MAGISTRATE'S COURT.

Hawke's Bay Tribune, Volume I, Issue 256, 16 October 1911, Page 6

MAGISTRATE'S COURT.

NAPIER. MONDAY. OCTOBER iGth. (P.tfore Mr. S. E. XbC. rti.v. S.M.) BREACHES OF PROHIBITION ORDERS. Herbert Mttfonl was• with being found on the premises of the Criterion Hotel. Napier, during the enrreney of a prohibition order against him. Accused ph ad. d guilty, hut aske«i His Worship to take -;it.» consideration that he was now doing a term of two months' imprisonment. Sergt. Cummings said iie had been brought up to dispose of the information. Convieterl and fined £5. v.iih 7eosts. in default one month’s imprisonment. Thomas Manley was chargtd on two counts of being found on licensed premises during the currency of a prohibition order. Mr. Hallett appeared for the defendant.

The accused pleaded not guilty to both charges. James O’Halloran, police constable at Taradale. dr posed that at 2.2" on September 13th the foundation stone of the Taradale Town Hall was being laid. Among the audience was the 'occused. who was in a send-drnnken state. On the following morning he was again in the same condition, and ; again on the 16th. Several cotn- j plaints hail been made to witness j about this man procuring liquor, j Two men about Taradale conveyed drink to the accused, and witness waned them to leave the township. To Mr. Hallett: Had kn-wn the defendant for about four years, and was friendly with him. The accused assisted in the e< r« :m :iy at the Town Hall. Did not know from Lis own knowledge whether the two men were carrying drink t > the accused. At one time witness ami the accused had a few words. The accused took ill and sent for witness who used to take him provisions and look after him. The accused commenced to

drink and quarrelled with Moynihan, the hotel keeper at Taradale. Witness refused to take any action thus the feeling arose. The accused made a complaint against Moynihan. He refused to make a written statement to witness. So far as witness knew the accused had not been ill. Moynihan made a remark about a child of the accused on the date of tin* foundation cm ; m >i'y. Had m ver threatened the accused. Accused never hung round hotels. Witness heard that the defendant received payment for his share < f the work nt the foundation ceremony.

Lewis Smith McDonald, a carrier, a member of the Town Board. Taradale. deposed that he was a speaker at the foundation laying ceremony on the 13th. In the morning the'accased was in fairly good condition, nt 1 o’clock he was worse and later on still "worse. The accused interrupted once, but a sober man might have done the same thing. Thought the accused had liquor. To Mr. Hallett : Knew the defendant fairly well and would not say he was an excitable man. It was possible that the might have been excited, not drunk. Mr. Isaacs Jeffares also drpost d to seeing accused under the influence of liquor. Jhis closed the case for the prose cation. Mr. Hallett, for accused, held there was no evidence :o prove either the possession or procuring of liquor. His Worship was satisfied that the man was drunk.

Thomas W. Manley, the accused, said he had been engaged on Sept. 13th decorating the new Town Hall at Taradale. While on that job he absolutely denied tiiAt he had Lad a sup of intoxicating liquor. He had drunk nothing but hop ale. He had no liquor on 16th Sept. He took medicine prescribed by Dr. Moore and it made him giddy. J. E. Glenny. storekeeper. Taradale. said on Sept. 13th he was wonting with Manlev at the Town Hah decoration all day until able 2 p.m. Manley was sober in the morning, hut during the day would appear to | an outsider as if he had been drink- | >ng. So far as witness knew accused I had no liquor except hop ale, which ; he had procured from Jeffares and Alexander’s. It was his honest opinion that hop ale affected a< cased and had seer, him drunk on it for a week. He saw Manley walk across the road on the 16th and he appeared perfectly sober. After finishing work on the 1.3: h Manley went home ami dressed aril was back again in half an hour for the ccrerawny quite sober. The man was excitable. His Worship said he was quite satisfied that the man had had intoxicating liquor on both the 13th and 16th Sept. He would be c >n. victed and if brought before lire, again would sent t > Pakatoa. He would be convicted on the charge ■ I the L3th and fined £> ami costs 26 A month wr.s allowed to pay. He was com t. ted ami «.i ! --’:.irgi-d on the inforanition • f the Ittth. CREATING A NUISANI E.

John Henderson, the Borough Sanitary Inspector. proceeded against Frederick Charles Selby, butcher, for causing a nuisance through neglecting to dean a private yard on part section 30S. Napier. The place complained of was the stable yard of accused s butcher s shop in Hastings street. South. Mr. Glienson appeared for the accused, and pleaded guilty. Mr. Murdock appeared for the Borough, and placed Mr. J. Henderson. Nuisance Inspector, in the box. The Inspector said he found the van! in a very Lad state indeed. There*was a large quantity of horse manure lying about, sheep beaus m an advanced state <■! decay, and also a bag of pi:‘:id matter. People working next door complained that the stench from t tie- yard made theni sick. Selby made no cx«-nse, ami was vt rv d -im’i iusii'ting. F. IL 1*... ..’isi. Sanitary Imq»< <• t«ur utid.-r ■ 1* 6 ’ Health 1 ►« t • i:' ni-nt. r.>: t ‘ ! ■ i v. ■ -it Mr. li* u d> i Lad ~.i !. lic.r.. Hi.;. tin r, "i.. oamd the adjoining properly. ~u. ' the stench

made him sick. He looked over the fence and saw sheep's heads, dead fowls, and refuse. Convicted and fined £5, costs in default one month’s imprisonment.