Resident Magistrate's Court, Foxton.

Manawatu Herald, 7 April 1892, Page 2

Resident Magistrate's Court, Foxton.

(Pefore H. W. Brabant Esq, R.M). Wednesday, 6th April. cvm. cases. Henry Smith v. L. A. Langley — Claim £3 ss, on a judgment summons. .« 1 - . v The . defendant; urged that the judgment was. not correct in amount, as^ the, sum yiVs^not the" same* as' wages claimed. ■ Jlhft .R.M. said, tha^ judgment &ajd jbgeQf seized, I'/ ' '- ; ''y f> .. , : t^i^*t " After'a i'ong ex^anation tf'om both* parties, as to some misdnd6i : standing 111 jth& i^aoipit. .-fr iof •r : T ' \ !.■■' liailg'ley 'declared' he had- nothing but his labour to depend on. He was married, and the furniture belonged to his wife. He worked at anything he could get Pie proposed to pay fifteen shillings a month. It was ordered that the amount be paid at the rate of fifteen shillings a month, the first payment to be made this day week. ; Sophia Mousley v. Martin Williamson Claim £2 18s 9cL

The plaintiffs husband appeared, but the defendant failed to attend. The plaintiff applied that the debt should be paid at the rate of 20s a month. It was ordered that the payment be made in two months, in default five days imprisonment itl Wanganui Gaol. T. Bowe v. John Jones— Claim £5, for butter, ferries, and cash lent. Judgment for amount and costs lCs. J. Walls v. Charles Bell- Claim £1 7s 2d, for bread. No appearance of defendant. Judgment for amount and costs Bs. J. Walls v. Alfred Batten—Claim £2 ss, for bread. No appearance of defendant. Judgment for amount and costs 7s T. Ennis v. Robert Murray- Claim £6. The defendant acknowledged to owing £2. T. Ennis deposed that Sam Hunter obtained a trousers and vest on the guarantee of Robert Murray. Defendant bad paid £&, but the plaintiff had given him a receipt as £2 for Hunter's account and £1 on_ his own. This was about six weeks agp. The claim was made put wrong', it should be only £4. ' Robert Murray handed in a receipt for £3 on account of suit. T. Ennis, cross-examined by defendant, said to the best of his belief the defendant was in his shop when the goods were delivered to him. Did not remember asking defendant to stand security for the suit. He got no order from Hunter. By R.M. — Did not keep an account in his books of this transaction. Robert Murray deposed — Hunter had told him he had ordered trousers and vest from Ennis and: that 1 his brother would pay for them ; .one night on'the-footpath Ennis had the parcel under his arm and asjted him to stand security; he refused; Hunter then asked him to take an order from his brother to Osborne ; he said he would take the order to Osborne, but would not become security ; Hunter said that defendant could pay Ennis the money; Osborne did not pay the order. Cross examined by Plaintiff— Did not come to the shop to arrange about giving Hunter the goods. Plaintiff here asked for and adjournment to produce Hunter. By X.M. — Hunter was in defendant's debt at the time. He did not order the goods. , \ William Ferris deposed— He ,remembered tbe meeting between Murray and Ennis, and- Enpis asking him if he would become security, for the goods ; Mmray said no. The plaintiff again asked for an adjournment. ' : The R.M., said it was hardly worth while prolonging the matter ; he thought it was very clear that he could not recover the £2, he had no books to prove whom he charged ; he could have a nonsuit. The plaintiff accepted a nonsuit. Witness claimed 10s, he was allowed ss, subpoena, Bs. THE SHANNON StY GROG CASKS. C. M. Richards was charged with (1) selling liquor, to wit, whisky without a license, on the 29th December at Shannon; and (2) wiUi exposing liquor, for sale, to wit, ale, on the 29th December at Shannon. , . " ' The accused applied to, have, the case adjourned owing id his counsel having to appear in a Supreme Court Case. '•''.,' •* : ' The Constable objected, as he had been put to considerable trouble iv getting his witnesses, and no notice htjd ever been given of an adjournment being desired ; the summons was' served on the 25th March. The R.M. said he could hardly, see putting all the witnesses to' the trouble of attending for nothing ; there were plenty of other solicitors ; lie was not. prepared to" .put the matter off ; six witnesses' ye"re called and the R,M. suggested to the" accused that it would" bY. 'expensive 1 to have to pay all, ttaeir costs'; ffthV accused was prepared' to satisfy theni "at once 'he would adjourn 'the case. The accused howeve*' could not see his way to pay at once as he had not the money, but would pay them to-morrow morning at Shannon. Some of the witnesses objected, disiring cash down. The R M. decided that the cases must be heard, but would adjourn for half an hour to permit accused to consult Mr Pay. The accused refused the offer. It was agreed to. hear the two charges together. The Constable asked the Court to request the accused to produce his licerice,if he had- one, for sellingopnf : Vlia£d-ay. ' V.,. -^ The accused said lie'had none. r : ; 'Che', C,QiJ£table Said i: tno onfence j,T,gcf on j^e 4ajr £pprts wererhejjj ( -at Shannon:? it.Jtiadiboen decidddl^ have no spirituous liquor there, but accused and another, had taken some up and sold it in the tent ; some was sold in the evening in the schoolroom. The charges were amended ? to make the offence having taken place at the schoolroom. Archibald Keith said he was an engineer residing at Petone ; he was i a son of A.. Keith, publican, at Shannon ; was at Shannon on 29th December at the dance in the schoolhouse; saw a bar there and saw

them selling beer there ; accused and Heminingsen were behind the bar ; he got a long beer and paid for it ; paid Henamingsen sixpence ; accused was alongside ; asked if they had a licence, they said no, and ho remarked it was funny to sell with an hotel close bye ; there was a big crowd there; was asked to say nothing about it.; , saw accused selling ; the bottles were on the floor ; it was like an open bar. By accused — Accused did not take the money ; accused offered me another beer to " shut up ;" had the beer. By R.M.— Accused himself gave him the second beer ; saw accused serve liquors but not sure saw him take money. .Tens Peter Hemmingson deposed —Remembered the Sports ; was one of the Committee ; accused was appointed one also ; there was a dance in the evening, accused was there ; he was there to ; was helping behind the bar ; could not swear if last witness put down the money ; gave him a drink ; know accused, and accused and O'Loughlin were appointed to run the booth ; was asked to help behind the bar, found beer there ; it was disposed of by him and the money handed over to accused and Augus Keith ; the bottles were in a box ; never asked accused were the liquors came from ; no Committeemen helped themselves at the schoolhouse : accused asked him to sell the liquor and he banded him the money. By R.M. — Was a member of the Committee and was asked to go in and sell the liquor ; handed the money to accused because he was in charge of the booth. .Albert Kortz deposed — He was in .the school on 29th December ; accused was serving drinks behind the bar at one end of the room ; there were numbers of bottles and glasses ; several people had ale ; saw money passing ; was there when A. Keith asked for a beer and saw him give the money to Hemmingson ; had a beer there with McPlierson, who paid accused for both ; the bottles were standing behind the bar. A. McPherson deposed -He was at an entertainment at Shannon on 29th December ; accused was behind the bar serving refreshments ; had some ale there and paid either aocused or Hemmingson for it ; aocuse# saw all that was going on; liquor was sold quite openly ; accused^^ had a claim against the Sports Com-t^ mittee for £1 19s. Angus Keith deposed that he was secretary to the Sports Committee ; a resolution was passed that there should be no intoxicating liquors on the ground j for certain reasons ; believe accused was present when it was passed ; accused presented an account to the Committee which was refused payment, (account produced). Believe an item was for liquor ; understand Pascoe and Co are only brewers and not licensed dealers in spirituous liquors. By accused— Accused passed all the accounts in together as they are, at a meeting A balance sheet of the refreshment booth, made out by accused, was * put in by witness. By R.M,— There were seven members of the Committee ; the ball in the evening was in connection with 'the sports and formed part of the same accounts : the committee in general were in charge of the ball ; there was a charge for admittance ; refreshments we're charged for ; do not think committee went into the question of intoxicating liquors being supplied ; the profits of sales of liquor were supposed to go into the sports fund ; the resolution that no; intoxicating liquors were to be sold was not put down in the minutes ; accused and O'Loughlin were appointed a sub-committee to run the booth ; auditors would not pass the accounts as the items were not put down in ..the usual manner ; there is a sum of £10 net paid yet ; there is not enough motiey to pay all accounts unless all iihe subscriptions are got in ; if there had been enough money the liquor money would probably have been paid ; the accused was not supposed to have made any profits out of the refreshments ; have been absent from Shannon most of the time since ; the committee had some liquor for their own use, supplied by the refreshment committee. i J. P. Hemmingsen, recalled, said he had not the slightest idea of how much was taken at the booth ; thought about £20 was taken ; -was at committee and did not remember saying that accused and 0 Loughlin must have made a very large "profit as he had taken a large amount of money himself; he might have said soothe T committee were all money oivfc' of pocket ; understood that commitjtee ;owed accused £9 yet. I i : A . • McPherson , recalled^ f said that last, witness did say that the accused _ 'jnuisfc have' made 'a largfe amount, he jf said £5 ; on going over accounts believed booth showed a loss, and this brought out the i*6mark of the last witness. By R.M. — Had nothing to do with committee; two. , subscription lists were not paid in, one byO'Loughlin, which was publicly stated to have had £16 on it, had only had £8 paid in. Constable O'Rourke deposed — He had asked accused who had fetched the liquor to the booth, he replied he did not know ; he said he was not

authorised to sell" any liquor at the booth, and be declined to say whether he did sell any. The Constable stated that was his case. The accused, being sworn said he and ' O'Longhlin were a sub-coin mittee to find refreshments for the sports ; they were provided and sold ; the ale was sent for the use of the Committee and the band ; after the sports wore over the whole of the money was handed over to the secretary, the surplus was then removed to the schoolroom ; there was a charge for admittance to the ball, all tta, coffee, cakes, were free and all cordials were charged for ; there were a bottle or two of ale which were used but not charged for in any way ; no one was asked to pay ; the cakes &c. over were disposed of by dutch auction, and proceeds devoted to paying accounts ; believed that the accounts passed had all been paid except one of his own for £1 19s Id. By Constable — Had not the remotest idea who took the liquors out to the ground ; had had no conversation before or since about the liquors ; gome of the ' Committee told him the liquors were for the use of the Com mittee; O'Loughlin told him go: he told him on the ground ; there were only two bottles of whisky when he got on the ground ; O'Loughlin handed in account (one referred to about item for refreshments) ; When O'Loughlin handed him the account, he said ••this is Pascoe's account for cordials;" swear that initials to statement produced had been put there since the paper had left his hands; could not say how much ale there was in the jiooth j asjeed Heinmingson to give ; Jiini a handi; the beer was used in the room ; never took any money for the beer. The R.M. said he would postpone his decision in this case until the charge against O'Loughlin was heard ; he said it appeared clear that accused and O'Loughlin and others were a committee to manage the booth and it was better to hear what had been done by the others before deciding ; he said in answer to the Constable there Avas no doubt the sale of liquor had been proved. The two other cases against Richards and those against O'Loughlin were adjourned to next "sitting day in May. (The other Court cases will appear in next issue.)