A CORRECTION.

Auckland Star, Volume LVII, Issue 251, 22 October 1926, Page 9

A CORRECTION.

\. c regret that an unfortunate error appeared in the '"Star" of Monday last, concerning a licensing prosecution heard before Mr. W. R. McKean, at the Onehunga Police Court, when John William McDonald was charged with having sold liquor to an intoxicated person. It was stated that judgment was deferred until Monday morning, as defendant's solicitor, Mr. T. R. Holmden, said he wanted to submit legal argument to, the magistrate. It was erroneously stated that "Mr. McKean had not heard from Mr. Holmden on the subject, and as McDonald was liable for the acts of his servants, he would be fined £1, with costs." This was not so. The facts were that at the original hearing on October 4, Mr. Holmden was granted leave to submit legal argument on a certain phase of the prosecution. Mr. Holmden considered the question, and came to the conclusion that it was useless submitting legal argument, as McDonald had no defence to the charge. He accordingly saw Mr. McKean on October 8, and informed the magistrate o.f this. Mr. McKean then intimated that it would be unnecessary for Mr. Holmden to appear on Monday last, to which date the case had been adjourned. When the case was called, the magistrate stated that counsel had seen him and informed him that he would not bo submitting legal argument. Thereupon, defendant was convicted and fined. There was absolutely no suggestion of neglect or discourtesy on Mr. Holmden's part.