RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XII, Issue 3818, 24 March 1881, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAY

(Before H. Xenrick, Esq., E.M., and E. W. Puokey, Esq., J.P.) BBEA6H OF PUBLIC HEALTH ACT. T. W. Clarke was charged with neglecting to have his child vaccinated. No appearance of defendant. A. De C. Potterton said —I am Vaccination Inspector to the district of. Thames. The defendant has a child over two years old, and has neglected to have it vaccinated —at least, I have received no certificate of vaccination. I have both spoken to defendant and written to him on the subject. He did not promise to have the cnild vaccinated. The last time I spoke to him he said he had vaccinated the child himself. T. uufty was charged with a similar offence. Defendant said he had been waiting to get vaccine. Fined Is and costs. Thomas C. Graham was likewise charged, pleaded guilty, and was fined Is and costs. Eichard Kennan was likewise charged. •Defendant did not appear. Mr Potterton stated that yesterday the public vaccinator. Dr Payne, had postponed the vaccination for two months. He wou'd still press for a conviction. Fined Is and costs. CHABGE OF SELLING LIQUOB. John Eoss was charged with selling alcoholic liquors at Whangaraata, on the 19th February, to Michael Byan and Thomas Eeady. Mr Miller, for defendant, pleaded not guilty. Michael Eyan, sworn, deposed—l reside at Whangamata, and know Eoss. I had charge of his house, and thought he was a publican. On the day in question I called for two glasses of rum for Eeady and myself, which I paid for. I paid the barman one shilling. Eeady " shouted" for himself and me, Eoss being present that time. Eeady paid for the drinks, and also cleared off an old grog score. I shouted 10s in the house that night and next morning, and we drank rum and porter. I did not see any grog in the back room. Defendant assaulted me, and authorised me to leave the house. This was between the two first drinks. By Mr Miller—Ross did not put me out after striking me. I have been in gaol for assault by striking a man with a knife I had in my hatids. I paid a twoshilling piece for the two drinks, and got a shilling change. The barman and I j played cards for a bottle of porter, and I was put in. After that I went out to see if the tide would allow me to cross home. I asked Eoss to lend me his boat, but he said he would want it himself. I went to bed at eleven ; I did not call for brandy or whiskey because I knew there was none in the house. I borrowed money from Eeady and the barman. Themas Eeady gave corroborative evidence. By Mr Miller—l work for Saiasbur/. Sainsbury and Eoss are good frtp-nds. I can't exactly say who shouted the first drink. After the first drink Eyan produced his account, and they began talking about it. Jioss then struck him. Eoss took no money to my knowledge. Sergeant O'Grady, in charge of Thames police, sworn, deposed—l know that the defendant is not the holder of a publicen's license. This concluded the case for the prosecution. Mr Miller, in opening his case, pointed out an irregularity in the information, by two separate offences being included iv the oue charge. His Worship said he had noticed it, and it' .VTr Miller liked he would dismiss the case, and a fresh summons would be issued to-morrow morning. Mr Miller did not consider it advisable j to postpone the case, and agreed to Sergeant O'Grady striking out one of the names, which he did—erasing Eyan's name. Mr Milller then commented on the evidence, pointing out that no money had been paid to Eoss and there was no evidence to show that the man who served the l;quor was not Eoss's tenant. He left the case in the hands of the Court. The Court recalled Eeady, who deposed—l shouted the first drink, and paid 10s, getting back 9s change. Out of that I paid Sainsbury 2s off an old account. I paid the barman every time. Eoss was generally in front of the bar. The Bench said the police had failed to prove that defendant had sold the liquor to Eeady though it was evident-he had sanctioned his barman doing it. The present information would be de dismissed, though no doubt the police would issue a fresh information.