RESIDENT MAGISTRATE'S COURT

Thames Star, Volume VI, Issue 1790, 28 September 1874, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAT.

(Before W. Fbasee, Esq., R.M.)

DBUNKENNESS

Thomas Dogherty, Donald McLean, and John Smith, ■were Severally charged with having been drunk and incapable. All the defendants were on bail.

Thomas Dogherty appoared to guilty, but was ordered to be again incarcerated, not being yet sober. Donald McLean's bail was forfeited, and Smith pleaded guilty, and was fined 10s, or, in default, 24 hours' imprisonment.

ILLICIT LIQTTOK TRAFFIC. James Stewart was charged with that he did unlawfully expose alcoholic liquor for sale without being licensed so to do on the 23rd instant.

Mr. Brassey, for defendant, said he had advised him to plead guilty. The defendant had taken over the Queen's Hotel, but had not been able to complete arrangements, and the necessary papers had not been put in. The defendant had not been aware of the Act, and he (Mr. Brassey) considered that harsh and unnecessary measures had been taken in the case.

His Worship said the defendant had neither complied with'the terms of the old nor the new law ; and supposing he had not been aware of the law, it was his duty to become acquainted with it. He (His Worship) failed to see that harsh measures had been taken : had Mr. Brassey pleaded guilty in ignorance of the law the Beach might have inclined to a more lenient view of the case.

Mr. Bullen said he was astonished to hear counsel for the defence make the remarks he had. Harsh measures had not been taken, inasmuch as it had not been purposed to push for a penalty, the case being brought more for the purpose of giving publicity to the terms of the now Act, of which many persons were ignorant, and that the Bench might give an exposition of the law in this matter. Mr. Brassey repeated that the course taken by the police was sharp and^ unnecessary. The defendant had been totally ignorant of the law. His Worship said no proceedings had been taken by the. defendant under any Act, and commented on counsel's remark regarding the case. Mr. Brassey said he had been unaware of the terms of the new Licensing Act, and had no doubt there were many in the profession who were also ignorant of the Act.

His Worship said in that case the sooner the profession knew it the better. The police were not to be held accountable for the ignorance of the profession.

A fine of 20s and costs was imposed. 1 he Court adjourned.