RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume XIV, Issue 4541, 3 December 1889, Page 3

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before H. A. Stratford, Esq.. R '*.) BREACH or THE LICENSING ACT. W. D. Eitbur was charged on the information of Sargeant O'Grady, with sell* log ono gallon of hear to Jane Liwaou, tha same not being bottled or cip- | soled. | Sergeant O'Grady conducted the pro- \ (ccutiun, Mr Newton defending. 1 ha defendant pleaded not guilty. I Alex. Ciarke employed by the defendant, said he called at the hou.te of Jane | Laweon for orders on the 25; h November. Witness waa a3ked to procure a keg cf beer from the Waitaki Brewery, tendering at the same time 10.3 for the beer and Is for c ist of carriage. Mrs Law3on said she had no one to send for the beer, and that was her reason for getting it through Mr Esther. Witness Instructed the lad in the shop to go to the brewery for live gallons cf besr bnt did not send the money. The boar was charged by Mr Williams to the defendant, thero being contra accounts between them. Ho did not instruct the boy to state that the beer was for Jane Lawaon. This person had credit at the defendant's store at timES, but the beer in question had not been charged against Lawson.

Io answer to Mr Newton, witness said Mr Ether's c«t did not deliver the beer, as it was iu the country that day. There would be no profit whatever made by tbe defendant on the beer sold to Liwson. Jane Lawaon said she remembered the former witness coming to her house for orders. She asked Mr Clarke to send her five gallons of beer, when ho replied that he would ask Mr Esther, and if it could be done it would be seat. The beer was delivered in an express. She gsva Mr Clarke 103 for the beer alone, bat the other goods ordered at the same time were not paid for. She had an acconnt with Mr Either at times, but when ordering beer she paid cash, and on this occasion she gave Mr Clarke 10j. In answer to Mr Newton, witness eaid she forgot she save an additional la for express hire. When ordering the beer she stipulated that it wa3 to come from Sir Williams' brewery. I This closed the case for the prosecution. For tbe defence, Mr Newton called the defendant. W. D. Esther said he procured the beer from Mr Williams to oblige Mrs Lawson, but he did not get a single 6d profit from tbe transaction. In answer to Sergeant O'Grady, witness said tho beer was charged to his account by Mr Williams. He had on former occasions procured beer for Mrs Lawson, but there was no charge made in hiß books against her for it. The price charged by plaintiff for it was 2a per gallon. He did not know the name of the expressman. W. T. Williams said he sold five gallons of beer to the defendant on the 25th November, and this was charged to him in the usual way. In answer to Sergeant O'Grady, witness aatd he had no personal knowledge of the transaction beyond seeing five gallons charged to tho defendant on that day. There were, he believed, two five-gallon kegs charged to the defendant on that date. He had never sold beer to Mrs L*wson that he was aware of—at anyrale, not on credit. He did not know who took the beer away that waa charged to Mr Esther. His Worship reserved judgment until to-morrow. SLY GROG-SELLIXO, Jane Liwaou was charged, on the Information of Sergf. O'Grady, with selling one glass of beer to Charles Limb on tho 21st September, she not being a duly licensed person. Mr Harvey defended; Sergt. O'Grady prosecuting. 1 Charles Limb said he wan at the house' of tho defendant on the 21st September about 4 p.m. There were present Kate Selrs, Bessie Barratt, Mra Condon, defendant, and witness. Tbe defendant asked witness to shout, which he did by giving her 2* Gi, and four glasses and one of whisky were brought Into the kitchen by the defendant. In answer to Mr Harvey, witness said he was staying at Mrs Lawson'a for some weeka, during which time he was working for tbo defendant. Mr Harvey: Is it not a fact that yon were loafing on her? Witness: No, it is not, and yoa cannot prove me a loafer, Mr Harvey. Witness continued : He was not badly off when he went to Mra Lawson'a. The caat ho had on was given him by William Winchester. He left defendant's because he had work to go to, and not because he had a fight with Mrs Condon. The police could not say his reputation was a bad one. Sarah Condon, nurse, said she was at the defendant's house on tho date in question, when a quantity of drink was supplied and paid for. This closed the case for the prosecution. The defendant (Jane Lawson) Bald she was not in the room mentioned by the two former witnesses as she was at tbe time ill in bed. She never knew the man Lamp to possess a penny, and witness gave the man the coat he wore, and provided for him for a time at her place ont of charity She was obliged to send him array because of his quarreling with Mrs Condon. She did not see a Mr Clarke in the house on the day stated, and she bad never sold drink to anyone in the houso on tbe date in question. Bessie Barrett stated that Limp had no money while staying at Mrs Liwaon'a, nor did she see any drink sold. Catherine Sayers and Margaret Martin swore that no drink had been sold in Jane Lawson's house on the date mentioned. Sergt. O'Grady, called by Mr Harvey, said the witness Condon was a woman of drinking habits. The witness Lamp did not do much work, and he might have admitted to counsel that his character was not a good one. Daring the time mentioned he had lived by soliciting prostitution on behalf of certain women. His Worship dismissed the case, remarking that however untrustworthy the evidence for the defence might bo that for tho prosecution was still more so, the witnesses Lamp and Condon being of bad repute.

J*ne Liwdc« wis farther charged with selling a slnsi of beer to Alex. Olarke on tbe 21at September laat. The defendant pleaded not guilty. The hearing of the case occupied all the afternoon. After hearing the evidence oalled on both sides, hia Worship dismissed the case, and orderad Sargt. O'Grady to proßecote Sarah Condon and Charleß Lamb for wllfal and corrupt perjury.