RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 498, 3 December 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (13efore T. W. Parker, Ksq., R.M.)

SLY-GROG .SELLING

James Robertson was charged on the information of Robert Evans with having, on the 22nd November, sold two glasses of beer and two glasses of porter, not being licensed so to do. The defendant stated that he was drunk at the time and knew nothing about it.

Mr. O'Meagher, who appeared for the prosecution, said it would doubtless be in the memory of his Worship that about two months ago Mr Robertson appeared before the Court charged with a similar offence, and was, on the evidence of Donaldson and Stock, fined Llo; but the defendant had appealed, and Mr. Justice Ward had quashed the conviction. He would impress upon his Worship the necessity of imposing the highest penalty the law would allow, viz., LSO, in order to put a stop to this practice. Ho would also request his Worship to ask whether the defendant had any witnesses to call.

The defendant said he had no witnesses to call as there was no one in the house at the time.

Robert Evans,' labourer, residing at Oaniaru, deposed that lie knew the defendant. Ho remembered the 22nd of last month, and was in defendant's house with Diin Lynch on that day. He went to Robertson's and asked for a long drink of beer, and Lynch had porter. Witness gave Robertson a shilling. It was at the Clarendon Boarding-house. Lyneli " shouted" afterwards, and he (witness) saw Lynch pay for the drinks. Diiniel Lynch, groom at the Empire Livery Stables, deposed : He know the last witness, and lie also knew the defendant, He went with Evans to Robertson's house, and had a couple of drinks. He did not give defendant any tiling for the drinks. Evans shouted the first drinks, and be (witness) shouted the second. He had not told Sergeant Boattie that he had paid Is. for the drinks. He would swear that he did not sue Evans give defendant any money. To the Bench : He had seen defendant since and spoken to him. Mr. O'Meagher considered there was sufficient evidence to ask for a conviction. His Worship said it was evident that the defendant kept beer on his premises, and although the evidence of Lynch was unsatisfactory, there was no evidence to show that defendant did not sell the drinks. The expression "shouted" was a colonialism, the meaning of which could be taken in no other way than that the party who shouted was supposed to pay for the drinks. The only conclusion lie could arrive at was that the evidence justified a conviction. Ho would impose a fine of L4O. The amount to be paid at once or three months' imprisonment. After the hearing of some civil cases the Court adjourned.