MAGISTRATE’S COURT

Northern Advocate, 16 February 1926, Page 7

MAGISTRATE’S COURT

MEN IN HOTEL. DURING CLOSED HOURS. Two men appeared before Mr R. W. Tate, S.M., at the Magistrate's'•Court yesterday on the charge that they were in the Whangarei Hotel on Sunday, January 31, when it was required to be closed. Constable Sutherland stated that he noticed one 6f the accused go into the hotel and followed him. He found him with the other accused and asked him if he were a boarder. The accused said “Yes, No. 8,” but enquiries did not bear this out. The other accused had booked for the previous night only. The acting manager of the hotel said that the accused took, a bed for Saturday night only. The other accuse'd had booked up on the Saturday night, but had been ordered out on the Sunday, after asking for liquor and being refused.

Mr Brigs submitted that the accused was entitled to consider himself a bona fide boarder at the time. His Worship said that, he did hot propose to convict and the case was accordingly dismissed. Mr Harrison, who appeared for the other accused, submitted that the police had placed too fine a definition upon the Licensing Act. The stated that he could not tell at the time whether he would be staying at Whangarei on the Sunday night. When told to go out he went to the Kama Hotel. He was turned out because the proprietor did not know he was a. boarder. Crossexamined by tho senior-sergeant accused denied being put out of tie hotel on previous occasions.

Edward McMahon, licensee, said the was booked in for bed and breakfast on the Saturday night without witness' knowledge. Witness was surprised to see the accused in the hotel ziext morning. He wanted a drink, and witness told him to gel off the prepiises. The accused, said his Worship, knew he had no right to be on the premises, and would be fine! 20/- and oz-dered to pay 14/- costs.

SENT TO THE ISLAND. “The day was dry and he was dry,” said Mr Carruth on behalf of George William Johnson, who -was charged with a breach of his prohibition order by procuring liquor. The acused pleaded guilty to “a bottle of beer.” The. police statement was that the accused was seen going down a lane at the back of a -billiard saloon where he received a bottle of- beer from a taxi driver named Reginald Trimble. At the conclusion of the hearing of the evidence tho Magistrate asked Mr Carruth why he should not send Johnson to the Island, as he had threatened he would do last December if accused appeared before’ him again. Mr Carruth asked the Court to extend its leniency on this occasion, and pointed out that Johnson had taken out orders against himself. His Worship, however, committed the accused to 12 months’ detention on' Eotoroa Island. £5 FOB PROCURING LIQUOR, Arising out of this .case, Trimble was charged with procuring liquor for Johnson, a prohibited person. Constable Sutherland said that when accosted the accused said he did not know that Johnson was prohibited, but did not reply when asked why he went into the lane to hand over the liquor. The accused said it was a daily occurrence for, taxi drivers to be asked to get a bottle of beer.. He did not know that Johnson was prohibited and had gone into ’ the lane because he thought Johnson did not want anybody to see him.

The Magistrate said that he could not believe that the accused was innocent of knowing that Johnson was prohibited, and he must therefore convict. The Senior-Sergeant t asked that in this event a severe penalty be imposed. Mr Carruth urged that the stigma against the accused was already severe. The Magistrate- said that he intended to fine the accused £lO, but as this was the maximum he would be fined £5 and 7/ costs. TRESPASSING ON RACECOURSE. Arthur Watson Green was charged with being unlawfully found on the Kensington racecourse, being a person who had committed a crime under the Crimes Act. The Senior-Sergeant stated that it seemed the accused did not know that ho was amongst the list of excluded persons. Mr Harrison, cn behalf of the accused, submitted that the offence was not a serious one.

His Worship said that if accused would recognise that he was disqualified from going on racecourses, only a small penalty would be inflicted. The accused was convicted and discharged upon paying 7/- costs. WARRANT ISSUED. No appearance was put in by W. Sito when his name was called to answer four charges of obtaining credit by frakul by hiring taxis on different occasions. Detective do Norville asked for a warrant, which was issued, anti the case was adjourned sine die. INEBRIETY. A first offender who pleaded guilty to being drunk in Walton Street on /Saturday was convicted and discharged.