SUPREME COURT.

Rangitikei Advocate and Manawatu Argus, Volume XXXII, Issue 8930, 21 September 1907, Page 2

SUPREME COURT.

(Before Ilis Honor Mr Justice Cooper.)

Charles Erioson, who was convicted by Mr James, S.M.,atPfthiatnaoutho ISth July, for selling liquor without a license, appealed against tho Magistrate’s decision. Thu appeal was made ou a point ot law and on the facts of the case, which, it was alleged, were briefly that a bottle o£ liquor was sold by appellant for 12s to one, McDonald. Mr McSherry, of i’ahiatua, appeared for appellant and tlio Crown Prosecutor (Mr Loughnan) for respondent (Constable Catlanacli), considerable evidence being hoard. Erickson’s version of the affair was na follows ;—He was a bootmaker ;\t i’uiig.w roa, and first saw McDonald on tho day in question at Shaw’s stables. There wore a number of others there and they had a drink. '• One of them thou said ho would pav Erickson 15s which ho o'.va;j him, and asked for a receipt. They wga£ into a shop along with some others, whore' a receipt was given. McDonald cilmo in shortly after and asked if lie (Erickson) had any whisky, Erickson replied *‘.Xo’ clear out of it.” McDonald wofft out bu)l came back shortly after with a bot% of whisky and asked for corkscrew, Shaw took a pocket-knife out of hi| pocket with a corkscrew attached. This was handed to Erickson, and McDonald a deed him to draw the cork, which lio I did.

After hearing argument, His Honor; allowed the appeal, and ttio infoiniiatH was dismissed, ' No order was made as costs..