MAGISTRATE'S COURT.

Oamaru Mail, Volume XXXVIII, Issue 10515, 25 July 1910, Page 4

MAGISTRATE'S COURT.

(Before Mr T. Hutchison, S'.M.) A CASE DISMISSED. John Butte was charged at the Magistrate's Court this morning with keeping liquor for sale at the Alliance boardinghouse in a no-license district. He pleaded not guilty, and was defended by Mr i.Ongley. : ; i, " Sergeant Stagpoole said that from observations, of the house on two Saturday ■ nights it was obvious that liquor was drunk there. . Therefore on Satur- ' day, July 9, they executed a search warrant on the premises, and the state of things- disclosed was disgraceful. There ;w.ere about eighteen men in the bar, "and some of them were drunk. The defendant was behind the bar busily serving soft drinks, so he said, and behind ; the bar, also were empty whisky bottles. The bottles w-ere all of the same brand, and some of the men in the place had in their possession unopened bottles of whisky, with the tissue paper still round them, as if they had just been taken from a case. Constable Macartney said that, in company with Sergeant Stagpoole and other constables he executed a 'search warrant for liquor at the Alliance boardinghouse. Witness saw a number of men showing signs of drink in the bar, and some men in the room behind the bar, two of them drunk. On searching for liquor they found five empty bottles and another bottle with a little whisky in it. When they went in first, defendant came out and read the* search warrant. Then he wished to search them before they : searched the house. The "soft" drinksincluded soda w-ater, lemonade, Shand's beer, etc. All the empty bottles they found were of the same brand. To Mr Ongley: Witness knew" from hearsay that it was a custom in Oamaru to take liquor into such places as Butts' and get glasses and sodawater to mix with the' drink. To Sergeant Stagpoole: He did not know that this alleged custom was to be taken as a serious fact. Constable M'Gregor said that he took the names of a number of men in' the bar. One man had two bottles of whisky—one unopened and still having the tissue paper wrapped round it, and the other half full. Both were Dewar's whisky, the same brand as the empty bottles found. In the back room he found two other men, each having a bottle unopened. Witness asked them where they obtained it, and they replied, ''That's for you. to find out." Butts said that the bottle w T ith a little whisky in it belonged to a boarder in the house. ,: ■-.- Constables Creelman and Langmuir also gave evidence as to the state of affairs on previous Saturday nights when there had been much drunkenness about.

Constable Bryant said that about 11.30 o'clock on the Saturday night before tho raid he saw about ten or twelve men come out of the Alliance, and a number of them were imder the influence of liquor. Constable Hollands also

gave evidence. This concluded the case for the prosecution.

William Brown, cook at the Alliance, said that the bottle with a little whisky in it belonged to him, and he put it under tho bar. To Sergeant Stagpoole witness stated that he got the bottle on the same evening as the raid from a friend of his, Mr Burke x His Worship commented on this witness' evidence that he had told a very flimsy story. Harry Burko, who was staying at the Alliance Hotel at the time"-'of tbe raid-, said that the _ bottle with a little whisky in it belonged in the first place to him, and he gave Brown a share of it. Brown wrote the names "Burke and Browii ?J on it at his request, so that they might claim it

Defendant, in giving evidence on his own behalf, also said that the bottle belonged to Burke and Brown, and was placed under the bar by Brown. The empty bottles found by ! the police were left there by men who had come in witli their own whisky and had glasses and ginger ale. His Worship warned defendant in regard to the evidence of drunkenness about the house. "So long as that occurs," he said, "you will be raided by the police." Defendant: But I cannot choose my

customers, your Worship. I make a bare living. His Worship: But if your house were licensed you would lose your license. It is not to be thought that you will be allowed to carry on in a manner you would not be allowed to if the house I were licensed. -Mr Butts' evidence concluded the case for the defence. His Worship: Well, I give you this warning. -I am not going to' convict you this time, but so long as there is drunkenness about your place, and especially if the 'men drunk are boarders, there will be suspicion attaching to vou and you will be liable to be raided. The ■information will be dismissed.

" ON THE RAN-TAN." Three young men, Charles M'Donald Henry Bechan, and James Kean, wer< charged on six informations with wil fully damaging property, to wit fences the property of various persons. On< information was withdrawn bv tlu police, and to'another the defendant: pleaded nat\ guilty. Mr Ongley appeared for the defence and Scr'gcani Stagpoole conducted the prosecution. The Sergeant, in stating the case, said that defendants, according to the statement of one of their number, had been '-on the ran-tan." They had consumed a bottle of whisky and then gone round town pulling down fences. Alexander Wallace Murdoch said that he h?ft his residence about 10 o'clock on Saturday night and was away about 20 minutes. As ho went away he heard some men coming up llibble street shouting and calling out. • When he got back his fence was down. Martin Petersen, who was with defendants until about 9 o'clock, said that shortly after ho left M'Donald and Bechan on the corner of Kibble street he heard the crash of a fence falling. Further evidence as to M'Donald and Bechan being in the vicinity of Ribble street was given by Thomas Johnson, William Roxburgh, and William Vine. Mr Ongley submitted that there was no case to answer, but his Worship'did

not consider this was so in regard to M'Donald and Bechan. Henry Bechan, one of the defendants, in evidence, said that they did not pull down any fences in Ribble street, but in cross-examination by Sergeant Stagpoole, witness admitted that he had not a very clear recollection of the night's occurrences. His Worship convicted Bechan and ' Macdonald.

To live other charges of pulling down fences, Bechan and M'Donald pleaded guilty, while the charges against Kean were withdrawn by the police. His Worship remarked on the larrikinism which constituted these offences. He. also commented severely on the action of Bechan, who had endeavored to bolster up a plea'of.not guilty by giving evidence on matters of which he had no clear recollection. As he was led to believe defendant was not.as capable' as he should be for his years, he would not be sent to goal, but both he and the defendant M'Donald would be fined £1 on each of five charges, and also ordered to pay damages and costs, in default two weeks' imprisonment on each charge. If they came before him again on such charges no, leniency would be extended to them. • I

[ . Defendant M'Donald was further charged with drunkenness and using obscene language.. To the first charge he pleaded guilty , and Was fined- 10s and 7s costs, in default 48 hours' imprisonment; but.to the second charge he entered a plea of-;not giiilty and was defended by Mr Ongley. After hearing evidence, bis Worship dismissed the information; MAINTENANCE: v ;.. Robert L. Waterworth, on a charge of failing to comply with an order for the maintenance, of his wifey to | appear iii'eonrti : Ho was convicted a*d ■•snnteijced'-. to one month's imprison? .life ut ;; with hard labor-. '" . ' ;{ .:•>■■>