LAW REPORTS.

Dominion, Volume 5, Issue 1509, 3 August 1912, Page 14

LAW REPORTS.

LOWER COURT. (Before Mr. W. G. Riddcll, S.M.) POLICE SERGEANT'S PURCHASE. THE BRANDY BOTTLE. HOTEL LICENSEE TO ANSWER, Frederick Dobson, proprietor of the Masonic Hotel, in Cuba Street, was before tho Magistrate's Court yesterday morning on a chnrgo of having used - a bottlo with, a label for purposes of bottling liquor for sale without destroying such label. Altogether thero wero six charges, but only one was dealt with. Mr. A. Gray appeared on behalf of tho accused, and Inspector Ellison conducted tho case for the prosecution. Sergeant Fitzgerald stated in evidence that he obtained brandy in a bottlo from the Masonic Hotel, in Cuba Street, on April 24. Witness had informed the proprietor as to tho nature and purpose ot his visit to tho hotel, and llio brandy was duly sealed up in his presence anil initialled by defendant Dobson.

Constable Slenth corroborated Sergeant Fitzgerald's evidence, and stated that, in asking for the brandy, "Henncssev's One Star" was named. The sealed bottlo was afterwards token to tho Government Analyst, and also an uncorked bottlo of the same brandy-obtained from Messrs. Bannatyno and Co.

James M'Lnurin, Government Analvst, stated that lie had analysed tlw two bottles of brandy forwarded by the police. 'Tho bottlo obtained from Bonnatyne and Co. contained a good Coguac brandy. The bottle obtained from tho Masonic Hotel contained grain spirit. Cognac is not a grain spirit. To Mr. Gray: It was true that the bottlo. obtained at tho Masonic Hotel contained all the constituents of cognac, but they; were not present in the right proportions. Witness further stated" that ho had analysed various other bottles obtained from hotels, and compared them with wholesale liquor, but that, although some of them varied, slightly, none of them showed so much variation as the Masonic Hotel sample. Mr. Gray (for the defence) drew attention to the fact that the charge was laid under Section 210 of the Licensin" Act' and not under tho Sale of Drugs AetT Tho whole case for the prosecution dcendod on the comparison between two bottles ot brandy. There was no evidence as to tho refilling of the bottle, and no evidence to disprove mi important fact. viz.. that Mr.. Doljsdii had not himself been made the purchaser of inferior linnor from somo wholesale dealer.

His Worship reserved, decision cnocerning the first charge, and adiourned the hearing of, the other five charges sine die. MISSIVE.TO THE INSPECTOR. UnoKarl Stellin,:better known as James Stellin, was 'charged with having, on August 1, published a document containing a notification; •On his own behalf; asto betting, .on horse races. Mr-; 'IV SI.. Wilford, M.P., appeared for" the accused, and Chief-Detective Brobefg conducted tho prosecution. . ' ' The charge 'arose out of a letter which had been posted, by. someone to Inspector Ellison containing a circular drawing attention in the ordinary business formula ti a list of "prices," and also a betting chart of the . ordinary type. The inspector wns unaware who had sent the missive to him, but naively.admitted that it was unlikely that Stellin had forwarded it to him for betting purposes. Evidence was given by Mr. A. !■;. Whvte, secretary of the Wellington Racing CJ lib. regarding the chart. It was not quite accurate, as compared with llie official card._ hi one or two-cases tho weights were incorrect, and the name of one horse was not on the chart. Altogether there were four mistakes on the chart.

Detective Hammond also gave evidence. Ho stated that-the chart was similar to thoso in common use amongst bookmakers, and ho also knew accused to be a bookmaker.

In.the course of his defence, Mr. Wilford stated that tho question wns as to whether tho chart was "published" to tho inspector or not. Tho identity of tho addressor who posted it to the inspector was unknown. Moreover, tho man who would send on a bookmaker's chart, which has been sent to him or obtained by him, to the police docs so for one of two reasons: (1) Either he believes it to be for the pubiic good; or (2) ho does it for a malicious purpose. If it is done with the former motive then the man wilt como out into tho open, and declare that motive. As he had not "como out" the logical inference was that the thing had been douo from malice. Of the two enclosures sent to the inspector, ono was a common business circular signed with the accused's name, and tho other a betting chart unsigned, except with the. letter "S". Detective Hammond (an expert on racing matters) had stated that although he could not at tho time think of any bookmaker, outside Wellington, whose name began with "S," it. was still probable that there wero several whose names began with that letter. There was, however, no direct evidence to connect the two enclosures.' ~,,, Chief-Detective Broberg contended that, if a man manufactures a circular, and sends it to a client, and that client sends it on to the police, then that man is responsible for it. His Worship reserved decision.

STRUCK HIS QUARTERMASTER. Thomas Patrick Pritchard, who-had been remanded on a charge of assaulting Neil M'Dougall, the quartermaster of the s.s. Morayshire, was convicted and discharged. He had been detained in gaol since the hearing was first remanded. Mr. Goulter acted for tho accused.

SCARING OFF DOGS. Walter Armstrong pleaded guilty to a charge of firing a gun within the city without permission. Apparently ho was frightening away some dogs in his garden. Ho was convicted and ordered to pay Court costs.

BY-LAWS. Edward Bloomfied and John Campbell, for allowing stock to wander, were ordered to pay £1 Is. Gd. costs. OTHER CASES. Carrie Co.rbott was fined £3 (or 21 days) and £2 (or 21 days) for the breach of her prohibition order, nnd for the use of certain language. Patrick Eico was fined £3, in default 21 days, for a breach of his prohibition order. Fredrick Blacklidge was fined 40s. (or 21 days) and Hazel Stanley 10s. (or 24 hours) for insobriety. Prohibition orders were issued against them. Four first offenders for insobriety were dealt with in the usual manner. TALLOW MELTING. His Worship, after hearing considerable argument, reserved his decision in the case in which Robert Hall was charged with carrying on an offensive trade, to wit tallow melting in Martin Street. Mr. Myers appeared for the accused.