MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 772, 22 March 1910, Page 11

MAGISTRATE'S COURT.

COMMERCIAL HOTEL RAIDED.

(Before Mr. W. G. Riddell, S.M.)

At the Magistrate's Court yesterday, a man named Inniss appeared in answer to a charge of having been found on the licensed premises of the Commercial Hotel at 10.2 pirn: : on Sunday, March I' 3. Accused pleaded not guilty, and was • defended -by Mr. Wedde.

Sergeant Kelly stated'that at. the time and date mentioned in the charge he visited the Commercial Hotel, accompanied by Constable- Falconbridge. Complaints had been received as to the practice observed by the hotel, and, on the night in. question; he noticed a light'in the bar. Constable Falconundge and himself at once walked -up the main passage, and in by a swing door on the right : hand side.. Three men were discovered at the bar, and just then the manager, Mr. Valden, was observed walking from the bar counter to a room adjoining the bar. Valden had a glass of beer in his hand. The/door of the room was opened, disclosing a room full of men. Ihere were about twelve of them, and, when they became aware•' that, the police wore on'the premises there was a rush ,16■ get , ..out,'. The •.'manager stated that they'were all boarders.'' At the time five; of., them ■.admitted- : being unlawfully on licensed premises' Defendr ant stated to witness that '■■ he had' just come in, and as a lady friend' arrived 'to stay with his wife, ho (defendant) had come to stop the night at the Commercial Hotel. After taking the names of the men in the room, which took about half an hour, he examined the book in .the office.

To Mr. Wedde: The greater part of those:caught had their names in the book, but pleaded guilty at the time, being residents in the town. Mr. Wedde stated in evidence that the evidence of Sergeant Kelly was substantially but he considered that the.other constable should have inspected the book regarding defendant's name immediately. Constable Stevens also gave evidence. :■. . .;' ... ( . . ... ... Mi , . Weddo contended that there was no case for the defendant' to answer. Defendant went to'the hotel to stay. When the police entered he stated that he was .a lodger, and gave .the number of his room, which was found to bo correct. His Worship thought that the onus was on the defendant, to show that he stopped there that night. Mr. Wedtlo then placed the defendant in t'no box. The latter gave evidence as to arriving at the hotel on the stroko of ten o'clock, and going to the office: His Worship interrupted, and said that thero was jio necessity to go into evidence already given. Mr. Weddo: Did you stop there all night?. Witness: "Yes." His Worship oxpressed the opinion that the case was rather a suspicious one, but defendant would have the benefit of tho doubt. The caso would therefore bo dismissed. COMMERCIAL HOTEL: OTHER CASES. Michael O'Brien, James ■ Walmsley. John Duggau, Thomas Griffon, and David Anderson, charged witli having been found in the Commercial Hotel at 10.2 p.m. on March 13, pleaded guilty, and woro eacli fined 405., with Vs. costs, in default seven days' imprisonment. David Anderson was also fined 10s. r.nd 7s. costs for having given a falso namo and address*

PENDING CHARGES. Charges were also preferred against George Pinnock, licensee of tho Commercial Hotel as follow: —(1) Having on Sunday, March 18, unlawfully opened his premises for tho sale of liquor; (2) that ho did also on the same date unlawfully expose liquor for sale; (3) that when such premises wero required to be closed ho did unlawfully sell liquor to a person other than a lodger. These charges were adjourned for hearing till April 1. Informations against Arthur Logan, Tcreuco M'Mahon," Frederick Male, and Herbert Pope, of having been found on licensed premises, to wit the Commercial Hotel, at 10.2 p.m. on March 13, wero also adjourned till April 1:. Rita Roach was proceeded against for damage done to a wateh, valued at £2 55., tho property of Ronald LaingMeason,. Mr. Dix appeared for complainant and Mr. M'Grath for defendant. Evidence was given to the effect that Alex. Orr owned a wharo at Lyall Bay ; and while he was absent in Australia, people used it as a bathing shed. On his return he asked that he might be allowed to. use it himself, but some of tho former users resented this, including Rita Roach, the defendant. Large rocks wcto thrown .through the windows of the wharo doing damage to a glass mirror, etc.,' also damage to the watch in question. . The father of tile girl was written to for an apology for the, girl's wanton mischief, and was asked to mako good the. damage done. A reply was . received, to the effect that Court proceedings would,bo defended. A complaint was laid regarding the alleged mischief done, and after hearing the case the magistrate assessed the. at 355., and allowed the case to ho withdrawn upon the defendant's .solicitor. undertaking' to pay tho amount of damage .claimed. Complainant's solicitor tfas allowed £1 is. ;■, ;';■■

IMPRISONMENT FOR THEFT. Charles Wilson appeared in- answer to* tho following charges—(l) That on March 12, at Wellington, he did commit theft of one pair of pliers, valued at :265., the prbperty of Arthur Illihgworth Grabham; (2) that on or,about the same date, at 'Wellington, he. did steal one hammer, valued at 35., tho property of Charles Marshall; (3) on March 14; : at Wellingtons he did Eteal one boring tool and spirit level,, valued at 155.,' the'property, of somo person unknown; (4) that on March 14, at Wellington, ho,did steal- one overcoat, valued at £1 155., the property of Charles Jackson. * .

Detective Broberg gave evidence to the effect that the articles in question were pawned' or sold to dealers. Accused was a very old offender, and had fourteen records'against him, fivo of which.were .for theft,-' three for vagrancy, and ther remainder for being' .illegally l on. premise's.' I : , '. ',' "■ Accused 'asked fpr leniency,' and stated that his brother had sent him.a steamer ticket from the north'of Ireland, to take him back to that country. His Worship imposed a sentence of three months'-; imprisonment on each charge, tho sentences to be concurrent, the articles,'to be returned to- the. owners on payment of the amounts due to dealers.- ■-.■• •■■'•..• . .: . . • Accused asked that a fine be imposed, but- that was .refused. ..'■"."Yo : u can uso the ticket when. you;, come put again,'' j added tho magistrate.. ..'....,.■■ '-, • FOR A.NO-LICENSE DISTRICT. Dante Gamonosi was charged' that, when giving an order for liquor to be taken into a ■ No-License district, he did not supply John. Crabtree, barman at tho Empire Hotel, tho person to !whom the order was given, -with".a'statement m writing "that the liquor was to be'talren" into such district. " Accused pleaded guilty, and added that ho didnot speak vory good English, and wasi ignorant-of tho law. •'■ His Worship entered a conviction, and imposed a fine of i4os.',-with 15s. costs, in_default seven days' imprisonment. ' J o?n :Crabtreo was oharged with that he- did deliver certain liquor to Dante , Gamonosi, to .be taken into, a.' NoLicense;district,, this'liquor not having a written or printed announcement,set? ting forth its nature;-'--' ..-.'■ Dantp Gamonosi ;was called to give, evidence,. and'said that-he did not tell' the accused that ithe. liquor• wa3-going-into a i No-License area; The case was accordingly dismissed.- •■"■-■- ■' ■'-.- '.'.■

■-• MAINTENANCE CASES. Edward Barling was ordered to pay £1 Is. solicitor's fee, in default 48 hours', imprisonment for disobedience of a maintenance order, the arrears of which totalled £7 10s. Henry William Smith was' sentenced to 28 days' imprisonment in Wanganui Gaol for the.disobedience of a.maintenance order, the. arrears of which totalled £1 175., 6d, On a further.charge of failing to comply with an order to pay arrears 17s. 6d.i the; Eame accused was convicted,, and sentenced to 28 days' imprisonment in tho Wanganui Gaol, the sentences to be concurrent. ..',.. , , •., OTHER CASES. Five first offending inebriates were called to answer charges, four being fined 10s., with the option 0f:24 hours' imprisonment, ■' and the other'was convicted and discharged. :.■■.

Thomas Turner pleaded guilty to stealing a packet 0f... soap, valued at ninepence, tho property of George Gilmour. Sub-Inspector Norwood., stated accused had never been before the Court before for .dishonesty. He committed the theft while in tho- ■ ■ shop making A fine of 10s. was imposed, in default 48 hours' imprisonment. ' ■ - ■ ■■■.■'■" Frederick. Lindsay Backhouse, charged with having forged the name of A. Cameron for £2 at New Plymouth, was remanded to appear at that place on March 24.' ' Hugh Douglas was sentenced to throe months' imprisonment in Lyttelton Prison for the disobedience of aa order to maintain his wife, the arrears totalling £13. .; John Ward, for boarding a railway train while in motion, was .fined 10s.', and 15s. costs, jri default seven days' imprisonment. H. Fisher, for, selling bread under weight to tho extent of two and a half ounces, was convicted and fined 10s., Court costs 75., in default 48 hours' imprisonment. Prohibition orders,' to have effect' for twelve months, in the licensing districts of Wellington and Hntt, were 'issued against Percy Wakefield and John Thomas Sittaner.