MAGISTRATE'S COURT.

Hawera & Normanby Star, Volume XXVII, Issue 2749, 16 June 1894, Page 2

MAGISTRATE'S COURT.

Haweba, Fbxday, 15th Jmnc;- • ' (Before 0, 0. Kettle; Esq;, S.M.) CHARGES UNDER UOENSHRJ ACT.; „.? Qbas. Edwin Brewer, publican, Branch Hotel, EUbam, was charged: with having sold liquor on Sunday, 27th May. C Aooused pleaded not guilty. Sergeant Stagpoole for the prosecution ; Mr Caplen (with Mr Malpn'e)for thi defence. '•"■-" "\. .-^l\ Ernest Lewis, 'watchmaker, EUham, who boarded at tbe Branch Hotel, stated that he rememberedjbeing at the hotel on Sunday fortnight; was with /Messrs , Emmett, Eappley, .Soberer, .and [Others ; bad drinks w^h them ; Emmettf'ooirds in botel ; Soberer aometimea bad' meali there; witness paid for the drinks ; % he gave, the money to Eappley to I get the drinks, au he 1 thought Brewer would not give them to him ; Eappley ia a' boarder at the botel ; they bad a " shilling in ;" they put a shilling each in a hat; and who got tbe most heads up won tbe pool ; he was the winner. ; , „ , . —*? , Cross-examined— The: room we were in was a private one,' and all "present were boarders; Mr Brewer' was not in the room when we had the "shilling is?'; when asked for the- dice, Brewer said; in efleofc that he did. not allow gambling; the hotel ia one.of the moat respeotable lbave peen; I have U696P Seen aDy gambling there. . ' , ■ - , f //, . , George 0. Emmett, livery stablekeepert Eltham, a boarder at therhptel. remembered, being in the hotel on 27th .May i was in a* private sitting ' room with Soberer, Eappley, Lewis, and Mofiatt; Brewer brought drinks in. Cross-examined— Lewis gave the money to Eappley to pay foe tbe drinks. „ ) James Soberer, bootmaker, , Eltbam, gave evidence similar to last witness. Cross-examined— Brewer ■ would not allow gambling, and would not give dice ; he " sbonted " instead. ' ; '^ William Eappley, saddler, Eltbam, gave similar evidence. ' Cross-examined—- 1 got thef drinks because I did not think Brewer would serve tbe others. , :> „, MrMalone wished. to ask qdestionaof witness as to the manner in which the polioe had worked up tbe case ," but ' The S.M. . said complaint ahonld be made to the proper authorities if the polioe had done wrong. - . f X .. This was the oase for the prosecution. J Charles Edwin Brewer, defendant, ;; licensee of Branoh Hotel, Eltham, stated , / tbat the parlor in whiob Rappley and others were in was a semi -private one-; ill those in the room had tea at the hotel that night; asked Eappley who wanted ;he drinks, as be did not, want to open tbe jar ; was unaware that there had been a •shilling in.,", He ••shouted" drinke ifterwarda. He never allowed gambling, md waa always particular about, aelling iquor. This was the oase for tbe defence. , - } His Worship said he waa of opinion hat a breach of tbe Act had been comnUted.i Probably Mr Brewer was ignormt of the law and a heavy fine would not >c inflioted, . He would fine him 40a and OBtB. - : ' !■ •■■ Mr Caplen asked that tbe fine be £5 la, a order tbat an appeal might be made. His Worship agreed to do so. A second, charge against defendant of Mowing gambling on bib premiaee, rising out of previous case, was "with* rawn. '• • ~'-i '■■'\y civil cases. '*■ r l p : Nelson v. Dobbs.— Claim, 4152. - Judglent by default, with costs. :- Mr Caplen Bitter, .v. Dobbe.— Claim, £25 18s Mt^*** adgment by default, with costs. Mr aplen for plain tifiV '„.** - <^ Pratt v. Dobbß.— -Olaimi £84 14a 8d adament by default, with : eo*tie» -Mr aplen for plaintiff. i*,i' '■*>■_ t -\^ . Collins v. Dobbs.-rrOlaim.. j&a 10. adgment by Jefaajt,. /with" ££. J £ aplen for plaintiff, y ""