DISTRICT COURT.

Oamaru Mail, Volume II, Issue 468, 29 October 1877, Page 2

DISTRICT COURT.

THIS DAY. (Before Hia Honor District Judcte Ward.) APPEAL CASES. In re Longford (appellant) and T. M. Smith (respondent).—This was an appeal against a fine inflicted in the Resident Magistrate's Court upon Mr. Longford for allowing billiards to be played m his licensed house shortly before five o'clock in the morning of the 15th August. Mr. O'Meagher appeared for the appellant, and urged certain grounds upon which the conviction should be quashed, but these were over-ruled by his Honor.— The evidence as taken in the Court below having been heard, Mr. O'Meagher submitted that the conviction was not supported by the evidence. He also raised several technical points, and quoted authorities to show that the evidence was insufficient. Ho proposed to call Mr. Longford in order to show that ho was ignorant of the game being played. His Honor said he was perfectly satisfied on that point, as he knew perfectly well that Mr. Longford would not allow anything improper to take place in his house, which was exceedingly well-conducted. The appeal was dismissed. In re John Clalker (appellant) and Robert Thompson (respondent).—This was an appeal against the sentence of eight months imprisonment inflicted upon John Clalker by his Worship the Resident Magistrate for having in his possession a still and other utensils for the purpose of distillation, contrary to the provisions of the Distillation Act, 1868.—Mr. O'Meaghar appeared for the appellant and Mr. Balmer for the respondent. After some argument, the evidence as taken at the Resident Magistrate's Court was heard. Mr. O'Meagher then raised an objection to the conviction on the ground of the Resident Magistrate having allowed evidence to be called after the case for the prosecution had been closed. A lengthy argument took place between his Honor and Mr. O'Meagher, his Honor sustained the conviction of the Court below. Mr., Balmer asked his Honor to make an order for the witnesses' expenses. His Honor granted the application.—Mr. O'Meagher then asked his Honor to make an order for the detention of Chalker in Oamaru until . such time as he could forward a memorial to , the Governor for a mitigation of the sen- , tence. His Honor said he had no power to grant such an order. In re Robert Keenan (appellant) and 1. M. Smith (respondent).—This was an appeal against the conviction of Robert Keenan by ' the Resident Magistrate of having sold cer--1 „tain alcoholic liquors without being licensed " so to do, and for which he was fined Lls. — Mr. Balmer appeared for the appellant, and Mr. O'Meagher for the respondent. —The evidence in the case was taken, and was to . the same effect as that given in the Resident 1 Magistrate's Court.—After argument on both Bides, his Honor said that he had come to the conclusion that the conviction must be sustained.—Mr. O'Meagher applied for costs, and it was arranged to settle the matter afterwards.