MAGISTRATE’S COURT

Grey River Argus, 9 May 1933, Page 8

MAGISTRATE’S COURT

YESTERDAY’S CASES. Mr. W. Aleldrum, S.AL, dealt with the following cases at a sitting of the Magistrate’s Court at Greymouth yesterday:— UNEMPLOYMENT LEVIES UNPAID. The Inspector of Factories (Mr. F. G. Davies) proceeded against Louis James Kyle (Mr. E. Brosnan) for nonpayment of nine instalments of the Unemployment levies. Mr. Brosnan said ho had discussed the matter with the Inspector and as defendant was not earning, simply prospecting for gold, he suggested an adjournment for two months. The Inspector agreed and the hearing of the case was adjourned until July 3. CHARGE WITHDRAWN. Reginald Clarence Watson was charged with being idle and disorderly, with insufficient lawful visible means of support. He pleaded not guilty. Detective W. Kane said he was arrested on May 3, and was at present serving a. month for an offence elsewhere. As it would cost a lot of money in connection with the present charge in procuring evidence, he asked that the charge be withdrawn. The Magistrate granted the application. MAINTENANCE ORDER VARIED. Claude Frederick Ryland (Mr. J. W. Hannan) applied for variation of a maintenance order in respect of his wife made on June 18, 1923. Mr. A. Al. Jamieson appeared for Mrs. Ryland, and by arrangement with defendant the order was varied as follows: Defendant to pay half arrears to May 8, future maintenance £l/10/per week for 12 months, thereafter £B/6/8 per calender month, the arrears to bo paid at the rate of 5/- per week. Defendant also to pay £2/2/- solicitor ’s fee.

The adjourned case of Arthur Woodhouse v. Louis Woodhouse, was heard. Defendant had applied for variation and cancellation of the order in respect of his daughter aged 15 years, on the grounds that he could not now pay for her maintenance, owing to being unable to work on account of ill health. The evidence of Airs. Woodhouse, who had remarried, was before the Court. Air. J. W. Hannan, for Woodhouse, said the wife had now married again and the child was living with the second husband. Defendant was over GO years of age, and had a doctor’s certificate stating that he was unfit for further work On account of ill-health. It was therefore impossible for him to pay anything. The child would be 16 years of age on January 19, 1934, and there was only nine months to go in which defendant would be liable for maintenance. An order was made suspending the original order made on September 21, 1931, until January 19, when the child would be of age, and the case could then be reviewed.

LICENSING CASE DISMISSED. Reserved judgment was given in the cases in which Lemon James Man tliorpe, licensee of the Ngahere Hotel, was charged that, on Sunday, Alarch 12, he unlawfully sold intoxicating liqour, and that he unlawfully opened his premises for the sale of liquor;and wherein Alice Alanthorpe, wife of the licensee, was charged with unlawfully supplying liquor. Mr T. F. Brosnan apcared for the defendants, who pleaded not guilty. The Afagistrate said that the only direct evidence called bv the police was that of Constable Honey, who said that, on March 13, the 'lay following thr date of the informations, ho made enquiries, and obtained statements 1 rum Alanthorpe and his 'wife. The constable saw no evidence of sale, himself, and he did not tell the licensee that there would be proceedings taken. The statement obtained was a statement in connection with the theft of certain goods from the hotel, information regarding which had been given to the police by Alanthorpe, and in respect of which prosecutions followed against two men, Lewis and Wimpenny, who weir* in the hotel on March 12. Alanthorpe, in his statement, admitted that he supplied two drinks to ■Lewis' and Wimpenny. about 12.30 p.m. Mrs Alanthorpe, in her statement, said that about. 2.30 p.m, Lewis asked for a drink and she supplied thei men with two beers. Two questions were raised, said Air Aleldrum. Even if the statements of defendants wore admissible, was there any proof of the sale of intoxicating liquor? There was no direct evidence that intoxicating liquor was supplied. Alanthorpe merely s-aifl he supplied the men with drinks. Airs Alantropc admitted supplying two glasses of beer, but that did not prove the liquor was intoxicating. It might have been ginger-beer, which was non-intoxicating. In any case the evidence of the wife was not evidence against the licensee; it was only evidence, against herself. Assuming that the statements were admissible, they failed to prove the charges. There was another point’. That these admissions or confessions were not admissible in evidence at all. Defendants were charged with a, criminal offence, and therefore, as Air Brosnan contended, the charges could only be proved by legal evidence. Air Brosnan had raised the point that neither of the admissions were made in view of a charge being laid by the police. They were made only with a view to bringing charges against Lewis and Wimpenny. To be admissible as confessions, they should have been made after a charge had been laid, and should be voluntary admissions, mado knowing that the charge was to bei laid. Tie did not think cither of the admissions was admissible in evidence against the defendants. lie must uphold Mr Brosnan’s contention. that!

they were not admissible as strictly legal evidence, on the ground that it was not stated by the police*, before the statements were taken, that there was likely to be a‘ charge laid against the defendants. The direct evidence that should have been brought, was that of Lewis and Wimpenny. Neither had been called, nor had a statement or confession been put in by Air or Airs Alanthorpe. He held tha the statement of Alr.s Alanthorpe "was inadmissible, and' dismissed, the charge against her, on that ground. There were two, reasons, he said, for dismissing the charges against the. licensee —the inadmissibility of his statement, and also tho fact that he had not admitted selling intoxicating liquor, but merely supplying drinks. There was no evidence to prove that the drinks were intoxicating. All the charges would bo dismissed.