MAGISTRATE'S COURT.

Northern Advocate, 22 February 1911, Page 4

MAGISTRATE'S COURT.

(Before Mr T. Sott-Praith, S.M.)

BRAWL IN A BAR.

At the Stipendiary Magistrate's Court on Tuesday, Mr T. Scott-Smith, S.M., presiding, a young man, a first offender. Avas charged with drunkenness, refusing to quit licensed premises, and with assaulting Thomas Gibson, licensee of the Settlers' Hotel. Messrs Killen and Edmunds, v ho appeared for plaintiff, pleaded, on Ins behalf, "guilty," to the first charge and "not guilty" to the two latter-w ones. p Charles Thomas Gibson, hotel-keep- ; er, whose face was thickly coated v.-itli yellow ointment, which no doubt covered a bruise, said that he iiari requested defendant in the first instance, ut about 8.48 p.m. on Saturday, to leave the hotel, as he had knocked over a soda water syphon and a couple o£ glasses. Defendant submitted, without causing trouble and left the private bar, but did not leave the premises. On being requested again to leave, defendant, said witness, refused to' go r and challenged the lessee to put him out, and then flew at witness, gripped him by the throat snd punched him (the mark of the blow, combined with the effect of contact witlt the"ground, being shown). While the scuffle was at its height a constable arrived" on the scene and arrested his cssailant. Tα answer to Mr Killen, witness said that he had seen defendant come into the hotel first at about 3 p.m. He was then quite sober and had played a prame of billiards, and hed a drink. Since then he had not noticed him untft the evening - , and except thai he had seen him leave the hotel on one occasion, could not say whether he had been there most of the day or not. In reference to the scuffle in the evening, Mr Killen said: "Didn't you seize him by the throat and jump on him, and didn't someone have to interfere with you to stop you choking him?" Witness: "Certainly not. I deny it." Mr Killen: "You are in the habit of flying into a passion and putting drunken persons out, are you not?" Witness: "Certainly not. I'm the most peaceable man in Whangarei." Mr Killen cited some former cases, both in Paeroa and Whangarei, wherein witness had figured as having become angry and having ejected persons from his hotel in a rough manrer. Gibson denied the Paeroa C2ses, but admitted three or four synonymous cases in Whangarei. Witness became very voluble in his expostulations and had to be called to order. In response to a question from Mr Killen as to why witness had not telephoned for the police, Gibson replied that he hbd gone up "the road to find a constable, but was unsuccessful. ■... Re • egretted that the inferences of misconduct in running the hotel had cropped up, and he stoutly denied them. ( W* Armstrong, barman, said that he considered the defendant was drunk at the time of the disturbance, and that he had seized Gibson by the wrists on ' :he first occasion, had been put out, i>nd had returned, when the assault took place. In answer to Mr Edmunds witness said that defendant was sober when he first saw him some time after dinner. When he saw him in the evening, he was stating objections to the house and saying that he would never enter it again. Constable Horan said he noticed a sudden scuffle in the Settlers' in the evening, and running over had seen defendant holding Gibson by the throat, and had arrested him. He resisted to the lock-up and was so violent that he had to be handcuffed. • Witness saw no sign of a row on the verandah or in the street previous to The scuffle in the passage. Defendant had said, since his arrest, that if it had not been for Gibson no disturbance would have occurred. Defendant said that he had had a •number of drinks during the day, all cV them, with the exception of two or three, having been in the Settlers', and one of which Gibson had himself shouted. He returned to the hotel at 6 p.m. and remained there until he was' arrested. Witness had without provocation been seized by the throat by Gibson, and pinned against a wall. He remembered hearing someone re- " nonstrate with Gibson for his action. Subsequently he had rolled over and got Gibson by the throat. Replying to Sergeant Moore, defendant said he could not remember how many drinks he had had, but all barring two or three had been in the Settlers'. ■ His Worship dismissed the assault charge, convicted for drunkenness, snd fined defendant £5 and 7s costs for refusing to quit licensed premises. SCAFFOLDING INSPECTOR RESURRECTED. On the information of Mr Gresham, Inspector of Scaffolding, Mr G. RLovatt was charged with having erected a scaffolding exceeding in altitute the maximum height allowed, without - notifying the inspector. Mr Steadman, who defended, statedE that it was an unuusal case, as it was en very rare occasions that the inspector visited Whangarei, and it was the first on which he had visited Mr Lovatt's factory, where the scaffolding had been erected repair some hinges to a door, which repair was Immediately necessary, as the door mipM have been dangerous to passersby if it had not been repaired. *Mr Lovatt was fined Is and 33s costs. DRA.INS WANTED. Mr W. James was fined £1 for allowing offensive matter to run into the gutters of the street.