COURTS.

Thames Guardian and Mining Record, Volume I, Issue 137, 18 March 1872, Page 3

COURTS.

POLICE COURT,

,—Saturday

Before W. Fuaskk, Esq., 11.31. Drunken’ness. John Jackson charged with being drunk am! incapable in Pollenstreet on-the 15th inst. was fined 10s, or 2-1 hours' imprisonment Extension of License.—An application by Benjamin C. Hayics of the Golden Fleece for an extension of his license to St George’s Hall on the 18th inst. on the occasion of the St. Patrick’s Day Ball was granted on I lie usual conditions.

Stray Horse. —A youth named James Phillips was charged with permitting a horse to stray in Poih n-.stiv.et on the 11th inst., and was fined 2s fid and costs. Fori, Chimney.—John Pahy was charged with permitting the chimney of his house in Willoughhy-slreet to take tiro on-the 11th inst. —The defendant pleaded guilty, Imt said he was away from home at Hi.; tini", and that I hero was great difficulty in finding a “sweep.” He had been looking for one for the past three months’ but could not succeed.—The P.M. lined defendant IQs. Killing a Goat. —George A. Burnett was charged with maliciously killing a goat, value Cl, tlm properly of Thomas Dare, of llape Creek.—Mr Dodd appeared for the prosecution, and .Mr Tyler lor the defence.—The defendant said he killed the gnat, Imt not maliciously.—Thomas Dare stated that on the 12ili instant ho saw his goat lying dead, or dying, on the street, in front of Mr Burnett's premises. The goat had bcgli killed apparently, it having its throat sawn with a very had knife, air Burnett admitted that he had killed tlie animal. Il was worth £l. Mr Burnett was next door to witness, and his garden is not properly fenced. Pumpkins

are about 11 1 e only things ii : it. — 15y. Mr Tyler : —The goat was let loose usually in (lio morning, ami brought back tit night. The defendant has never made any complaint to witness about the goat being in his garden.—Mr TyJer said the killing of Ihe goat was not. denied, but it was done in consequence of the repeated depredations committed by the animal on defendant’s garden. Under certain circumstances —where a garden was substantially fenced —tin* owner of the garden would lie justified in killing a goat found therein. This did not appear to be the? case in this instance, but <1 fondant killed this goat, believing lie had a right to do so, and with no malicious intent-. The goat in question was an intolerable nuisance.— The R.M. dismissed the case, but said complainant had his remedy by civil action for the value of the animal

Nkc.uc.knt I.) itivino. —Timothy Dibble was charged with being at such a distance from his cart on the bill inst. sn as not to have proper control over the horse drawing the same.—The defendant pleaded guilty, Imt said ties was a lii'st offence.— Under the circumstances the 11.. M. let defendant oil: with a line of Is.

UltKAf.ll Of 1.1 ICON sing Act —Having | More than One Bar cm the Premises.—Mr j Arthur Anthony, landlord of the Governor i Bowen Hotel, Grah.umstown, was charged \ with having more than one public bar on bis premises for the sale or* alcoholic i liquors.—Mr Macdonald appeared for de- , fendant. who pleaded not gubty.—Mr Bulled said this information was laid under the Amendment Act, 1871, and called Sergeant Given, who deposed : The plan produced represents the ground plan of the Governor Bowen Hotel. The portions marked A and B are the bars. The defendant is the licensee of the Hotel. On the bth inst. I visited the house with Constable 15n mian. We went in at the entrance in Pollen-street. In the passage there is a slide-window, which opens into a bar. There was a barmaid in this bar when wc visited the place, and I was supplied witii a glass of porter u hicli Constable Brennan paid for. There were a variety of bottles and glasses. Did not observe anybody else drinking there. We then went along the passage to the bar'marked " 15 ’’ on tiie plan, which is at the upper owi n-strec.t end, and were there served wit Si a glass of porter. Both these bars are on the same premises. They are about *2O yards apart. Belli am public bars for the sale of liquor.—By Mr Macdonald : I gave evidence in a case ol this kind last week, and then defined a bar to be a place where liquors are exposed for sale, with a counter. On looking into a dictionary a bar is defined to be an enclosed place in an hotel or court. [The j R.M. said there were about 15 definitions ! of a bar in-tlie dictionary before him ; one j was ‘‘ an enclosed place in a tavern or j coffee-house, where the house-keeper sits

and receives reckonings.”] The public are not admitted into the room where the counter ami the leu-maid are. at the I Owen-sfrcf t and. The door In the street | has been closed for some months. Them is no ,- ntrai.ee lea ling 10 Hie troni of in • ; counter. The entrances marked C and D : are, I believe, only used by Mr Anthony and bis servant. Tiie bar at the Owenstreet end was formerly open to tinstreet like the other bar at the Pollenstreet end, but is not so now.—Mr Macdonald said lie should not call any evidence, as the fact was admitted that the bar at tin- Owen-street end was not open

to tin: public. It was very evident that the framers of tin* Act meant to make a distiition between a public and private bar. Now ln-re it must bo proved flml Mr Anthony had more than one “ public ” bar before lie could be. broiielit

under fin- provisions of Cue Act, and this bad not h-rn made out. Into tuis room at the Owen-street end the customers were

not admitted. II |! (Mr ?uaci!oiiaM) Inn! taken some trouble to arrivo at i\ hat was a “public bar,” and bo bad been miahl to make out clearly wdn-.t it was.—The P.M. said lie bail no doubt what a public bar was. The bar in at the Pollen-street

end was a public bar, and so would the other bo if the entrances to it bad not hern dosed, but as this bad been done, Inhad a doubt whether it should be called a “public” bar within tins meaning of the Act, of which doubt lie would give the defendant the !>• iiefit, and dismiss the case.