PAPAKURA MAGISTRATE'S COURT.

Pukekohe & Waiuku Times, Volume 5, Issue 215, 6 October 1916, Page 4

PAPAKURA MAGISTRATE'S COURT.

Monday, October 2nd. [Before Mr F. V. Frazer, S.M.] A TENANCY CLAIM. Mrs Eleanor Dennis (Mr H. J. Brewer) claimed the sum of £5 5s for rent and possession of tenement, from James Nielson, a horse breaker. On formal evidence being given by Robert M. Gillespie, land and estate agent, of Papakura, as agent for plaintiff, showing that there was a weekly tenancy and that he had served defendant with formal notice to vacate the house, judgment was given by default for the amount claimed with costs £1 14s and an older for posssession within 14 days boing made.

PROHIBITION ORDER BREACH When called on to answer a charge of having procured liquor on the lGth September during the currency of his prohibition order Hugh Kirk, a farmer residing at Papakura, pleaded " not guilty." Constable Waugh proceeded to explain that on the date in question Kirk was under the iniluence of liquor and was in company with another prohibited person. On being given the opportunity of questioning Constable Waugh, Kirk replied : I don't know what I can ask him," but later when asked by the Magistrate what lead up to Constable Waugh taking action, he replied : ' I asked him when Court day was as I wanted to take out a summons against him." Constable Waugh gave further evidence to show that it was Kirk's desire at the time to discuss his prohibition order with him. The Magistrate remarked that it was bardly the act of a sober man, but Kirk contended that it was and proceeded to state that it had bean his intention of proceeding against Constable Waugh for striking him on the eye and then arresting him for giving " cheek " some few months past. Constable Waugh explainoi that Kirk was arrested for drunkenness on the .occasion referred to. The Magistrate on peiusing I several of Kirk's prohibition orders said that although this was the first occasion he had broken his present order he had broken previous orders j on numerous occasions, no would 1 bo fined £2 and costs 7s.

| An Hotel " Slate" Account. Magistrate's Cutting Remarks.

Following on a claim at the Papakura Magistrate's Court on Monday last, in which judgment by default i was entered for Mrs M. A. Macredie, of Devonport, as executrix under the will of her mother, the late Mrs Sarah Waterman, formerly proprietress of the Papakura Hotel, as against John McKenzie, of Apitu, I for £ls 5s 9d and £1 lis 6d costs for liquor supplied, the Magistrate (Mr F. V. Frazer) expressed indignation at facts as revealed in a similar claim for £9 14s 9d, which was disputed by the defendant, Gavin McMurray, a farmer, ol' Papakura, about 70 years of age. ! Mr A. L. Taylor appeared for the plaintiff and Mr H. J. Brewer defended. The statement of claim was as follows, viz. : Cash lent £4 15s, refreshments £6 14s 'Jd, total £ll | Us 9d, less £1 15s for pumpkins supplied by defendant, leaving a balance of £9 14s 9d. In outlining his case, Mr Taylor said that the defendant went to s*ay at the Papakura Hotel during the time Mr Clarence Waterman was licensoe, and being recognised by the licensee as a man of substance Lovelock was instructed to advance him small sums of money, and, further, he was allowed credit for drinks ho purchased during the occasion when he boarded at the hotel. The Magistrate remarked that it was impossible for a man to drink £9 of liquor in three days as set out in the statement of claim, and he expressed the belief that had Mrs Waterman been alive the case would never have been brought before the Court, as if it had been she would have had her license endorsed. Daniel William Lovelock deposei that during his term of employment | as barman by Mr Waterman at the hotel, defendant boarded there on several occasions, sometimes for a fortnight at a time. He could not swear that defendant was there on the 12th, 14th and 15th of October, 1915, but he thought he was. By Mr Waterman's instructions he lent defendant money. He refused him drink when he was intoxicated but not money. In answer to the Magistrate witness said that he did not get defendant to sign a slip when he lent him money. Tho Magistrate advised witness to see that he received slips in future, adding that tho practice, if continued, was likely to be very risky. Continuing witness said that

several people in tbe hotel supplied defendant with refreshments. In answer to Mr Brewer witness stated that defendant generally drank pony beers. Mr Brewer claimed that defendant would have had to drink a large number of " pony " beers before the amount reached £9 odd. Clarence Waterman related how on one occasion he took from his pocket £1 which belonged to the estate to lend to defendant, The Magistrate advised witness that defendant was liable to him for the amount and not the estate. Mr Brewer intimated that his client was prepared to pay the £ 1 to witness. The Magistrate (to Mr Taylor): You'll, have to take a non-suit. It's a scandalous transaction and I'm very pleased Waterman is out of the hotel. I would not give Mrs Waterman a license and I am very sorry I gave the son one. Plaintiff will have to pay the Court costs, 12s and the solicitor's fee £l.