MAGISTRATE'S COURT

Wairarapa Age, Volume XXXII, Issue 10026, 23 April 1910, Page 5

MAGISTRATE'S COURT

MASTERTON—FRIDAY. ' (Before Mr C. C. Graham, S.M). LIQUOR CASES. Thomas Ridgway was charged with having received an order for liquor within the No-license area of Masterton, on April 2nd last. Mr La very appeared for defer-dant who pleaded not guilty. Sergeant Miller said that on April 9th there had been a case against defendant, and the order produced in that case was written by defendant, though signed by another man, and delivered.

Mr Lavery said the defendant did not reaeive an order. He simply took an order to W. Burridge, a brewer, at Carterton. The Magistrate agreed with counsel's view, and dismissed the cass. William Christie was charged with having ordered liquor for another person residing in the No-license area of Masterton without having given in writing the name of the peison for whcm the liquor was intended-

! Mr iR. K. Jackson appeared for defendant, who pleaded not puil'y. Sergeant Miller stated that the defendant called at the police station in reference to liquor seized at a certain place, and made a written statement to the effect that he was given £1 by a person with which to purchase four nott'esof whisky, obtaining the same and delivering them to the person concerned. The Sergeant put in tne written evidence

I Mr' Jackson said that the charge ' must fail as there was no proof that | the defendant did not givj a statement in writing to the person who supplied the liquor. In the circun.stancea the Sergeant applied for a remand in order to produce tha publican to whom the order was given. It was because Christie was a poor man tuat he had not obtained this witness, wishing to save defendant as munn. expense as possible. The Magistrate said an adjournment would hardly be fair to the defendant. The Sergeant should have had the witness present to give evidence. He would therefore dismiss the information without prejudice.

PHOTOGRAPHING ON SUNDAY,

Ernest Denton was charged by the police with baviDg followed his calling, that of a pnotographer, on a Sunday. A fine of Is and costs—lis —was infhted. COSTLY LANGUAGE.

Benjamin Campbell was charged with having used obscene language in Queen street on March 26th. Mr C. A. Pownall appeared for accused, who pleaded guilty to using only one word in the charge. A fine of £5 and costs w»s inflicted.

ALLEGED BREACHES OF THE COUNTY BY-LAWS.

Stephen Harding wa3 charged that on January 28th he did cause a vehicle to be engaged in heavy traffic on Dreyer's Rock road, such vehicle not having been duly licensed. Dr. Trimble appeared for the Mauriceville County Council, on whose information the charge was laid, and Mr C. A. Pownall for defendant. A plea of not guilty wa? entered.

Dr. Trimble stated the vehicles alluded to in the charge were loaded with heavy milling timber. The Act provided for a maximum weight of one and a-half tons to each pair of wheels, which in this case had been exceeded. It also provided that a County Council might maice by-laws for the licensing of vehicles engaged in heavy traffic. In pursuance of the section of the Act, the County Council had made the necessary by-law. Defendant was in charge of two vehicles, which it was alleged contained more than the weight permuted by the Act, and were not licensed. Defendant had nst denied that he had been engaged in heavy traffic, but had said that he considered it hard that be should be asked to pay a license fee for twelve months when he was only carting for a comparatively short time. Counsel asked that in the event of defendant being found guilty a heavy penalty be imposed, as the license,.fea ,wa3, £25, which the County Council had no means of recovering, as tlefendant had now ceased to engage in the traffic.

William Gray, Clerk to the Mauriceville County Coancil,. William. Httdd. y Kpper,t. : l)a wsqp,, and, F- W. H. Kumrner, gave, evidence for the informant party.

For the d?fence Mr Pnwnall raised several technical points, most of whic 1 ! were overruled, but the Court held that the fact that the minutes of the maetinc at which the by-law was passed, were not signed by the chairman at the following meeting was fatal to the by-law. '

His Worship therefore dismissed the information.