MAGISTRATE'S COURT.

Dominion, Volume 1, Issue 122, 15 February 1908, Page 7

MAGISTRATE'S COURT.

. (Before.Mr. AV. G. Riddoll, S.M.)

ALLEGED. SLY GliOG-SELLING

:A DECISION AND ;AN -APPEAL—■

"SIM Tianied ' 'Joli'n; Wot. guilty to two fßeparato- chargos of having/ on. -.January: 2f3, solelyboer : to Win.-John Dudlic \and':Lesli6 : Roy Capp respectively without ( naving.>a: licence-to sell'tho, : samo.- • • ;i : »?V^&'s^<^r-;,o:DohdTan !: . prosecuted, • and Mr: Wilford appeared for the defence! •'^W^'John/'Duiiiie,: probationer at Mount V 0 ?k: lolico "Station, , stated that ho and another, ;-probationer - named Capp wore in-structed-to go ;to the Paragon Boarding-house at :the r corner : of Taranaki Place and'"Dixon' , l : e ® t ';i°c | r u P l « tl l !y 0110 Harry, on' January .styj'lf ? r ..-the, purpose, if .possible; o£«''buying liquor. .Witness arranged, with Mrs Barry for. board and lodging,,.and had a room - assigned Vto."'him, : , ; remaining '-.-there'" for 1 three' flays.; .Subsequently -witncs3 was 'assigned to an-o^nsicin' of the : boardmg-honse ln -T ranaki' Placo. On Sunday, January 2G, at about ! |-15' a.m.', ; .witncss: and.- a-'sailor.' nicknamed ..iient;.]nto tho; ! place and *sat " on a couch;. ; Defendant 1 Smith-I 'caniO ' .with i two 1 , glasses,,of,.beer,.in.-responso to a sign,frpni .theosailor.-,;; Witness paid',ls. • 6d;-' for •S'd.drinij. J'At about .i 11.30 tho samo iiioniing .witness arid Cappwent in and saw two jpen'sitting on tho couch.; .fitness sat down .them,'-,and Capp - sat ■in "the passitffo immediately .opposite witness.- Smith brought Out two glasses of behr, and gave 0110 "to ,fitness and 'oneVto'/Xartp; :who','.tendered Js. - 6d. .in - payment. an<L:got Is. .. cliange. Jho other j two - men. had. a bottle, apparently containing-i bedr, which . theyjweni t sharing.' v. To Mr. -AVilford:: Witness; remembered trying unsuccessfully; to .;gct, boer. : on' two occasions., He. had an,-idea Mrs. Barry susptetnd.ho was, a police officer. .When, ho' bod tho hquorhe did not scofa man named flans' Jorgensen. . -Witness had' got oii .friendly terms,,- with Smith, and '. had ' had ' Vhribus drinks with I .him .dutside ■ ; 'thd 'house. 1: ;■ I eslie : Roy ' Capp, probationer at Mount Vpok, corroborated .the evidence of" tho pre-vious-witness. •*. -> -v.;; r .. ' Sergeaivt Ilutle.dgo deposed that on Sundaj morning February 2, he searched; tho 'house •in, question/ and.-fpund. a' case -of ,beor; 11' bottles of, stout, and 32. bottles of-beer'in rarious ; rooms and ''.cupboards. , Defendant ■made no explanation 'of tho'rcasomfor having

timT^ S c ? !e for'.'this prosecushtatn ' he abflririt wr'v, - any lilonc y passed.' .Tho drink had boon given as to a'friend.' Tho Reth^u' tbo.Cfiurfc wo* narrowed ! dbwn 11? ;f e probationers' paid Smith', any show iw 110 6 0 " ld call witnesses to show that,uo monoy , did pass. .. . n Jo , in I r , r^ nl ? 1 W .Smith,; seaman ~ Stated .that a t u n "'IHK at.Jlrs. Barry's. since W P + ,iad h6on M-orkihg on the n ')l n f ss , remembered meeting Dunne, with whom lie became friendly. Wit-' Hans. Jorgonscn bought a quantity of ;beer to giyo the Louse A'snreo before ; ho (witness) - h-fi for. Home ■; by. tho ship Loch Garve. .Just before ho signed on on February 1 ho was offcrai a berth oil ■the Himitangi. Tho spree had been arrange*! for. on the Slinday.v On January 26 Dunne came; and asked witness for- a drink, which •fasVgivon, witnoss,,refusing: to ,tako< , any ■mono}- from and Capp' was ' also given a drink. • Neither Dunne nor Capp paid any money. " 1

lians Joi-geii'sen, • and friend' of the previous witness,' deposed that ho saw Capp arid Dunne at; 15ni;ry's on': January 26, and both_ had-,a drink,; but no money was passed. 'Smith, -who' gave, tho drink,' was a genori)us-lieart<xl inan. The beer found in a cabinet was owned by witness. ' AVilliam Kpnig, seaman, remembered January 26, on .which day howas in Barry's premises and had a glass of. beer with Smith anil Jorgensen. ■ Vv'itrtC.w saw Duniic drink a glass ' of beer' given him by Smith, but no money was paid over. It would huvo been impossible, for. the money to pass' without witness seeing it. ' • . To tho Police; : Witness frequently had a drink with Smith on-Sundays. ' '" Mary Jane Barry deposed'that Dunne and

Capp had . asked her for liquor on several occasions but sho had never given it to them as she had not £ot it. This concluded tllo ■evidence.'

His Worship ■ said the informations were laid under Section 159 of the Licensing Act 1881 , which provided that a first offender was liable to a'fine not exceeding £50,' or to imprisonment for : a' term, not 'Exceeding one nipnth. Evidence in the present- eases, -as in all cases of the kind was .Contradictory,. but : the whole 'question to be decided was, as counsel for the defence had stated,/whether, or not thero was a sijlo o'll.th'o llato in question.- There was tin important discrepancy :in tho oWdencc its to the tihio the alleged ialo was. supposed to'hare taken place, one side saying that it was'in .'the morning, and; tho other ii) the afternoon. His Worship stated that, to' his mind,' the story of tlie was more likely to. be correct than'that'for the defence, and defend-' antimust be'convicted on the Charge of-Bel-.-ling liquor to. Capp.' In reference to the charge of soiling liquor to Dunne thei-o was no corroborative evidence of n'liat'tho probationer stated,' and ■ the information would be' dismissed, the Court preferring to say nothing as' 'to tho'.' merits of-the ease.' Do- ' fondant would' be , convicted ~'oii| tho' second charge and. fined £10 and costs 7s. • :'!'.On-the application of' Mr. -Wilford, security' ; for - appeal. was ] fixed, at £10, and, the ' security w:t3 lodged. •' ' •' : OTHER CHARGES.: ■ Charles - Clark, alias James, Clark,' was charged '•.with unlawfully'. selling, r "witboiit a license, : certain ■ liquor,., to witpeor,- to- ono' William J. Dunno.. The caso. was ...adjourned-, to!- l7j. bail 'being allowed in . the. : Sunr of '£3, aii'd!brie,.surety or.- £i 5. .; j .William, Black pleaded. guilty : ;t0.,4' - charge, of - having been'found p'n. certain 'promises jin - Forester's Lane '^on.' February, 9,: when, Ser-. geant Rutledge '• ehtercd 'thd • ptemisos and seized liquor'tlerein,; tKo said' William Blackbeing on *th.o", premises forthe ! purpose .of illegally dealing iii liquor. Defendant, was coiivicted': and fined 40s. and . costs 75., in default 7 days' imprisonment. -A number of othor charges standing in tho book were adjourned until, February 21.;