MAGISTRATE'S COURT.

Dominion, Volume 4, Issue 1182, 18 July 1911, Page 2

MAGISTRATE'S COURT.

(Before' Mr. W. G. liiddell, S.M.) DRINKS FOR YOUTHS UNDERAGE. CASES IN COURT. THREE FAIL-ONE UNDECIDED. A police-visit to the Central Hotel on the night of June i>6 last, resulted in informations being laid against the licensee and one of the barmaids for breaches of the Licensing Act iu supplying liquor to persons under 21 years of age, such liquor being for consumption on the premites. Albert Mace, the licensee, was charged with allowing stout to bo supplied to John Scott, a person apparently under the age of 21, and also to George l'urdy. Ethel Matthews, the barmaid, was charged with supplying the liquor. Sub-Inspector Shoehan'prosecuted, and Mr. T. \oung appeared for both defendants, who pleaded not guilty. It was agreed that all. tho informations should be taken together. Sergeant Fitzgerald deposed that, on' June 2(i, about 5 minutes past 9 o'clock, ho visited tho Central Hotel in company with Constable Squires, and noticed thrco young men standing in one of the bars with glasses. Witness questioned two of them (Scott and Purdv) as to their age, and they both stated that they were over 21 year's of age. From subsequent inquiries, witness learned that l'urdy was only 19 years of ago, and Scutt 20. Ho saw tho licensee subsequently, and the latter then stated that tho young men had been in the hotel previously, and had stated to tho barmaid that they were over 21 years of age. To Mr. Young: He did not question the ago of the third young man. as he looked well over 21 years. Any ordinary person would have taken "young Purely to bo under 21 years of age. lie would be surprised lo hear that the third young man was younger than Purdy.. Mr. Young: 1 believe that to bo tho 'Constable Squires gave evidenco corroborative- of the previous witness s slatemont. Geor"C l'urdy, residing at Lower Hull, and employed at the Gear Meat Company, admitted having been in the hotel on tho date mentioned, and also admitted that he had mado incorrect statements about his age both to tho barmaid and lo tho sergeant. Ho was really under 21 years of sfie.

To Mr. lining: Ho went to Iho hotel to see Miss Matthews, rather thau to get a drink. John Scoll, residing at 22 Talavcra Terrace, and employed by K. 11. Crease and Son, alto admitted being on the premises with n glass liefore him on tho occasion mentioned. He added that he was under 21 years of age. Mr. Young, for tho defence, eubmiUcd that there was no case to answer, as "knowledge" was essential before a conviction could bo recorded. There wae certainly no case against tho licensee as it had been held that knowledge of the agent was not knowledge of the licensee, lie submitted also that Miss Matthews had taken reasonable precaution, aud could only be convicted if she- had a guilty mind. She was, however, quite convinced that the young men were- over 21 years of age, and was therefore entitled to an acquittal. Tho magistrate observed that ho was inclined to agree with counsel regarding the licensee, and both informations ngainst him would be dismissed. Tho information against the oilier defendant of supplying liquor to Scott would also lie dismissed, ns his Worship considered that it was not "apparent" that he was under 21 years of age. . In regard to tho remaining case, he would reserve the point as to whether the defendant took "reasonable precaution," and in tho meantime would hear the defence. Ethel Matthews, defendant, gavo evidence to the effect that her instructions were not to servo anyone under 21 years of age, ami if she were doubtful as to ago, to ask the person concerned, and then "to use.her own judgment." She had the assurance of "young Purdy" that he was over 21 years of age,'and sho did not think that he would tell a "story." To Sub-Inspector Sheehan: She had never yet refused anyone ftp-being under 21 years of age—sho had never had occasion to. Albert Mace, licensee of the Central Hotel, on Juno "G, considered that if he had seen l'nruy in tho bar ho would have taken him to lie 21 years of ago. Decision was reserved. MAINTENANCE. ■ : Arthur Joseph bclworthy was ordcrcA t'o pay 255. per week towards tho support of his wife, and nlso to pay JCI Is. solicitor's fee. Mr. P. W. Jackson appeared for complainant. Adolphu's Blanchard Boiello was ordered to pay 3Ds. per week towards the support of his wife and three children, and nlso to pay £2 2s. solicitor's fee. Mr. P. W, Jackson appeared for complainant. OTHER CASES. . For using improper language in a rail« way carriage between Trentham and Wellington on, Saturday, Henry Henderson was fined £i, in default 21 days' imprisonment'. Mr. JS. C. Levvey appeared for accused. Patrick Rice, charged with drunkenness, was fined 10s., in default 18 hours' imprisonment. Three first-offending inebriates, who did not appear, were ordered ti forfeit their bail (10s. each) or to undergo 21 hours' imprisonment. Another first-offender was fined ss. with the usual alternative. Three others were convicted and discharged, and still another was remanded for a week for curative treatment. Walter Chapman, who did not appear, was fined £Z and costs 7s. for entering licensed premises during the currency of a prohibition order. Default was fixed at 11 days' imprisonment'. Joseph Ehrnian was charged with stealing (on July 3 at Auckland) a raso of clothing, valued at .£2G Cs. Id., the property of Ilallcnstein Bros. On the application of Chief Detective Broberg, accused was remanded to appear at Auckland to-morrow morning.