RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XII, Issue 3750, 4 January 1881, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY. (Before Harry Kenrick, Esq., E.M.) BBEACH OF BYE-LAW. William Cole was charged with a breach of bye-law by allowing bis chimney to be on fire. Defendant pleaded not guilty. Constable Hazard said he went into the house and saw smoke issuing from the chimney. He examined the chimney, and there were several lumps of burning soot falling from the chimney. "*• j>~ Defendant said the pot boiled oreij andcaused the smoke. The R.M. dismissed the case. ALLEGED SLY &800- SELLING. Ellen Kane was charged with a breach of the Licensing Act by selling liquor without a license on the 23rd ult. - Mr Dodd defended. Sergeant-Major O'Grady asked that the information be amended by the name of Gordon Phillips being withdrawn. Mr Dodd objected to this course, aa being prejudicial to his client. She had been called to answer to a charge of selling beer to one Gordon Phillips, and if the name was erased in the information she would hare to answer a general >'. charge. _'.'.- His Worship said the objection was a\ fair one, and he would give Mb Dodd the option of having the case adjourned until ' to-morrow, and the information re-laid. Mr Dodd ultimately withdrew his objection, and? the case, was then pro* ceeded with.

Sergeant Mulville'deposed : T Tisited> the premises of the accused on the 23rd ult., about half-past nine in the evening. I passed the bar, and followed the passage into a back room, and I saw a lot of men*-with cards before -them. I saw Gordon Phillips and several other men sitting in the room. There were some glasses on the table. Phillips had a glass '; in his hand, which contained a little more than a half a glass of beer. I asked him what he was drinking. He hesitated, and would not answer. I took the glass out of his band, and tasted it-—it was beer. After a good deal of hesitation, he said, " I got it here," and also gave his name. I could not detect what was in the glasses, but they had been freshly used. I. searched the house in company with Sergeants Murphy and O'Grady, and found a keg of beer. I should say it was a five gallon keg of beer, which was in a. safe. I found a number of bottles in the bar, bat there was no alcoholic liquor in the bar. The bar opens on to the street. The place is called the Occidental Hotel. Miss Kane has no license.

To Mr Dodd: I saw the bottles examined. • I saw one of the battles opened in my presence. I hare not often been in the house—perhapß ■■ three or four times within the lagt three years. Bottles have been exposed-in the bar for the last two years. I went iwto the house by myself. Sergeant.-Major O'Grady came in about a few minutes' after. I went into the house by the order of Sergeant-Major O'Grady. I smelt the glasses, but could hot smell anything, I could not swear thatJthe contents of the glass Phillips had was beer.

Henry Behrens, deposed, said —I know Mias Kane's house. I was about half an hour in the house before the police came in. I had no drink in the house that night. I went in to pass the time away. I had no drink but had a cigar. Phillips was in the room, but what he had in his hand I could nofr say. He was sitting on the sofa when the, police came in. I saw no one else drinking in the bouse that night.

William Batchelor', deposed—l Ventinto the house with another gentleman. I had no drink but bad a cigar, I couldf& 'not swear that Mr Feeney;had anything--to drink. Ido not remember Mr Feeney ''■■ calling for " shandigaff " I vent into the h«ise for a cigar and to get but of the ram. A|iss Kane did not bring any drink ' into the fooiri. Phillips brought a glass into the roomA When Phillips came into the room Miss- Kane was in the back room. I saw no drink >rved in the house that night, except that which' M*'< • Phillips had, and I.could not swear where he-got it. I hare said nothing to Miss - Kane about the case. •'. '(^rdon Phillips, sworn, said~He lived "s at Hikutaia. He saw the men playing cards and drinking shandigaff ans fieer,. and also saw it paid for. They had 1" reSZSte HehadtWOgliof -.. .haTn°d^ ff .Dodd:ldidnot *"*««• -ha^diglfff 5 CaQ 70U meM ifc ™ beSi^ d SSed^ SbWdi^ q&n? 0"*? 1 YoV Dde»taad the : .Witness: j|s. .1 know it was shandigaff because I heard ifc demanded Mr i ßodd, aadressing.His^Worshin ' ■ud that the evidence of the pdE went for nought. Two rentableMWtaJSJ had sworn that no £5 was while one, who was a paid informe? wd -

under the control of the police, swore that there was beer sold and drank. This witness had contradicted himself, and had sworn that he knew shandigaff had been sold " because he had heard it asked for," which was most absurd, At this stage the enquiry was fnrther adjourned. ALLEGED HOBSE STEALING, Hare Ngairi was charged, with horse stealing at Paeroa on the 24th ult., the, horse being the property 'dj^Margaret Eitchie, and being of Jhe vattnf £2. i Evidence in the abovfc' caw was given 1 by Sergeant Eussell, Mrs Eitchie, and a ' native, but the charge was dismissed by the Eesident Magistrate. Court adjourned.