LAW AND POLICE.

New Zealand Herald, Volume XXI, Issue 7033, 2 June 1884, Page 3

LAW AND POLICE.

DISTRICT COURT.—Satubdat. > [Before H. G. Beth Smith, 2aq., Judge.] Ah adjourned sitting of the Court was heldon Saturday. • »,..., Jobs AiKX*jn>Kß - Sobbkll v. Smos CJoMßß.—Claim, £54 11s 6d. Mr. Theo. Cooper appeared for the plaintiff; Mr. Sam Heaketh for the defendant. This wm • case of some importance to hotelkeepers and others. The action was, brought .to recover a camera and photographic requisites/ ■ da* tained hy the defendant On account of a debt incurred by the plaintiff and another pereon; for whom, it was averred by the defendant, that the plaintiff -waa a guarantee. ; The plaintiff also claimed special dusajjei pa account of not being able to follow hia ordinary calling \. as a photographer, and denied the guarantee set np by the defendant. The circumstances were the following : —The defendant is the licensee of the Foresters' Arms Hotel, and the plaintiff stayed there for some time. ■ Shortlj , after going there a person came there and liad board and lodging. ' For this second [person the landlord was led to believe that, plaintiff would pay; but tha plaintiff said he held out no inducement to the landlord. On the 25th of April the plaintiff required to |jo on business to the Waikato, bat the hotelJceeper detained bis implements, which, he e.iid, were his stook- ; in-trade and means of living. He could not, therefore, follow' hi 3 ordinary calling.' The defendant relied upon a clause of the JLiicenaing Act as follows (140 eeotion) ':-- Erery innkeeper shall, in addition to bia ordinary lien, have the right absolutely to sell "and dispose of by public auotion any: goods, chattels, carriages, hortos, warns, or merchandise which may have beea depoiited with him, or left in the house he keeps, or the coach house, stable, stable yard, or other premises appurtenant or belonging thereto;' the person depositing or leaving such goods,' chattels, carriages, horses,' wares, merchandise shall be or become indebted to the said iankeeper either for acy bpard or lodging,. or for the. keep and expeipW of any horse or -other, animals left 'with- or standing at livery in the stables or" fields occupied by each innkeeper. Provided that the" debt . for the payment of which a sale in made shall not be any other than a debt due to the innkeeper for board and lodging, or for the keep and expenses of an? horse or other animals left with such innkeeper as aforesaid. The legal queitioes were whether (1) the landlord could detain the camera, kc. ; (2) whether the plaintiff was liable for' the board and lodging of the second person referred to. His 'Honor said that upon the facts as proved the plaintiff appeared to be entitled to a verdict as regards the detention. Mr. Theo. Cooper : We only want to get these implements bask. His Honor: But the question as to the liability for the second person, he would not give judgment without considering fnrther the interpretations put upon the statute. He therefore reserved judgment on the whole case.

POLICE COURT.—Satukbay.

(Betoro Messrs. P. A. Philips and J. Gerdon, J.P.'i.] ■ Dkunkeijness.—Eight peraons were puniahed for this offence. Charles Peterson, for. being drank while in charge of a horse and cart, was fined 4pa and coats, or in default seven days' imprisonment. Annie Hamilton for a third offence, was fined 40a and costs, or in clef salt seven days' imprisonment.— Margaret Locks, for a similar offence was also fined 40a and costs, or in default seven days' imprisonment. . Assault.—Maria Drummond charged with being drunk, was also charged with assaulting ' John Claude with intent to do him grievous bodily harm, and with being a habitual drunkard. She admitted the oharges of drunkenness, also with taring struck Claude in self-defance. The parties were co-habiting, and were drunk together,' and'a row.' haying she struck him on tho head. She was sentenced to nine months' imprisonment. : " : • : Bigamy.—-Edith E. O. A. .Worman was charged with feloniously marrying William Brineden on the 24th of July, 1880, her former husband, Robert Dana, to whom she. was married on the 16th of October, .1878," being atill alive. She pleaded not guilty.. Mr. E. Hesketh appeared for the defence. Sergeant White applied for a remand till Friday, which. was granted. Mr. Hesketh applied to have the accused admitted to bail, which woe allowed, in two sureties of £25, or one o'f£so. ' ■■■'

Red Lioir Hotbl.—Mr. George made sp- ■ plication to have George Akers registered as the owner of the Red Lion' Hotel. ; The application was made under section Hβ of the Licensing Act Mr. Akers deposed to having purchaned the property lately, and the deeds were signed. The application was granted. A. similar application was made in regard to the Naval Hotel, to have Patrick Brody registered as the owner. Order I granted.

[Before MessrsJF. L. Prime and J. Qoidoa, J.P.'eJ , The Late Drowning Accident.—Mary Brown, licensee of the,' Flagstaff Hotel, Devonport, was charged with Belling liquor to William O'Keefe, while he was in a state of intoxication, on the 24th mat., The charge was laid under section 146 of the Licensing Aot. It will be .recollected that the youth.. O'Keefe, while in a state of intoxication, was drowned when returning from the Takapuna races, on the Queen's Birthday. Mr. E. Heaketh appeared for the-defence, and pleaded not guilty. Jerry Drifcoll, a youth, 17 years of age, deposed to being at the Takakuna races on the 24th of May, and O'Keefe was there also. They left thecourse abont twenty minues to eix o'elook, and O'Keefe asked witneos to stick to him and look after him as he was drunk.- They went to the Flagstaff Hoted, and O'Keefe called for beer and witness for portergaff. O'Keefe could not drink all his beer. . He, paid Is and got 4d back. It was a man who supplied the drinks to them. Witnets took O'Keefe down the wharf. He stumbled and fell, but witness assisted him np, got him oa board the steamer and across to Auckland. They walked up the wharf thirty or forty yards, when. fell overboard, and was drowned. Cross-exam-ined : There were about a dozen people in the bar when the drinks were served, but he could not recollect whether the place was lighted np. ' Hβ saw some womanbehind the bar, bnt could not swear it was Mra. Brown. Hugh Storey deposed to seeing William O'Keefe and the last witness in the hotel. O'Keefe appeared to be drunk. The bar was lighted at the time. He did not see the barman serve the drink.

George Palmar, barman of the Flagstaff Hotel, deposed that Mr. Fuller and Mr. Sinclair were assisting in the bar on the" 24th instant. Cross-examined : The first

time he saw the first witness was yesterday, when he came with Sergeant Clarke,. and. he swore positively he never served him with a drink. The boy said he thought , it was witness who served him, and when he pointed ont the place where he said ho was served, witness remarked that it could not have been him, as he was not serving in that park of the bar. Sergeant Clarke deposed to Driscoll pointing out to him where he was served with the drink on the eveniDg of the 24th. Mr. Hesketh said there was. no proof that Mrs. Brown sold the liquor, but on the contrary the evidence, went to show that it was the barman'who 'supplied the liquor. He also submitted that there was no proof of knowledge of drunkenness in this case. He quoted several English and colonial authorities. The case was dismissed. . ■ .'