"* evidence was of a very inde- ! finite nature, but was a corroboration of the • last witness's statement. j In eross-CNainination by Mr. Hislop. wit- ! ness said that he thought'it was fully fifteen ; minutes from the time lie saw the defendants ] until he came up with them. i Peter Thomson, brother of the first wit- j ness, also gave evidence as to having seen ; the defendants in Messrs. Fleming and Hed- | ley's paddock on the morning in question, j He was about half-a-mile away from them i when he first saw them, and they wore about \ 20!) yards from the road. They had three i dogs with them in the pa'dock, but he could not tell what breed they were. He saw one of the dogs afterwards, and took it for a greyhound. The defendants were out of the paddocks when lie saw them turning away. Cross-examined by Mr. Hislop: "The defendants and the others laid down while he ! was behind them. He could not say when | they got up. He might have been ten j minutes out of sight of them, and between first seeing them and coming vp with them i five minutes might have elapsed. He dismounted and held the greyhound which was j following his brother, I This was all the evidence for the prosecu- j tion. \ Sub-Inspector Smith put in the Gazette i notice in reference to the season for hunting j hares. " j Mr. Hislop submitted that there was no j evidence in support of the case. He did not i know under wliichsection the prosecution was j going. The 10th did not make it an offence ! to hunt, shoot, take, or kill any game. Xo j penalty was provided for, and a broach of j the clause was not a misdemeanor. He main- j tained that no oMenee had been proved. Xo \ game had been hunted, shot, or taken. They 1 might just as well accuse a man of bu>li- : ranging bee.'.u.-.' he wa-; funnd with a gnu in ; a place where lie might commit the oiience ; as accuse the defendants of hunting hares ■ because they were in a price whore hares ; might lie hunted. The defendants bail : merely crone out to trivu Mr. Smart's doir a : run. 'They had been' bathing on the beach, j .and were faking a short cut across the pad- | dock in order to tret on the road. ! His Wordiip said he would like a little! time to consider the point raise.! by Mr. ! Hislop before giving bis deeisi...u upon it. and j would therefore adjourn the ease until to- ; morrow morning. '•