RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 2462, 9 February 1893, Page 2

RESIDENT MAGISTRATE’S COURT.

Geraldine—Tuesday, February 7th. [Before Messrs H. Moore aiid R. H. Pearpoint, J.P.'s.] CIVIL CASES. W. Gr. Sherratt & Co. v. Jackson Griffin—Claim 12s 9d, hire of horse and trap, and damage done to trap.—Judgment was given by default for plaintiff with costs. ALLEGED BBEACK 01? THE LICENSING ACT. John Wendelkin, licensee of the Star of the South Hotel, Rangitata, was charged with on the 17th day of December, 1892, unlawfully selling liquor to a person already in a state of intoxication. The action was brought under Section 146 of the Licensing Act. Mr F. Wilson Smith appeared for defendant. W. E. Barker, fruit-grower, Peel Forest: Was waiting at Rangitata Station, for the Christchurch slow train on December 17th, when a man the worse for liquor came up with a swag and commenced some foolish talk, much to the annoyance of himself, and the fear of his nurse. The stationmaster advised the man to go over to the public-house. Two other men went with him, and one took his billy and went into the hotel and afterwards came out, and all three sat down aud drank in turns. The drunken man then got his billy and went into the hotel himself, and afterwards came out and the three again drank all round Witness then went over and saw that they were drinking beer. The barman then came out, and witness spoke to him, and he replied that he only served the man with water, and said " what's the use of making a fuss." He afterwards admitted that the man had 6d worth of lemonade and beer. Mrs Wendelkin then came out and said she knew nothing about the matter, and witness told her ! he would take it before the Licensing Bench.

E. L. Dexter, nurse at Mr Barker’s house, gave evidence mainly corroborative of that given by previous witness, and this closed the case for the prosecution.

Mr Smith stated that the licensee was in Timaru at the time the affair occurred, and unfortunately the stationmaster was away on a holiday, or he could be produced to show that the man was not intoxicated.

Albert Wendelkin, son of the licensee : Was engaged in the bar on December 17th, when a man came in and asked for 6d worth of beer. The man was perfectly sober, and took the beer away from the house, and witness did not know what became of it after. The man never came back again. G. F. Newman, coach-driver, gave evidence as to being at the hotel on the day in question, but did not see any man supplied with drink. Saw the man at the station. He was not drunk, but appeared to be “ a bit off,” and was strutting about, and quite a nuisance to Mr Barker and his nurse. His son picked the three men mentioned up in his trap, after they had tramped a good many miles with their swags, and he would swear they were sober then. The Bench considered that there was not sufficient proof“to show that the man was actually intoxicated, and dismissed the case. The Court then rose.