WARDEN'S COUNT.

Inangahua Times, Volume XI, Issue 1662, 5 February 1886, Page 2

WARDEN'S COUN T.

(B«fore Mr Warden Bird.) TUUKBD*Y, FEBRUARVith, 1885. , Appucayioks. • j Ling Fish and party. —No appearance. Lynch and party; »at«r race. Gran-, ted. v William Collins, surveyed husinea* site. — Granted. Thomas Law. No appearance. Patrick Cleary. No appearance. Bi# River Company. No appeataiicc. The C»»nrt then •4J«»uriied. •■> ■1 - (ESBIDKNT .\lu»l»TK» KS COCKI. -*»T^ (Before F. BllMH&q., R.M.) Thursday, fi4'4th t 188$. M'COVOCHIB V. Ji'QuiLUK. This was aii information for axsiiult. Mr Jones, in tlie ftlisencf* of Mi North, appeared for th»* compkiitant, and asked for an adjoarniueut of tlit* ca«e until n«*xtConrfc>day, owing to tinabsence of a material witness at Canni»»Hl i »or#e. Mr Lynch for defendant consented upon the and^rstanduijy; that costs of the day would be allowed. Case adjourned accordingly, with oue gnint- a costs, to defendant. Breach of HcjAip Act. Edwards and Mottteith, brewers, were charged by S»«rg*ant Slattery with failing to cancel the stamps upon three casks of ale which had been removed from the brewery to the firm's store room, a few yards away. Mr Jones appeared for the defen» d ints. and said fits clients would admit that three calks of ate had been removed from one part of the promises to another, l»nt urged that there «viis no intention whatever to evade the law. The firm hud the stamps, and had duly «nter«d np thi«-e casks of ale in their books, and thin f.ict, nnd the circumstance that tlw lu-ewery premises were always open to the public, it woull show that, there was no criminal design on th» pw t of defendants. H« was a^are that U»o

Com t had no option in the matter, the dry technical omission of defendants being admitted, »»nt to inflirt the tliM statutory penalty, leaving it to Uis client* to apply for a remission of the fine. His Worship said the breach having been admitted there was no option >»it to inflict the penalty provided, which was £20 for each cask, L6O in all, the ale to b« confiscated. It would hopen to defendants to petition the Government to rent it or niitigute tlie penalty. J. Kidd v. Rosh. This wis an information charging defendant with unlawfully removing two gallons of whisky from a keg. Plaintiff^ a C»dpmp ietor io-iMini to Black's Point, stated that, .hi t.!ir OJ. j if January lie re.-civ.-d *jir<»f wiii*ky j fcom J. Ching, with mat metier* to ' leave it at Rax borough's Hote , C n*h- ■ ington, Imt through a mistake he | thoiwht the storemau said R >ss' Hitel, i Mid delivered it at tin- Litter ji!a«:e. | On Mondiiy morning 1 l«]i, M/ 0 »i * ».-?"--« ; stoieman asked where the w!ii*ky ! had lieett left Told him it had tieen | delivered to Rn»a, the defendant. Found that I nhonid have, left it at Roxborongh's. Culled at Kn^'aa) (toon as posxiMt; and asked him fur the ! jar of whisky. He mid it whs i»isid.«, and drought it out. I was p rf.-it'y satiatied and took th<- j •«• aw i v ; the j Only thing I misted was tin- st>l ;r *••-, which had been taken from the. basket covering the jar ; left -the |h» it RoxboroughV, thinking it wns al right ; Miss Thompson took it ; I then drove on a .hit, returning i»r -admit a quarter of an hour Mr* R')xW<«u.,'li said "take the jar bick to Mr Ching, this doe* riot suit me/ or words t>> that »Hk; ; axked her what -*V meant and she commenced t<* . Imi^h and said the jir contained no- bin* i\\\ water when she i>pi>>ted if ; tu^t.-d th>contents and fou.ul it w»s waMt ; called at FtoWrfTul «sk^d him wheth« r he had xnl'Stittited wa er for whisky and he said he knew nothing a'»mt it ; he said if it was done in his hona** it. must have been done hy his wir'p ; told him to go an<l set> lim wife a>>d lie went inside and p-e^-iitlv returned saying ••slh''h dnuik." DA not, «o t » see her tht>ii, but on t'i»- f<llo*itnj >\»y called ami she mi io* site k.iow nofhin^ a<H»ut it; I could get no «atisfartiou and returned the jar to Ciiing. He tacted the contents, ami then neuld it op. By Mr Lynch : 0«»t the jii from Mr Chiug either at 1 or 5 o'clock nn<l (li^ve s'owly np the street. The j itwas at my . feet in fmut -if th>- l-i'-; WaS tuld itiat f!i:: j;:- vJ:». /.:*!:. »'.| -.v!iiß key; had Win* 1 »>i.^e:>^--is ,-<b.i..ril ; gave t\u % jar to 11 h^. f«-iyiii^ 'Vie,>- is soitielhitig moiv t'» von mi«!m . k' ; there Weie soui ■ p•• tV it 'li- '<> . ; did not lead t:i^ iiiM.-.M, <• th j ; thought the feoy told uu '* Ro-B ,'" ttml left it at hia place ; ohm not svi-nr tlmt the, j«r over confuitii'd whisky only from what I wan told ; tobi ll** at the time that he had tuk»u th<- wiiiskey «»<tt, nhil iH'lifve so sill; it is not my f»u*ine^s to t;iHfe ilie i-outentH of p.tr••els I tuke for delivery. By the Bench : I cannot swear th.-it th'-re was whisky in the ju- when I g«»t it from the store. J.-h'i C'liiii!; storekeeper, said he filed the j ii* with whisky himself and >iaied it, up, telling his l*ov to send it up l>y Kidd t > tiox' vvotiifli ; sweat the j.ir contained whisky when it left miv premises ; Kild dvonght th^ jur bick on the following M<> d-ty and it con» Uiued Witter Frank M*Mynn p^ov.-d <leH«eriug the jar to Kidd and uli g him to take it to Roxltoiongh. Mi'H Roxboroiigh wan called and proved opening the. j:i» and finding that it contained only \vnfer ; J. Montgomery was present aid tiutted it ; returned the jar to Kidd. Sarah Thompson ; barmaid at R ix lioiongh's hotel, Crnshiugton, proved taking the j.ir from Kidit and carrying it into the dining room, when Ms Roxliovnugh opened it and found it contained nothing bat water; never lost flight of th« j.ir fr »iA the tin>e it wa« delivered to ks l»eii ■: John Howie whs in Ross* !««u\ *nd saw the j»r {Kit liehi nd the. W; did not see it 6f*ened. ' . . By Mr Kidd : am cerVi|u it w«« alxmt 5 o'clock *l»cn yon left the whisky ; nl-pt in Ros«' hotel that night and on the f<>l owiu^ day and never saw the jir 4*iu«lied : the- bar WOtlld beopeu until $2 <it flight ; saw the jar tabind tiie bar on the Sunday ; I wis S)b?r and there w.is uod:-iikiii^ going on in the house ; hud wlutdiy in the hon«* i«efore the j n- nune m. Joseph Coomhs: On Saturday 9 h wan in Ross' >»ar when Kidd left tlie jar there ; Ro*3 took up the j-tr ntid put it liehiud the bit. Httwi<- wts pi-nseiit and wiih Koher. It was ti'-onf 5 o'cloik, as we were coming ott' tinday shift ; know nothing wrong of Ross, au'd have known him from some time. A. Brown : saw Kidd tate a j»r at Ross' and shortly after <ame over and asked witness to go over and took at the jar, which he thought had come from Chiug. Witness did not go over. This closed the case. Mr Lynch pointed out that accord ing to the evidence, the jar was given to complainant at 9 o'clock aud w«s not delivered till 5 o'clock. This interval was not explained. No evidence was given ns to the condition of the seal 1 when the jar was either delivered at or taken from Rosa' He sttl'initted there wn» no cu»e whatever. His Worship said it whr one of tlfe weakest caws ever drought into court, tlim-ewiie not the slightest, proof against ROSB. Case dismissed. J.V'OBSON V. CoCKBURN. I) -fend tnt being an inmate of the Hospital the case was adjauiued for a ' mouth.

O'Neill v. Cbow»±t. Application foe an order u(K>n a judgment given by the Coin r. Case adjourned fora m< mth. Fobsyth St Mast rs t. Dixon. Claim for £9 3s Bd, for goocls supplied. No appearance. J id^iiient for the amount and costs. Mr North for plaintiff Shaw v. Sweeney Claim for 16 - f r ,oo !s suppliwl J.idgment by default for auioUut and costs. Rainy Cbekk Co. y. Robm. £4 6<« B*l, Ijeing call of one penny per shore on 453 shares. No appearance. Judgment for anQoa it and cots