RESIDENT MAGISTRATE'S COURT.

Temuka Leader, Issue 2034, 17 April 1890, Page 3

RESIDENT MAGISTRATE'S COURT.

Geraldine—Wednesday, April 16. [Before C. A. Wray, Esq., R.M., and H, W. Moore, Esq., J.P.] CrVTL CASES. W. M. Howe y. J. H. M. Tagg— Claim £1 16s 3d. Mr E. Wilson Smith for plaintiff and Mr J. Hay for defendant. In this case plaintiff stated he had fenced one side of a road that ran between himself and defendant, and as defendant had fenced in the two ends of this road he had included it in his paddock, thus causing the fence erected by plaintiff to be the boundary fence between the two parties. Defendant had cropped the road with oats and potatoes. Defendant said the fence was not a boundary for him, and the gors e had spread right across the road on to his laud. He acknowledged having cropped the road. A good deal of evidence was taken, the positions of the sections and the road being pointed out by both parties on a plan. There were alse some money due for work done by Howe and his son, and contras of service of defendant’s bull for Howe’s cows. After a long and patient hearing the court said plaintiff might have been able to recover something if the fence he put up had been a good one, but as it appeared a worthless fence judgment would be for defendant. No costs were allowed. W. Campbell v, Henry Ohiverson— Claim £6 4s, balance of account. Judgment by default for the amount claimed and costs. Richard Coles v. 0. Tringrove— Claim £2 11s 6d.—Judgment by default for amount claimed, and costs. ALLEGED BREACH OE THE LICENSING ACT. J. Farrell was charged with having on the 28th March last unlawfully kept open his licensed premises during the time licensed houses are directed to be closed in pursuance of the Licensing Act, 1881, to other than hona fide travellers or persons lodging in his house. Sergt.-Major Mason appeared to prosecute. Mr Raymond appeared for the defence. Annie Parker, wife of Henry Hyde Parker, a saddler, residing in Geraldine : Remembered the first day of the races, March 27. Went "into Farrell’s yard to look for her husband. He was standing in the dining room. He had been drinking, but could not say where he got it. Could not swear whom she saw there. Her husband came out, and went home with her, Could not swear to the hour. The back part of the house was lit up. Asked Constable Willoughby if Farrell had a mght license. To Mr Raymond: No doors to the street were open. The hack part was lit up. My husband had been drinking. Could not say if he got it there. Constable Willoughby, sworn, said : Farrell bad an eleven o’clock license. On 27tb March walked up the street. At a quarter to one in the morning of 28th I stood on the path. The front door was shut and the lights down. I heard music and went round to the back. I there found the back lit up and people dancing, and the back door open, and Nos. 2 and 3 sitting rooms, Saw Mrs Parker, and her husband came out to her. I walked in and through the house, but said nothing, Saw Mr Farrell shut the door. Saw Messrs Pearpoint, Cunningham, J. Stringer, and G. Worner there- I came back at five minutes to one. Music was playing, while dancing went on. Saw no liquor being served. Farrell was in the bar, and Parker was calling for a long beer. The tap room and No. 3 were both locked when I went to gain admission the second time.

1 o Mr Raymond : I was attracted by the dancing in the kitchen. Three ladies were there, Mrs Darrell and two servants. A lot of people were staying there tor the races—boarders and travellers. Saw dancing, but no drinking. Some of the gentlemen are stewards connected with the Racing Club, but do not think they were there for that purpose. Dancing has been held for years past on racing night, but owing to the licensing committee objecting it was stopped. Saw no drinking. The house is generally kept very well. Sergt.-Majop Mason said it was easy to get permission to hold a gathering in a hotel if a licensee wished it, but the police had no right to ignore these things. R. H, Pearpoint, sworn, said he was there on the evening of March 27. Had a drink there between 11 and 1 o’clock—one with Mr Macdonald and one with Mr S. Alexander. Did not pay for either. Both persons were boarders at the house. To Mr Raymond; Being connected with the Racing Club, was there fixing up the handicaps, etc. Have been there for years after 11 o’clock on racing night. It is almost impossible to get settled up by 11 o’clock. Saw no drinking, and did not see anyone come in, as witness was in a separate room. D. Cunningham said he was at the Crown Hotel. Left pbopt \ o’clock, Had two liquors between 11 and I o’clock with S, Alexander, of Ashburton, who paid for them. Paid for none himself after 11 o’clock. Took an interest in racing, and, therefore, was there. Mr Pearpoint came after 9 o’clock. Saw no drinking, The dance a quiet one.

J. Stringer, blacksmith, Geraldine : Was at the Crown Hotel on the 27th March last, but paid tor no liquor and had none after 11 o’clock. Came in before 11. F. Wilson Smith, secretary of the Racing Club, was in that capacity in the hotel. Had no intoxicating liquor. Was in the dancing room. Dancing was got up on the spur of the moment, Did not hear of it till he heard the music. To Mr Raymond: I saw no one drinking there. I was in the front. £*he case was dismissed.