A CONVICTION QUASHED.

Ashburton Guardian, Volume XXIX, Issue 7731, 26 February 1909, Page 1

A CONVICTION QUASHED.

* Per Press Association. AUCKLAND, February 24. A conviction recorded last month by Mr It. W. Dyer, S.M., against Harriet Dingle, licensee of the Railway Hotel, Drury, on a charge of Sunday trading, formed the subject of an appeal under the Justices of the Peace Act, 1908, before Mr Justice Edwards I at the Supreme Court to-day. The Crown Solicitor (the Hon. J. A. Tole, j K.C.) detailed the circumstances which lod up to the prosecution, and resulted in a conviction and endorsement of the license in the Lower Court. He said that a farmer named Henry Tooman visited the hotel on the evening of Sunday, November 29, in search of his brother, who was boarding there. On arrival ho entered a private room in which were his brother and another boarder. Drinks were called for, but the landlady demurred to serving Henry Tooman, remarking that the I other two could have refreshments, as they were boarders. After some persuasion, however, she brought in drinks for all three, which were paid for, and several rounds were consumed I during the evening. Henry Tooman gave evidence which 1 bore out these facts, and he further stated that his action in informing the police of what had occurred was prompted by high words which had ensued between himself and Mr Dingle. The appellant characterised the previous witness's evidence concerning the sale of drink on the Sunday in question as a tissue of falsehoods, and stated that spite had caused him to act as informant to the police. Alexander Patterson, a drover, deposed that he was in the hotel on the evening in question, but did not witness the sale of any drink. His Honour remarked that the evidence of the witness Tooman was characterised by intense spite against "U-s Dingle, and there was not the | slightest doubt that this had given rise U>°the prosecution. He was quite sure any jury that heard the evidence would ! have desired to go no further. The i case would have required to be a very I strong one indeed to allow it to affect the value of the property concerned, and he had no hesitation in allowing I the appeal.