MAGISTRATE'S COURT.

Wairarapa Age, Volume XXIX, Issue 8266, 20 October 1906, Page 7

MAGISTRATE'S COURT.

MASTbRION-FRIDAY.

(Before Mr W. P. James, S.M.)

Forjhavlng been drank a first offender was fined sa, in default 24 hoars imprisonment. Mary Ann Hatch pleaded guilty to a charge of entering licensed premises daring the ourtenoy of a prohibition order against her. Accused was convioted and discharged. The heating of several oases of breaches of the borough by-laws was, on the application of Mr 0. A. **ownall, adjourned till November Bth, in order to allow tho completion of wo'k which had already been commenced. ' Barley Donald was charged, on the information of Charles A. Pownull, with having disturbed an audience in the Maslerton Town Hall, on September 27th, on the oooasion of the staging of "Dorothy Vernon." A similar information was laid against 0. A. Powuall and T. Dwyer by Harley Donald. Mr H. 0. Robinson appeared f.r Donald, who pleaded not guilty. 0. A. Pownall gave evidence to the > effeot that he and Mr T. Dwyer had booked fife seats numbered 19 to 23 inclusive in row A in the dress circle, for the performance of "Dorothy Vernon." When he and Dwyer arrived at the Town HhII, a few minutes before 8 p.m., they found that defendant and a party of ladles occupied the seats booked by informant. When asked to vacate the seats, defendant refused, stating ' that someone else had taken his seats. The manager of the company then asked defendant to give up the seats, but he still refused, although he received an offer from the manager of obairs, together with a refund of the prioe of the seats. Cross-examined by Mr Robinson, witness stated that defendant did offer to give up one seat, but one seat among witnesß'/party,which included three ladies, was useless. Witness engagei the boy employed by Mr Hollings to bock the seats at 9 o'clock on the morning of the opening of the box plan for the performance. A. W. G. Hollings, booking agent, stated that he issued the) tickets for the seats bookPd by informant. The holder of the tickets was entitled to the seats reserved. Orosa-examinfld by Mr Robinson, witness said that no seats were marked off on the plan until after she time advertised for the opening of the plßn. Thomas Dwyer gave evidence to the effect tbat defendant refused to give up the seats when requested to do so. He denied having asked defendant -.'"to go outside," or having threatened to "punch" him after the eutertainment. Mr Robinson stated that the defence was that seats- had been booked for the performance before the advertised time of opening the plan. Defendant was the first of the public to enter Mr Boilings' shop on the morning of the opening of the plan, but he found tbat the seats he had desired to book had been marked off on the plan. When he found his owa seats taken at the Town Hall, he took others, which he knew bad been privately booked, as a protest against the system of booking seats before the advertised time of opening the plan. Defendant corroborated these statements in evidence, adding that the manager was the first person to speak to him about vacating the seats. Witness then totd the manager tbat be would not leave the seats until, others in equally as good a position as the ones he had booked, bad been provided. Rupert Hosking said the audience were disturbed to a certain extent. He beard Mr Pownall and the manager ask defendant to give up the seats, Mr Jamea said he did not think anyone could say that defendant was justified in the conduct be pursued. The whole disturbance was brought about by the defendant's oonduot, and it would have been better had be vacated the seats when first asked to do so and thus saved any further trouble. There was no justification for defendant's action in refusing to give up the seats, to whioh he knew he had no right. A fine of Ib, witn 7s costs, would he imposed. The oroas-aotion was not proceeded with.