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MAGISTERIAL.

ASHBURTON—THURSDAY.

[Before Mr C. A. Wray, R.]^.] ! policb cases. Police v Henry Davis. Mr Crisp for the defendant, who was charged 1 with allowing drunken persons on his premises on Sunday, ] 15th June. All witnesses were ordered out of Court. ■ - Charles Smithel, contractor, remembered last Sunday week. He went to the Royal Hotel jsoori after 7 at night., He stayed a short time,: and was sober when he left by the front door. He was skylarking with J.: Toppin, and got an injury to the eye. He was not there during any part of the day previous. Several people were there, including, J. Kelly, who was not drunk. (Witness T^as not drunk on Sunday night. Davis was nrt .there, and witness was riot put out by him. Witness went to the hotel, with Parkin, for tobacco. Hemembered the Constable coming to the housed and thought it was on Tuesday. ■ . i

By Mr Crisp : Came in from the camp at Rangitata,? 26' miles,, on Saturday, and walked all the, way, and was stiff .on' Sunday and Monday. Was refused liquor. by the barman! on Sunday, and did not have his tea there or any liquor that day.. Mra Smithel, wife of last witness, deposed that her, husband left home on Sunday morning early,' and came' back drunk at 5 p.m., and left again at 7. She passed the Royal after church, and hearing a great noise, she went- in by the back door, and found a lot<of men in the tap-' room. • Some one said,' " Here's Mrs Smithel no at." She saw her husband with a ring of men round him, and some one took him by the arm and sjung him out into the passage ; Smithel ,was bleeding and drunk. When he got home"; he had a blackeye. Jack Kelly was in the room at the Iloyal, also Mr Paget, Kelly was drunk. By Mr Crisp: Could not say where Smithel- was all day. He was drunk at 5 1 o'clock when he cfetne home. • Could not say who took her husband home, but was ,sure he was drunk. He did not speak to 'her at all. Did net see any liquor supplied in the Royal on Sunday nigh*-. ■ M. E. Smithel, daughter of last wit;ness, said she went to church on Sunday Jnight, and left her father drunk,at home., (After church went with her mother to the Iloyal, and entered the back door, and saw a lot of men there. Kelly was half 'drunk. Saw, Mr Davis put her father out j into the passage. He.: father went right homeland when they got home he was in bed and his face was bleeding. • By Mr Crisp : Her father got the liquor at Davis*. He often got drunk there. Would swear it was Mr Davis who put her father into the passage, John Kelly lived at the back of the Royal >■'Hotel, and was' at the hotel on Sunday week, lint did not remember being there* Saw the barman there, also Charles Smithel. Was not sober, so could not remember when' he left the hotel. Got no liquor there that he ; remembered. Did not see Mrs Smithel there, and could not remember what took place. Was drunk when he first went to the hotel.

By Mr Crisp: Had lived in present place about 6 years. Went to the hotel to sit by the fire and have a yarn.. Did riot have any liquor there, but got it somewhere else.

, ' Harry Molyneux was an engine-driver. Did not remember seeing Kelly on Sunday week at the Royal or having a drink with him there. Was in the back room, and heard no row there. Had tea about 6, ■khd left the hotel then, and did not come back till 10. Did not remember what he told the' Constable about the case last week at the Royal.

. By Mr Crisp : Witness lived at Wakanui eight miles away. He boarded at the Royal when »in town. He only had one drink that day in the hotel. No noise or disturbance took place while he was in the place.

John Toppin, a labourer, stayed at the Royal, and had too much liquor on Saturday night, arid two drinks on' Sunday. He was with last witness about eight on Sunday night. Smithel came in, and they had a bit of a lark; he did not see Mr Davis till after Smithel Had gone. He saw Mrs Smithel there. Harry Paget took Smithel away. Could nofc say if he struck Smithel, who seemed to be sober, Kelly was not sober. No noise was made by witness even after he was down on the ground. He was excited when, Smithel got him down.

By Mr Crisp: He was all over the town on Saturday night in [the other hotels. Heard the barman refuse to give drink on Sunday night.—Mrs Smithel seemed angry—Paget separated him and Smithel. Kelly was a noisy man when he had liquor. - By the R.M.: Saw no drunken men in the house 1, or any liquor served. ,G. Parkin, carpenter, was at home on Sunday. Went with Smithel to the Royal at 20 to 1. Witness went there fco dinner, did not see Smithel after that at i the hotel.

Mr Crisp addressed the bench,- and asked that the case be dismissed, as there was no evidence k> answer.

The R.M. said the evidence did not show where the liquor was supplied, and the case would be dismissed.

CIVIL CASES,

H. J. Jones v W. J. Sutherland, claim' £613s 7d.:—Judgment for amount claimed and costs.

McCallum v M. Grace, claim £1 11s. Mi; Cuthbertson for plaintiff.—Judgment for' amount and costs, 2

Cashan v Madden, claim £2 2s 3d. Mr .Cuthbertson for defendant, Mr Corr for plaintiff.—Case adjourned for a w6ek for production of a witness from Rakaia. - M. Grace vJ. A. Bird, claim £4 15s. Mi- Cuthbertson for defendant. Claim for balance of insurance on several stacks of oats insured in the Liverpool, London and Globe Insurance Company. P. Grace deposed that' heWote inlMaylast for the cheque for insurance, and the Company-informed him the money had been paid to Mr' Cuthbertson, through Mr Quarie. Mr Cuthbertson ultimately had the money paid into the Bank to the, credifc'6f P. Graces less the charges incurred, amounting' to the, clami 1 now> made.4— Decision reserved till next'court day. ' The Court then rose.* I

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/AG18900626.2.8

Bibliographic details

MAGISTERIAL., Ashburton Guardian, Volume VII, Issue 2451, 26 June 1890

Word Count
1,066

MAGISTERIAL. Ashburton Guardian, Volume VII, Issue 2451, 26 June 1890

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