SUPREME COURT.

New Zealand Times, Volume LXXI, Issue 4293, 28 February 1901, Page 7

SUPREME COURT.

PEESS ASSOCIATION. CHRISTCHURCH, February 37. in the Supreme Court to-day the firal steps for the appeal in the Styche case were taken, Mr Joynt obtaining an order for the transmission of the papers in tin case to the Court of Appeal. 'An important decision under the Eicen sing Act was given to-day by Mr Justice Denniston in Banco, in an appeal against the decision of the Stipendiary Magistral dismissing an information against an hotelkeeper for supplying more than out drink each to bona fide travellers to New Brighton on a Sunday. Tno persons suxi. nlied arrived at 11 in the morning, anti had three drinks at intervals during tin day, the last at 4 p.m. The Magistrate found that they were persons under the Act of 1895 arriving from a journey, anc dismissed the information. The Judg.held that the Magistrate was wrong iu dismissing the case, the intention of the Legislature being that a traveller should satisfy the thirst induced by a journey, but not thethirst induced by sojourn at the place to which he journeyed. He ac cordingly upheld the appeal with costs. DUNEDIN, February 27. At the criminal sessions of the Suprenu Court to-day, John Ramsay, aged 19, foi burglary, was sentenced to three months imprisonment with hard labour.

lu the case of John Holland, charged with assaulting a girl under the age of nine years, the jury retired at 11.35 a.m., and being unable to agree at 4.‘35 p.m., were discharged. The case will he tried before a new,jury to-morr6w. Samuel Flaherty. 25 years of age, was charged with a very bad assault on a girl of the age of fours at St. Clair. The defence was that the man was drunk, and that when he took drink he lost all control of himself and did not know what'he was doing. He remembered nothing oi the circumstances. The jury returned a verdict of guilty. Sentence was passed of fifteen years’ imprisonment with hard labour, with two floggings of 25 strokes each.

NEW PLYMOUTH, FcbruSry 27. 'Pr Justice Conoliy gave bis decision tins morning in the appeal case in ivbid Benjamin Morris .lessee of the Omata toll-gate, Taranaki, appealed against tin decision of the Stipendiary Magistrate, who held that on. technical points toll Tras not payable. His Honor, in a long judgment, reversed the Magistrate's de. icieion, but gave leave to take the case tf the Court of Appeal. WANGANUI, February 27.

At the Supreme Court to-day, the case against a man named Timothy Foley of alleged criminal' assault on a girl aged thirteen, fell through. The accused was not called on for his defence. The witnesses for the prosecution collapsed under cross-examination. Mr Justice Edwards expressed the opinion that no jury could convict on such evidence as that adduced.