RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume IV, Issue 1127, 28 November 1879, Page 2

RESIDENT MAGISTRATE'S COURT.

YESTERDAY. (Before T. W. Parker, Esq., R.M.) SLY-GROG SELLING. Bridget Dian was charged with having, on the 11th instant, sold to one James M'Fetrish two glasses of beer, she not being a duly licensed person for the sale of such liquor. Inspector Thompson prosecuted, and Mr. O'Meagher defended prisoner, who pleaded not guilty. Thomas Henry Welsh, sworn, said he knew M'Fetrish and. the defendant. On the 11th instant he went into Dian's Harp of IJrin boarding-house in the afternoon. M'Fetrish entered the house first, and he followed in about two minutes. M'Fetrish asked for two drinks. Defendant asked them what they would have. Witness said beer, and M'Fetrish said the same. Defendant then went and got the drinks, and returned with them and gave them to the witness and M'Fetrish. The latter then gave her a shilling, saying, "Now I give you (defendant) my bill." Witness then walked out. In cross-examination, witness said that M'Fetrish gave the shilling into defendant's hand. He could not describe the room. He had been walking up and down the street several times when M'Fetrish came up, and .told him he was going into the house. James M'Fetrish corroborated the evidence given by the previous witness. Mr. O'Meagher cross examined the witness at some length, and the case was adjourned till this morning.

THIS DAY. BREACHES OF THE BYE-LAWS. John Harvey, for allowing three horses to wander at large, was fined 9s ; John Lewis, two horses, 6s ; Robert Blair, one horse, 3s; Thos. Lees, one horse, 4s; Samuel Smith, one horse, 3s. SLY-GROG SELLING CASES. The charge against Bridget Dian was resumed this morning, when Mr. O'Meagher called Mrs. Dian, the defendent, who deposed that she had known M'Fetrish. for about 12 months. About a fortnight before the 11th inst., M'Fetrish had tea in her house, for which he did not pay. He said lie would pay when he came again. When he came on the 11th, Mary Hurley and witness were in the yard washing. He left Welsh in front of the house in an express. He said that Welsh had not done any work for the last six months, and he would be thankful if witness would let him have a glass of beer. She complied with the request, and also gave M'Fetrish a glass of beer. M'Fetrish was inside the house, but Welsh never came in at all. M'Fetrish followed witness to the kitchen and gave her a shilling, and she said, " Thank you, Jim, that is for your tea." Ho made no reply. When Welsh had drunk his beer he walked away. M'Fetrish did not draw Wesh's attention to the payment of the shilling. M'Fetrish gave witness a bill and asked for payment of it. She said she could not pay, and he replied that he would summons her. When he was going away he said, " I have got you now." She replied, "Oh ! no, Jim, that is for your tea." He told her to go inside, and used some very insulting language towards her. She did not express surprise when she received the shilling, as she knew it was due to her. Cross-examined by Inspector Thompson : When asked by M'Fetrish for the beer she understood he asked for it as a free gift. When she went for the beer she left the informers together. Mary Hurley, a servant in the employ of defendant, gave evidence to the effect that M'Fetrish had been in the house about three weeks previously, '.nd had tea. He did not pay for it, but said he would do so when lie came again. M'Fetrish was at the house again on the 11th instant, and asked for some beer. This was given him, and he gave the defendant a shilling. Defendant said, "Thanks, this is for your tea." Welsh during this time was outside, and could not have seen the money pass. Cross-examined by Inspector Thompson, witness said she knew that all this happened on the 11th instant because Mrs. Dian told her so. She told witness this within the last week. Mr. O'Meagher said he did not deem it necessary to call any further evidence. His Worship reserved his decision.