MAGISTRATE'S COURT.

Taranaki Daily News, 17 December 1920, Page 5

MAGISTRATE'S COURT.

YESTERDAY'S SITTING. A sitting of the Magistrate's Court at New Plymouth was held yesterday, Mr. T ,A. B, Bailey, S.M., presiding. BY-LAW OASES. On the information of the borough inspector, George Tippins and Francis Keenan, for keeping unregistered dogs, Were each lined 10s, costs 7s. On a charge of allowing a cow to wander at Fitzroy, Percy Johnson was filled 10s, costs 7s. The borough inspector (Mr. K. Day) prosecuted. For driving an unregistered motor car, W. C. Bransgrove was fined 20s, with oosts 12s. The information was laid by the county inspector (Mr. B. Tippins), for whom Mr. J. H. Qnilliam appeared.

_ Cecil Wright was fined 20s (costs 7s) for failing to have gorse cleared from his property on Frankleigh Road. For offences in connection with wandering stock, L .Willison and J. J. Bates were fined 20s, and Isabella Wright 10s, costs 17s 6d in each case. Mr. J. H. Quilliam appeared on behalf of the prosecution. Ernest Richards, for whom Mr. A. A. Bennett appeared, was charged with allowing five cows to wander on the Waitara Road. Defendant was fined 20s (costs 28s). CHARGE OF HERbING ON ROAD. E. Phillips was charged with herding 100 head of cattle on the Lepper Road in tiie Taranaki County. The facts as stated by Mr. Quilliam, for the County Council inspector, were that the cattle were found lying down on the roadside in charge of two drovers. It appeared that the cattle had only been taken two and a quarter miles in five hours.

Mr. F. E. Wilson, for the defendant, said tliat Phillips held an annual stock sale at Stratford and among the entry was 100 head from the farm at Huirangi, being 100 head of high class cows close to profit, and it was necessary to drive them blowlv on the trip. On two occasions the stock were put on a side road to allow other mobs of cattle to pass. After hearing evidence. His VVorship decided not to enter a conviction, and the case was dismissed, LICENSING LAWS. CHARGES OF SELLING DISMISSED. At the Magistrate's Court, New Plymouth, yesterday His Worship (.Mr. T. A. B. Bailey)_ gave reserved judgment in prosecutions, instituted by the pulice .concerning traffie in liquor in the Awakino district. The first case was that against James Ross, the charge being of keeping liquor for sale within a proclaimed area. In reviewing the evidence, His Worship remarked that the police case rested on the fact that Ross had had .Miore liquor within the time mentioned than was reasonably necessary for his own ej> ; . sumption, and that prima there was a preemption that- he !in,4 been keeping liquor for sale One had to bear in mind the unusual conditions existing in evidence that there was a system of almost wholesale borrowing of liquor from one an»ther among the residents. The circumstances of the amount of liquor received by defendant were very suspicious, but apart from that there did not seem to be the slightest evidence of suspicious conduct 011 the part of the defendant. There was not sufficient to justify a conviction. _ On the charges against R033 of storing liquor, he was convicted on each count. The fixing of the penalty was deferred pending the assessing of costs. At the hearing defendant was reprei setited by Jlr. P. B. Fitzherbert. Informations concerning the sale of liquor within a proclaimed area, and with keeping liquor for sale in such area, had been preferred against F. Wolfe. In giving judgment His Worship reon the custom which existed in the district of persons borrowing whisky from friends, the liquor being returned when they got their next case I in. In a no-license area the principle (says the judgment) was liable to be abused, and in the case under review the defendant lent eight bottles to three people within a few days. The question for_ consideration was whether the transaction amounted to a sale. His Worship held that it did not. In dismissing the case, lie said: I would like to give a word of warning to the residents of the district that mv decision is based on the grounds that the alleged borrowing is bona fide. If there were any evidonce that the transactions were not bona fide, but that the lending of the liquor was merely set up as a blind, then th'e cases would come under the provisions of the section where the Court has only to be satisfied that a transaction in the nature of a sale took place. Mr. 'R. H. Quilliam appeared for defendants. In commenting on the cases His Worship said there was a good deal of doubt in the matter and the accused were entitled to the benefit of it. With regard to the statement that members of the Farmers'. Club were in the habit of buying liquor in turn, for the Club, he had received a letter from the secretary dojjiving this absolutely, Tt was admitted that there were lockers in the Club, but these, he said, were used in which to keep writing materials. (Laughter).