MAGISTRATE'S COURT

Southland Times, Issue 20082, 20 January 1927, Page 8

MAGISTRATE'S COURT

SITTING AT GORE. A LICENSING CASE. At a sitting of the Gore Magistrate’s Court yesterday Mr 11. J. Dixon, S.M., presiding, Walter McKinnon (Mr Inder) was charged with procuring liquor with intent Io bring such liquor into a no-license area and with failing to give a written statement of his name and address to the licensee as required by section 147, sub-section la of the Licensing Act, 1908. O. Buchanan, barman, Railway Hotel, Mandeville, said that, on December 8 last a man named Ainnon called at the hotel. McKie got. a bottle of whisky and Crawford >ix buttles of ale. They did not sign nor did they advise him that the stuff going into a no-license area. McKinn. did not give a signed order. It was the custom of the hotel to sign the name for small quantities of liquor (the amount mentioned in the Act or smaller), and for large amounts purchasers had to sign name, address and occupation. McKinnon took possession of the whisky. Witness did not say anything to McKinnon aboii* taking liquor into a no-license area. To- Mr Inder: At the time of the sale he was very busy and could not say whether he sold the whisky to McKinnon or to Crawford. He had no recollection of McKipnon saying anything to him, but tho person who purchased the whisky purchased no ale. To Sergeant Packer: The ale and whisky produced were similar to what they sold at Mandeville. Constable Shugrue gave evidence relative to bringing McKinnon, Crawford and Pope to the police station on December 8. A parcel of liquor was brought with them, and Sergeant Packer asked to whom t-he stuff belonged. McKinnon said the bottle of whisky and two bottles of ale belonged to him. At the scene of an accident on the Knapdale road he saw a bottle three-parts full of beer, and he found the parcels of ale in a hedge. To Mr Inder: McKinnon was drunk at the time he was brought in to the station. Sergeant. Packer stated that on the morning of December 9 before appearing before the Court McKinnon had asked for a drink out of his bottle of whisky to pull himself together. The previous night McKinnon was the only one to come forward to claim any of the liquor, but in the morning he said nothing about the ale. To Mr Inder: It was quite possible McKinnon procured the ale from some other source than at the hoteL David Heydon said he remembered Crawford at a motor accident, but he could not be sure about McKinnon. He saw two men carrying parcels from the car to kick them into a fence. Mr Inder said he practically admitted the facts. Sergeant Packer said the quantities were not in dispute. Walter McKinnon, Knapdale Road, said he asked the barman to give him a bottle of whisky to take back with him. The barman would not know where he was going. To Sergeant Packer: He had never signed for a single bottle of whisky anywhere, but he always signed for two bottles. Mr Inder said that under section 147, sub-section la, of the Act no penalty was given for the offence committed. No law was available on the matter other than in Police v. Scully, where Mr Cruickshank, to get over the ambiguity of the Act, held that a man could have two residences. There was an exemption in the Act, and this allowed of a resident in a no-license area purchasing a small quantity of liquor without signing for it. The Magistrate reserved his decision. Alexander Crawford (Mr Inder) was similarly charged. Mr Inder admitted the facts, which were the same as in the last case. The Magistrate convicted the accused. Mr Inder applied to have the cases treated leniently on the ground that it was not generally understood that it was necessary to supply the Licensee with the name and address when purchasing such small quantities of liquor. The Magistrate ordered each of the accused to pay Court costs 7/- and witnesses’ expenses 14/6. CLAIM FOR WAGES. H. Doreen (Mr Aitken) proceeded against Hector Day (Mr Inder) on a claim for £lO 12/6 in respect of wages alleged to be due for work done by the plaintiff when in the employ of the defendant. The plaintiff stated that he had agreed to work as a bricklayer’s labourer at the rate of 16/- per day at Gore and later to work at Moa Flat for 14/- per day and found. He had kept record of the hours worked, and the amount claimed represented the balance due to him.

The defendant alleged that Doreen had agreed to work for 14/- and 13/- per day respectively, and also that Doreen had not worked the full time for which he claimed. The Magistrate gave judgment for the plaintiff for £8 18/1, with costs £2 17/-. ALLEGED NEGLIGENT DRIVING. Arising out of a collision between two cars on the Gore-Knapdale road on December 9, Thomas Allan (Mr Bannerman) was charged with negligent driving. Sergeant Packer prosecuted and after lengthy evidence had been called the case was adjourned until the next sitting of the Court.