RESIDENT MAGISTRATE’S COURT.
* SOUTH RAKAIA. Thubsday, October 9. Before Mr. Frank Guinness, R.M. breach of the licensing ACT. —POLICE V. WILLIAM MORTON. The defendant was charged with un lawfully selling alcoholic liquors. Inspector Pender conducted the case on behalf of the prosecution, and Mr C. W. Purnell appeared for the defendant. Mr Purnell made a preliminary objection, and asked for a dismissal, on the ground that one summons had been issued for three separate offences, viz., for selling two half-giH s of brandy, two of rum, and two of whisky, and he contended that three distinct charges should have been jnade. Moreover, the names of the individuals to whom the liquor had been puppliod should have been specified. His Worship considered it necessary for a name to be stated, and the names of (jtoprge Wheeler and Edwin Russel were then uwertod a» ptmwi fa whom liquor
Philip Thorean, swqni, deposed that he was a constable stationed at Rakaja, The alleged sale of liquor had taken place at Mitcham, in the Ashburton Licensing District. When witness delivered the summons to defendant he asked him to read it to him. Defendant then said, “ I must admit that I supplied these drinks. It is Mr Passmore who is doing the mischief. If lam fined more than £5 I will not be able to pay it.” Defendant has no licence to sell alcoholic drinks.
By Mr Purnell : I did not caution the defendant when I delivered the summons. I have received instructions not to caution, but to allow prisoners to say what they liked.
Edwin Russell stated he was a laborer, employed by Mr Passmore. He knew George Wheeler as a ploughman in the same employ. Recollected going to dedefendant’s house on a Sunday afternoon, about three weeks ago. Went to see a friend named Lane. I met him at Morton’s, house. Morton was present at the time. I had some tea and rum. I had rum three times, perhaps a winoglassful each time. I think Wheeler had some too. Morton shouted twice and Lane once. Witness did not pay for any. There were five present. Defendant first asked us to have a nip. A bottle of rum was placed on the table by defendant, and vve helped ourselves. We had pudding next, with some tea. Lane asked us whether we would have another nip, and we had one of rum. Did not see Lane pay any money, or any money pass. About half an hour aftewards defendant asked us to have one more before we left, but I did not see it paid for. That was all we had, and we then went home. I was sober. We paid Is Cd for our pudding and tea. I believe Wheeler paid for his also, but don’t know how much. I had had my dinner about an hour and a half before I went to defendant’s. Have not spoken to Morton since I was there. Will swear I did not tell Mr Passmore or Mr Wright that I had paid for the drinks. George Wheeler, sworn, deposed that he was a ploughman, employed by Mr Passmore. Recollected going to Morton’s in company with Russell on a Sunday to see Lane. Russell and myself had a glass of beer each. I shouted. [The witness was here cautioned that he would he committed for contempt of Court for the manner in which he was giving his evidence.] I paid defendant one shilling for the first shout. I paid for about eight drinks. Three other men were present at the time. I spent 9s altogether. Did not see any other person pay for drinks. I became slightly inebriated. I must have paid for the drinks. Ido not know if Russell and Lane were present or not. I was not drunk when I changed a pound. I lent Lane 5s out of the change, and paid 4s to defendant. I had something to eat. I do not think I paid the 4s for that. Was at defendant’s house about two hours and a half. There were six of us altogether. William Morton, sworn : I am a laborer keeping a hoarding-housc at Mitcham. Remembered Sunday, the 21st September. Russell and Wheeler came to my house that afternoon. Have seen them passing with drays on several occasions. They had a meal at my house, and Wheeler owed me at the time about 3s for meals. The remains of the dinner were on the table when Russell and Wheeler came in, and they had some pudding and tea. They did not pay me any money for liquor. I had some beer and rum in the house, and I said, “ Well, this is the first time I have been squared up with since I have been on the line, and I will shout.” I put a bottle of rum before them, and told them to help themselves. 18 men were boarding in my house, and I invited all to drink. Another bottle was produced by some one, but I don’t know who. Wheeler had the same as the others.
Cross-examined by Mr Pender : I do not know what was in the second bottle. I swear it was not mine. I bought two gallons of rum and filled it into bottles. I bought the spirits from Mutter at Barr Hill. I paid 21s a gallon for it. I also got two gallons from Montgomery and Co. about two months ago. I have not had 10 gallons of spirits within the past two months, nor have I got 20 gallons from any place during the past month. Wheeler paid me a pound after the first drink, and before he had the pudding. When Wheeler and Russell came in they asked for drink. I brought the bottle out and gave it to Lane, and told them to help themselves. Except Lane, all the other boarders were at the table. Cannot say how long it was after they came in that they had their meals. Russell asked for some pudding. He owed me previously for meals ; that was why I charged him Is Gd.
By Mr Purnell : My boarders are generally laborers working on the railway. I was busy when they came in. A man said, “Bill, give us a couple of drinks.” I might have had a couple of nips myself at the same time. James Collins said he was inspector of works on the Alford Forest railway. Had lodged with Morton three weeks up to about a month ago. Had seen defendant give men drinks, but not take payment for them. The Magistrate summed up the evidence, and dismissed the case. CIVIL CASES. Laurie v. Symons.-—Nonsuited. Lake v. Passmore —Claim £l7 9s. Mr Purnell for plaintiff; Mr Ireland for dedefendant. Judgment for £l4 19s, and costs. Dowding v. Doherty—Claim £lB. Adjourned till next Court-day. lunacy. Thomas Neelan, charged with lunacy from drink, was remanded to the Lyttelton gaol for eight days for medical treatment.
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Ashburton Guardian, Ashburton Guardian, Volume I, Issue 7, 11 October 1879
RESIDENT MAGISTRATE’S COURT. Ashburton Guardian, Volume I, Issue 7, 11 October 1879
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