MAGISTRATE'S COURT

Dominion, Volume 10, Issue 2944, 2 December 1916, Page 14

MAGISTRATE'S COURT

ANTI-SHOUTING CHARGES. .Mr. L, G. Eeid, S.M., presided at the Magistrate's Court yesterday. A plea of guilty was entered by Henry Alexander, charged with stuffing soap into a holo in a milk can to prevent leakage, thereby contaminating the milk. Ho was fined lus. and costs .£1 lte. Similar charges were laid against Matilda Turner and Sydney Death, w.ho were rei mantled for u ' week. Peter Softley and William Curie, for whom Mr. H. F. O'Leary appeared, charged, with commencing a lottery, had their case adjourned for a week. How easy it is for a man to be brought before the. Magistrate for a breach of the AVaf Regulations, in respect to "shouting" was illustrated yesterday, when an obviously innocent transaction led to police proceedings. Briefly, the facts were that Sergt. Fitzpatrick, whilst riding in a tram along Courtenay Place one morning, saw, when.opposite tho Albion Hotel, two men close to the door of the hotel, when one passed something to tho other which tho sergeant assumed was money. He got out of tho tram, followed the men, and questioned them. The result was that a charge was laid against Charles Henry Barton that he did t receive intoxicating liquor in the Albion Hotel which was not purchased with his own money. His friend, Reginald Powell Roberts, was charged that he did give to Charles ' Henry BnTton money with which to pay for intoxicating liquor to bo consumed'in the Albion, Hotel. Both accused pleaded not guilty, and were defended by Mr.- J. J. M'Grath, Acting-Inspector M'Kinnon prosecuting. Tho only w-itness for the prosecution was Sergeant Fitzpatrick. who detailed the circumstances as briefly given above. He followed the men into tho hotel after leaviug the tram, and taxed Roberts with giving his mate money, and said that he (the,sergeant) was satisfied that ho went into the hotel for the purpose of 6houhing. Roberts did not reply, but Barton said, "Ho gave me a'half a crown; he owed it to me." AVitness then called Roberts aside, and said to him that he (the sergeant) saw him 'give tho other man money for the purpose of shouting, to -which Roberts- replied, "Well, it's no use denying it; I did." And then, in the presence of the barman, witness said to Barton: "Mr. Roberts has admitted giving you money for the purpose of shouting," to which Barton made no reply. In cross-examination, witness said he would not declare that Barton's statement that Roberts had refunded him half a crown was a falsehood. He knew both accused as decent men. It was a common thing for people to say when taxed with this offence that the money handed over was a loan. George Arnold, barman at the Albion Hotel, said he remembered the defendants coming into tho hotel, also Sergeant. Fitzpatrick. The two men paid for their own drinks. He heard the sergeant question the men as to money passing between them. He had' not known either of the two-men to break the AVar Regulations as regards shouting. The Magistrate said he doubted, whether ho could convict on the evidence tendered, and dismissed the charges against both defendants. Peter Soger Hughes, who was found helplessly drunk in the street, was remanded until Monday for medical treatment.