THE MAGORIAN-LAFFEY CASE.

Evening Star, Issue 11779, 8 January 1903, Page 4

THE MAGORIAN-LAFFEY CASE.

A SEQUEL. At tho Police Court this morning, before Mr E. H. Carew, S.M., John Laifey, licensee of Court's Hotel, was charged with, on the 18th September last, selling bquor to George who was then in a state of intoxication.

His Worship remarked that this case seemed to cover a matter he had dealt with before, and he thought that if he had made up his mind on any one point in that case that affected the present case he could u.it very well hear the charge now before tho Court.

Mr Sim, who appared for the defendant, said that that was s». TheTe was also sn anpeal pending from His Worship's decision in the civil case. He suggested that it was desirable that this case should stand over until the appeal was disposed of. There had been no opportunity of bringing the appeal on before the court vacation, but it would come en as soon as possible after the vacation.

Mr Eraser, who appeared for the prosecution, said that he could not possibly consent to the case standing over until the appeal was heard. It was a police prosecution, and would uot be affected bv the result of the appeal. As to the "other point, that was a matter entirely for Ris Worship, hut he (counsel) had no doubt that Mr Graham would consent to replace His Worship on the bench later on in the day. He (Mr Eraser) had a large number of witnesses present, and could not consent to a further adjournment. His Worship : That will be a matter for Mr Graham to decide whether it shall go on now or not.

The case was then ordered to stand over to come on before Mr Graham.

On Mr Graham taking his seat, Mr Sim repeated his application. The question, he said, which arose was whether Magorian was drunk or not. That question was considered by Mr Carew, and he came to a conclusion in the civil case, and there was now an appeal against his decision. Under the circumstances he suggested that it was not desirable that the present case should be considered until after the appeal had been settled. -

Mr Fraser strenuously opposed the application. The other action "was a civil one, and the present case was a breach of the Licensing Act. and was quite independent of the civil action. If the case went en and His Worship convicted, then Mr Sim would have the right of appeal. His Worship said that he was not inclined to agree with Mr % Fraser in this matter. (Mr Graham) discussed :ue matter on the previous occasion with Mr Carew, it being one of considerable importance. He knew Mr Carew's views on tho subject, and the grounds on which he came to his decision. He understood that the appeal was not only on points cf law, but also on points of fact. Mr Fraser said" that assuming he lost some of his witnesses in the meantime justice would bo defeated. Mr Sim: We will undertake to bring the appeal on at the earliest .opportunity. His Worship then adjourned" the case until the 16th of February.