Appeal Case.

Manawatu Standard, 22 November 1905, Page 5

Appeal Case.

The hearing of the appeal by A. G. Hickforcl, llongotea, (Messrs Moore and Cooper) against the decision of Mr A. D. Thomson, S.M., who convicted the appellant of selling a single bottle of whisky, he being the holder of only a wholesale license, was concluded at the District Court yesterday afternoon. After the-evidence had been heard, his Honor said that he had considered during the progress of the case that he should say something -with regard to what he considered the extraordinary temptation placed in the defendant's way by granting him a wholesale license in a district where there was no retail license, and where his family were carrying on a boardinghouse practically in the same premises. An indication of his feeling on the matter would perhaps be sufficient, and he would leave the point to those who had the power to deal with it. In his judgment the only defence attempted had been to east some doubt as to the date on which the offence had been committed. In his opinion the evidence of Keys corroborated to the fullest extent the evidence for the prosecution inevery respect but that of date. It was the first, time in his experience that it had been seriously contended that the date or the time in such cases was sufficient to prevent a conviction. If an alibi were set up the date might be material. In this instance seven-eighths of the testimony was in favour of the date of the occurrence being the 22nd. If he were satisfied that it was the 25th lie should direct an amendment. He was not, however, satisiied that it was the 25th, and was ot opinion the Magistrate could have come to no other conclusion than that which he had. The appeal would be dismissed with costs £7 7s. Mr Harden appeared for the respondent Sergeant Stagpoole.