MAGISTRATE'S COURT

Greymouth Evening Star, 31 July 1925, Page 3

MAGISTRATE'S COURT

REEF.TON LICENSING CASE.

(Own Correspondent)

u BEEFTON, July 30. In the Magistrate’s Court at Reefton before Mr AV. Meldrum, S.M., in J. Collins v. H. Hanna, judgment was given for plaintiff by default for £2O 1/-, with costs. , Julia Osbourne was charged under Section 191 of the Licensing Act. Sergeant FryeV prosecuted. Constable McNulty stated that ou Sunday, July 26, he saw a miner named Rigby and P. Hennessy in Broadway, entering the Globe Hotel, and saw both in the bar parlour of the Globe Hotel. He asked them their business and both stated they were boarders, Rigby stating he slept there the night before. Sirs Osbourne entered, tarrying two glasses and gave one to each. Ribgy handed Mrs Osbourne a shilling. Witness took particular notice as to who paid, knowing that Rigby was not a boarder. He enquired if lioth Were and they said they were. Mrs Osbourne said that Rigby was not a boarder and also stated that she did not know who ordered or paid for the drinks. Sergt. Fryer stated that on Sunday last he, in company with Constable McNulty, interviewed Mrs Osborne and she admitted that she had supplied Rigby with two beers. Thos. Rigby stated that he was a miner living in Reefton, and lodged a t the Empire Hotel. On Sunday last he went to the Globe Hotel and saw Hennessy. They had a drink. He offered to lend Hennessy some money to pay for the drink.

Mr Patterson claimed that the defence hinged on the fact as to whether Rigby paid as agent for Hennessy, the latter being a bona fide lodger, and entitled to be supplied. Julia Osbourne, licensee of the Globe Hotel, said that Hennessy came into the dining room and; asked for a drink. She had not seen Rigby before. When she brought the drink she did not remember being paid for it- Hennessy was a boarder and had stayed at the hotel some time. She told Constable McNulty that Rigby was a boarder, but on making enquiries found she had made: a mistake.

P. Hennessy, miner, living in Reefton, stated that he was at the Globe Hotel on Sunday last. He asked Rigby to come into the dining room to the fire, and asked Mrs Osbourne to give his friend a drink. The drinks were paid for by Rigby as he knew witness’s position. To Sergt. Fryer: He was hard up, and not in the habit of shouting when in that condition.

To the S.M. : He knew Rigby was not a boarder when Constable McNulty enquired. Nothing was said by him to Rigby or Airs Osbourne. The S.M. considered that it was Rigby’s “shout”, and that Mrs Osbourne looked on them as boarders. Airs Osbourne was fined £2, with costs. WARDEN’S COURT. At the Warden’s Court, Reef ton, before Mr. W. Meldrum, Warden, the following applications were dealt with:— E. Hilnian for coal prospecting license.—Adjourned to August 13. Golden Coast Dairy Co., water race. —Recommended. T. Gilmour, hand-sawing.—With-drawn. P. N. Kingswell, protection.—Recommended. New Millerton Mines, protection.— Granted. C. J. Strongman, as inspector of mines, proceeded against W. J. Morris (Mr. Patterson) for the number of men employed being in excess of those allowed by the Act on the certificate of the man-in-charge. * C. J. Strongman stated that underground there were seven colliers and on the surface another six men. The certificate of Chadwick only allowed him to take charge of eight men altogether.

Air. Patterson contended that the main facts hinged as to whether the manager be included in the number of men (eight) allowed to work under a deputy’s certificate. The Warden ruled that if more than eight men were employed a second class certificate was required for the person in charge and the defence would have to prove that no more than ten men were employed. Mr. Patterson, quoting a Court of Appeal case contended that persons employed outside in the marketing processes did not come under the category of men employed in or about the mine, arid pointed out that as soon as the matter was brought under Mr. Morris’s notice a first-class certificated man was put on. Defendant was convicted and fined 5/- with Costs.