MAGISTRATE'S COURT.

Taranaki Daily News, 21 January 1916, Page 3

MAGISTRATE'S COURT.

LICENSING cases. - LIQUOR !AT AWAKINO. 'A- CASE PARTLY HEARD V A sitting of the Magistrate's Court ■ was held yesterday, Mr. A. Crooke, S.M., ■presiding. Joseph P. ißrough wa3 charged with (1) unlawfully keeping for sale a case of liquor, and (2) with selling a case of liquor in the Awakino and Mokau district, which is a no-license area. Subinspector Fouliy prosecuted, and Mr. A. H. Johnstone appeared for defendant, who pleaded not guilty. The case for the police was that on -November 18 Constable McGregor saw the defendant take delivery of a case of whisky on the Mokau wharf, the case being addressed to Brough. 'Next day there was a patriotic function at Awakino, and Brough was at Awakino, staying at the iboarding-house. Constable McGregor saw a Maori go into the boarding-house and come out later under the influence of liquor and carrying a bottle of whisky. Next day the constable obtained a search warrant, and on going through Brough's room he found an opened case, in which were two bottles of whisky, and a number of straw envelopes for bottles. Brough stated to the constable that he shared the case with two other men, each of whom got four bottles, lie drank two himself, and the constable found the remaining two 'bottles of the case of twelve bottles. The two men mentioned, however, denied that they had an interest in the ease of whisky. One said lie "borrowed" four bottles from Brough, and that he was going to repay him; the other said Brough gave him so.me of the whisky, but he could not remember how much. Constable McGregor gave evidence on these lines. He said defendant did "very little for a living." Cross-examined, witness said there were times when there was a good deal of drunkenness at Awakino. The case of liquor to Brough had been delivered through the proper channel. This closed the case for the police.

Mr. Johnstone contended that there ■was no doubt the statements told to the constable at Awakino were to a great extent untrue. On November IS Brough got a case of wliisky from Mokau and took it to his lodgings at Awakino. It seemed, said counsed, that the news of the arrival of a ease of whisky in Awakino spread like wild-fire. Defendant took a little of the whisky on the ISth. He was away from Awakino all day on the 19th, and on returning in the evening defendant found some of the whisky had been taken. It appeared that some men came to Awakino for a fete on the 19th, and hearing that ißrough had a case of whisky they went and took some bottles out of it. "The state of things in Awakino seems to be very bad," added counsel, "and I don't know how things are allowed to go on. When liquor arrives it appears to be freely taken of by some of the people in the town." The defendant gave evidence bearing out counsel's statement. He did not receive a penny piece or anything else for the liquor. At this stage the case was adjourned until next Wednesday, to enable further evidence to be called.

raid on terminus hotel. The licensee of the Terminus Hotel, Spencer Ridgley, was charged with selling liquor after 10 p.m. on December 9 and with exposing liquor for sale. Mr. A. H. Johnstone appeared for Ridgley, who pleaded not guilty. Senior-Se/geant Bowden stated that at 10.30 p.m. on December 0, accompanied by Constable Boulton, he visited the. Terminus Hotel. He knocked at the front door and received no reply. He went round to the back passage door. He heard people in the back bar, which was lit up, and he was in the act of knocking when the door of the back bar suddenly opened and a number of men rushed out. Witness and Constable Boulton went to the door immediately, and they each caught a man, while others escaped. tVhilc witness had hold of his man he heard Ridgley say, "Hullo, what is all this about?" Witness told him the bar was lit up and liquor was exposed, but Ridgley did not make any reply. There were four glasses on the -bar, all of which had contained liquor. There was a barmaid behind the bar. One of the men was under the influence of liquor. Ridgley said he had been out for a walk, and had just come in. To Mr. Johnstone: Five men left the bar, and of thosee caught two. One of these two was the barman, and the other was a man who subsequently stated lie was employed on the premises at the time of the raid. Another lijan, who witness admitted was a boarder, was also there. These were the only three men accounted for. Constable Boulton gave corroborative evidence, and this closed the case for the police. Mr. Johnstone submitted that the evidence of the police did not prove there was a sale or that liquor was exposed for sale. The Magistrate remarked that there were the glasses on the bar to show that liquor had been sold, and it was for' the defence to show that this liquor was sold before Further, there was the rushing of the men, and if the men had a right there they need not have rushed out as soon as the police appeared. The presence of the glasses was sufficient to warrant the conclusion that there had been % sale of drink. The licensee was convicted and fined '£s, with no endorsement of the license.

MILK VENDOR; PROSECUTED. 'Harry Crozier, a milk vendor, was charged with selling milk which did not contain the required proportion of but-ter-fat. Mr. A. A. Bennett appeared for defendant, who pleaded not guilty. The evidence of the police was that while the proportion of butter-fat should be 3.2 a, it was only 2.50. The defendant pleaded that his cows had got into a paddock of oats, and when they were required for milking they had to be subjected to severe "dogging," which had put the cows in an excited condition. This, defendant declared, accounted for the result of the milking and the deficiency in butterfat. The case was adjourned 'until 10.30 a.m. next Wednesday in order that defendant could obtain corroborative evidence of his statement. SELLING GUNS TO BOYS. Henrietta Lewis was charged with selling an air-guii to a boy under lfi years of age. The defendant admitted the offence, but said she s did not know she was committing an offence, in mak>ine the sale, and she did not advertise

these guns for 'boys. Tie Magistrate cautioned the defendant, but did i>;flict a penalty, A similar charge, was preferred against Allen S. Brooker, who admitted the offence. Defendant said he knew it was wrong to sell an air-gun to a boy under 16, but the sale in question had lieon made by one of his assistants without his knowledge., A fine of 10s was imposed<

BOROUGH BY-LAWS. Henry iP. HofTord (Mr. A. H. Johnstone) was charged with driving a mo-tor-car on a footpath in the East End bathing reserve. Evidence was brought showing that the defendant had permission from the secretary of the reserve to drive through it, but the police prosecuted under the borough by-laws. A conviction without a fine was recorded. Annie Cane, for driving a vehicle at night without proper lights, was fined 5s ami costs 7s. Frederick W. Iloraup pleaded guilty to a charge of allowing a horse to wander. He was fined 5a on each charge, with 7s costs. Albert E. Page was fined os and costs 7s for leaving a vehicle standing in the street at night without proper lights. For riding a bicycle on the footpath Ethel Johnson was fined 5s and costs 7 s.

AN EXPENSIVE LETTER. William Jacob was charged with placing a used postal stamp on . a letter which he posted at Bell Block on November 20. Mr. A. IT. Johnstone appeared for Jacob, and entered a plea of guilty. lie said Jacob was a Maori, and he had got a penny stamp on which the letters "N-E-W" were printed, showing that the stamp had already passed through the New (Plymouth Post Office. If Jacob had deliberately tried to evade postage it was a most clumsy attempt at fraud. Counsel contended that there was no attempt by the defendant to defraud the Department. A fine qf £1 and costs 12s was imposed.