RESIDENT MAGISTRATES COURT.

Oamaru Mail, Volume IV, Issue 991, 23 June 1879, Page 2

RESIDENT MAGISTRATES COURT.

<j> THIS DAY. (Before T. W. Parker, Esq., R.M.) James Walls, a young lad, was charged with driving an express across a level crossing on the Amberly-In vercargill railway, when an engine was approaching. Accused pleaded not guilty. Inspector Thompson prosecuted. Thomas Wildish, signalman at the Thames-street crossing, deposed lie remembered the Gth inst., and was on duty at the orossing on that day. Defendant was driving an express from the Post Office. Witness heard an engine approaching from Lees and Moore's mill. He called on defendant to stop, and walked into the middle of the road for that purpose. Witness asked him winhe did not stop, and he said there was plenty of time to cross. The engine was about a dozen yards from the crossing. His worship inflicted a penalty of 505., and said had defendant been a man he would have made the fine double that amount. SItY-GROU-SELLING. Margaret Pale was charged with selling a quantity of whisky to Jeremiah Kenny on the 19th June, contrary to the form of the statute in such cases made and provided. Inspector Thompson prosecuted, and Mr. Newton appeared for the defendant, and pleaded not guilty. Jeremiah Kenny, a storekeeper at Kakanui, deposed that he knew the defendant. He recollected the 19th inst. On that day he visited the house of defendant at about half-past 5 p. m. When he went there he saw Mrs. Dale and another female, and a man was also sitting before the fire. A man of the name of M'Fee was with witness. When he went in, he asked M'Fee what he would take, and he said beer. Witness also asked the man sitting before the fire to have a drink, and he had whisky. He also asked Mrs. Dale to have a drink, and she did sj, but he did not know what she had. Witness took whisky. He gave defendant a five-shilling piece to pay for the drinks, and she gave him half-a-crown back as change. M'Fee then "shouted." Witness asked defendant for a small bottle of whisky, which slie gave him, and charged hinj 2s for it, He " shouted " again before leaving the house. Before taking the bottle to th? police camp, witness went to the Queen's. Hotel and " shouted " for M'Fee. He identified the flask produced as the one he got from defendant by a mark he had put on the label. Cross-examined by Mr. Newton : So far as witness knew there were only four,

persons in the room. Defendant was only absent between three and four minutes when she returned with the flask of whisky. Witness had an execution put in his house lately, and a quantity 0 f liquor was seized. His object for laying the information was that he thou»ht Johns was the principal offender, and lie did not see why he should bo selling liquor without a license. Hugh M'Fee, a laborer, sworn, stated that he did not know defendant, but had seen her before. On the 19th June h e was in company with the last witness and corroborated the evidence given bv him. Cross-examined by Mr. Now ton : H e heard defendant say to Kenny to go to John M'Kay's and get what he wanted. Constable Joyce deposed to having received the whiskey produced from Ivenny, on the night of the 10th inst. W. G. Filleul gave evidence to the effect that defendant held no license for the sale of alcoholic liquors, from the district for which he was clerk. Inspector Thompson produced the Ota«o Licensing Ordinance. This was all the evidence for the prosecution. Mr. Newton raised two objections, oii C of which was that as no quantity was mentioned in the information, the case would have to fall to the ground. The case was then adjourned till Thursday.