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MAGISTRATE'S COURT.

YESTERDAY'S SITTING. (Before Mr. J. W. Poynton, S.M.). BREACH OF MAINTENANCE ORDER George V. Martin was charged with failing to obey an order of the Court for the sum of 5s per woek for the maintenance of his son Leslie George Martin, who was committed to the Nelson training farm. Sub-Inspector Hutton prosecuted and said the arrears were £8 .10s. Defendant had paid one amount of £2 and had then said he could pay no more. Defendant stated he was a laborer and earned £3 per week. He was a married man with four children and paid 9s per week rent. He promised to pay the 5s per week in future. He said the hoy had now returned home. The court convicted, and ordered defendant to come up for sentence if called upon, the order to be suspended provided he paid the arrears at the rate of {£l per month.

TRUANCY CASES. The Taranaki Education Board's* truant officer (Mr. G. Pascoe) proceeded against Richmond Johnston for failing to send his son Newton Johnston toi school. Mr. T. P.. Anderson, appeared: for. defendant and pleaded! not guilty. He; said the boy's future was' a horse trainer and the boy was a licensed jockey. At the time of the-charges they had intecded going to Sydney, but had gone tu. Hawke's Bay where they were at present The boy's books had been sent for and it was their intention to go to Sydney next month. He thought a conviction would meet the case. In reply to the Magistrate the truant officer said the boy was 13 years old' and wan in the 3rd standard when last at school. A fine of 10s (casts: 7s) was imposed, the Magistrate remarking that it was a very low standard for a bov. <if 13. Ernest George was charged with being the father of. John George who was not enrolled on the register of any school. The truant officer stated the boy was between 12 and 13 years of age. His father had been repeatedly fined for failing to, send him to school. He had not been to school this year. A fine of £2 (costs 7s) was imposed.

ALLEGED FALSE PRETENCES. Frederick Thomas Ellis appeared on charges of obtaining goods to the value of over £l6 by false pretences, and was remanded to appear at Hawera, where the alleged offences took place, on June 25. Accused was granted bail in his own recognisance of £IOO and two sureties of ,£SO or one of £IOO. ROYAL HOTEL CASES. • JUDGMENT DELIVERED. The Magistrate gave judgment in the case of the police v. Wm. George Emeny, licensee of the Royal Hotel, who was charged with keeping open for sale, and with exposing liquor for sale during closing time, and also the police v. G. H. Knight and P. B. Fitzherbert, who were charged in the same connection with being found on licensed premises during closing hours. Mr. Poynton reviewed the facts and the evidence adduced, and said, in regard to the occurrences and the conversations between the police and the men on the premises at the time, that as the officers ir.ade notes of what took place, and of these matters, as soon as possible after their return to the station and their writings were available for cross-examination, the court must conaider their account the most reliable as, to what did occur. He then proceeded to say: There appeared to be no difficulty for anyone to get to the bar slide at the time. He also referred to the case relied upon by the prosecution ("In re Biggins") in which the late Mr. Justice Williams said, "If the liquor is thus exposed (slide being open) and the surrounding circumstances lead to the conclusion that liquor could be had by discreet persons on paying for it, then the liquor is exposed for sale." In this case, continued Mr. Poynton, I cannot help concluding that liquor could have been had; and also that it would have been supplied to one of those two men at least if the police had not intervened. In addition to the defence on the facts a further technical defence was relied upon, it being urged that on reading the different 'statutes relating to the subject it would be found that neither "keeping open" nor "exposing for sale" is an offence on election days, the only thing forbidden is "selling." After referring to the particular sections of the Acts, the Magistrate said: It appears to me the intention was to close hotels on April 10, and not merely to prohibit selling liquor. There are many reasons for this. In cases like this, where there are seemingly irreconcilable provisions in different statutes the later enactments ie the governing one (see Maxwell: 'lnterpretation of Statutes" sth edition, 253). Defendant will therefore be convicted for exposing for sale, and fined £5 Is (costs 7s), security for appeal being £lO/ plus amount of fine and costs. The charge for keeping open was dismissed. In the case of Knight the Magistrate said: In defended cases of this sort all sorts of excuses are made, but to say that a customer and friend of a hotelkeeper would go to the slide, ask i for change of £1 and go away with it all without asking for a drink is putting too great a strain upon the credulity, of the court. I am not satisfied, in 'the words of the Act, that "his presence on such premises was not in breach of the provisions'of ■jthis Acti" He will be fined £1 andordered to pay costs (7s). In the case against Fitzherbert the Magistrate said the position was slightly different. He was working in the interests of the hotclkeepers on that day, and went to the hotel to see if anyone had not voted, and knocked at the slide. .... It was urfwiße of him to go to the slide on such business during closing hours, but there was just sufficient doubt in this case to give him the bene"fit of it. The case was therefore dismissed.

Sub-Inspector Hutton appeared for the police and Mr. A. H. Johnstone for all the defendants. BREAKWATER HOTEL CASES. On the application of Mr. A. O. Lawson several licensing cases concerning the Breakwater Hotel were adjourned until July 3, Mr. A. H. Johnstone, who was to appear for the defendants, being unable to attend on account of illness. The application was not opposed by the police in the circumstances.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/TDN19190620.2.49

Bibliographic details
Ngā taipitopito pukapuka

Taranaki Daily News, 20 June 1919, Page 6

Word count
Tapeke kupu
1,081

MAGISTRATE'S COURT. Taranaki Daily News, 20 June 1919, Page 6

MAGISTRATE'S COURT. Taranaki Daily News, 20 June 1919, Page 6

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