RESIDENT MAGISTRATE’S COURT.

Temuka Leader, Issue 2606, 11 January 1894, Page 3

RESIDENT MAGISTRATE’S COURT.

Geraldine —Tuesday, January 9,

[Before C. A. Wray, Esq., R.M. and H. W. Moore, J.P.] Alleged breach of the licensing act. John Michael Keene, licensee of . the Commercial Hotel, Geraldine, was charged that he did on December 22ud, 1893, fail to admit Constable Willoughby to his premises in the execution of his duty. Mr F. Wilson Smith appeared for th,e defendant. For the prosecution Constable Willoughby called William Coombs, who swore that he did not remember the night of December 22ud, nor being put out of the Commercial hotel by Keane. To the Bench : Witness remembered the occasion, but was too drunk to know what happened. To Mr Smith: Witness could not say whether he had a game of cards, nor whether he broke a chair that night. Mr Smith wished it understood that hitf client had not influenced the witness in any way with respect to his evidence. Constable Willoughby said that about 10 minutes past 11 o’clock on the night of December 22nd he was attracted to the Commercial hotel by a great noise outside. On crossing the road he found Coombs hammering at the door with aomething. Naturally, he thought Coombs was drunk, so said to him, M Coombs I’m afraid you will have to be looked up again.” Coombs began to cry, and said he had been chucked out of the hotel, and other Geraldine residents were allowed to remain. He (witness) then gave two or three good raps at the side door with his atiok, and called out “ Open the door to admit the police.” He got no admission, Bo then went round to the front. The lights were burning in the bar and the sitting room, and there was a good deal of noise in the latter room. While he was talking to Coombs the door was opened and someone came out. Witness pressed his stick against the door, and tried to get in, but those inside jammed the door tight. Could not say whether it was anyone belonging to the house that did this. Witness knocked again, and, called out several times “ Open the door police,” and at last someone inside called out “ Keane, you must come and open this door,” as if Mr Keane were not there himself. Then the light was put o'ut in the bar and Mr Keane came to thu door. To the Bench : Believe Keane knew I was at the door knocking, but could not swear to it. Called loud enough for anyone to hear. Could hear Mr Keane speak in the bar, and Relieve he heard me, because he said to the knock off now and clear out—-this must be your last.” It was past closing hour, and five minutes lapsed between the timC of witness’ first knock and when he got inside. To Mr Smith : When the door opened said “Police,” did not give name. Do not know whether the man that called out said “ The police are here.” Some of the townspeople cleared out of the back way. Saw them coming out of the by-way afterwards. Keane allowed the men another drink, saying “ This must be the last.” Could hardly think that those inside thought it was Coombs crying ** police.” For the defence Mr Smith called John Michael Keane, defendant, who disposed that at 11 o’clock on the night in question be was closing up his house when lie went into the room with the side door. Coombs was there playing cards. Coombs was not drunk. Would nof allow Coombs to finish the game, Said “ It is time to knock off.” Coombs throw the cards in witness’s face, and afterwards broke the back off a chair. Witness then put Combs quietly out of the door. Went back to the bar and told the bar keeper it was 11 o’clock, time to knock off, and at their request allowed them to have another drink before they went, but did not servo the drink himeelf. Coombs meanwhile had been smashing at the side door, and broke a panel. Witness then went to shut the back door for the night, and on coming to front saw the Connollys and Constable Willoughby with the door open. It was only 11 o’clock by witness’s time. Did not know that the policeman was there till he was inside the Xk<?ygkt it wtw Cooqiba knocking.

Did not hear the police call out, but when coining from the back heard someone say, “ Come and open the door, Keane,” but the door was open when he got there. The back door had been open all along. The other doors were closed to keep Coombs out. Did not think Coombs was drunk, but asked him next day to pay for damage done, and he said he did not remember doing it. Did not serve the last drink.

Constable Willoughby said he did not accuse Mr Keane of selling after hoars, as he was pretty punctual that night. Timothy Connolly; Was at the Commercial Hotel on the night in question. About 11 o’clock Keane told him and others they would have to clear out as it was closing time. Kenae then went into the other room and told the people in there to go. Coombs was not in a hurry to go, so Keane put him out. Coombs kicked the door. Witness went into the passage and found some one knocking at the front door, whom he thought was Coombs. Some man present sang out open the door, the police are there. Witness asked if it was the police or Coombs, and with that another man came forward and opened the door, letting Constable Willoughby in. Witness did not know that the constable was outside, nor heard him trying to force his way in with a stick. The Bench were satisfied that whatever delay there was in admitting the police was owing to the man Coombs. There was no evidence to show that the licensee knew that the police were outside. The case was dismissed. TRESPASS. Trustees of the Geraldine Racecourse v. Timothy Daley—Claim £1 damages for trespassing on the race course by training a horse thereon on September 20th, 1898, without a license. Mr F. Wilson Smith appeared for the plaintiffs, and stated that the action was brought by the Trustees of the Geraldine Racecourse Reserve, constituted under the Racecourse Reserve Act, 1881. By that Act they had power to sue in respect to damage to the Reserve. The Trustees arranged with trainers and owners of horses to allow them to train on the course at the nominal sum of £1 per annum. This money went to cover the expense of keeping the course in order. Defendant was a trainer and owner living at Temuka. In 1889 he took out a ticket which ran out in 1890. Since then defendaqj had not taken out a ticket. The Trustees had warned him against trespass, and locked the gates and secured the course against trespass, but to a large extent this had not the effect of keeping the defendant out. The Trustees had decided to take proceedings, so they drew lots with regard to four and the lot fell to Daley. Notice was then given to Daley that he would still have a chance to pay his £l, but no reply was received to this.

R. H. Pearpoint, chairman of the Trustees G.R.0., said that from time to time there had been great difficulty with trainers who had been training on the course without permission, and cutting the track up. He had not seen them personally, but the caretaker, Mr Breadley, had told him Daley and others were continually on the course. Witness had spoken to Daley on the subject, and warned him several times against training without a license. From information received from the caretaker, witness placed before the club four names, including Mr Daley’s, of persons who had trespassed on September 20, They were written to, but no answer was received from them. Lots were then drawn and proceedings taken against Mr Daley. To Mr Daley : A resolution was passed by the trustees to take proceedings. Samuel Breadley, hotelkeeper, Orari, deposed that the club authorised him to warn off trespassers. On September 20 there were some twelve or thirteen training on the course. Witness warned the trainers and owners, and they said “ Oh, we’re only giving the horses a bit of a run.” Witness told them they had no authority to train without a ticket. Witness then went away, and when he came back they were outside the gate. After that he went down the road, and then they all turned back again and started galloping oa the track. Several times he had told Daley, and had been met with nasty language for doing so. His lambs had been injured, and locks and chains were smashed. Since 1890 had seen Daley several times on the track. September 20 was the last time witness saw him there. They were nearly all Temuka men there that morning. To Mr Daley : He (witness) leased the whole of the reserve.

Timothy Daley, defendant, deposed that the Geraldine Racing Club Were to hold a race meeting on September 28, 1893, and he (defendant) Wad a big nominator, having two or three horses in the meeting. On September 20 he had an invitation to go on the course by two officers of the club. He had been on all the principal racecourses in the colony, and no objection had been raised to him training horses just before the meeting. He considered that he had a perfect right to give Ills horse a preliminai j canter to give it an idea of what it would have to do. He met Mr Fred. Worner, who told him (witness) to come ou t}ie course and give the horse a canter, and he had an invitation before this To Mr Smith: To the best of his belief witness had not trained horses ou the Geraldine course. It was too far away to go from Temuka to do that. Might have been there in the winter time. Went there when the gates were locked. Got in by means of a split link on the chain. Never smashed a lock or shifted a gate that he could remember, [lad received letters from the club warning from time to time,but he took them for complimentary letters, thinking that the Geraldine oJf)b could not get ou without him. F. W. Worner, member of committee of the Geraldine Racing Club, deposed that he saw Daley on the morning of Sept. 20th on the road near the race course. 1 ] He told witness that Mr Breadley had been there and ordered him oil the course. Witness said “ Come on with me.” Remembered Daley and another asking him (witness) and Mr White (trustee) they could go on the course ou the morning of Sept. 20th and Mr White said he thought there would bo no objection to it. Did not know whether Daley had a pass. Witness had one. Know Daley had been training at an odd time or two in the winter. The Bench wore of opinion that to® trustees represented the public, and it would require some sort of legislation to prevent them from making use of the course. However, they would have to consid ir the matter carefully. Hi the present instance there was no case for for damages and the plaintiffs were nonsuited;

In reply to Mr Smith the bench said it was doubtful whether there would bo a case against Mr Daley for trespass on other occasions than Sept. 20th. CIVIL CASES. Michael Counolley v. Frank Godwin. — Claim £3lss6don a judgement summons. £L was paid into court, and the case was adjourned to see if debtor would pay the reet.'-The court thei} rose,