POLICE COURT CASES.

Otago Witness, Issue 2102, 7 June 1894, Page 24

POLICE COURT CASES.

Labceny of a Saddle and Bridle. — Wm. Mason, a boy 12 years of age, pleaded guilty to stealing a saddle and bridle, valued at £2 10s, the property of William Cormack, at Caversham, on May 21. — Inspector Pardy stated that the boy drove away the prosecutor's horse, which turned np a few days later minus the saddle and bridle. The latter were subsequently found in the boy's possession. The inspector thought the case was one for the 1 Industrial School. — The accused was committed to the Industrial School accordingly.— The father of the lad was examined as to his ability to contribute towards the Jatter's support in the institution, but his Worship could not see his way to make an order. — Mr Gallaway stated that he appeared on behalf of the Society of St. Vincent de Paul, who asked that the lad be committed to St. Mary's Orphanage, Nelson. — Committed accordingly, to be brought up in the Roman Catholic religion. Committed to the Industrial School. - Agnes Kropp was brought before the court as being an indigent child, and was committed to the Industrial School, Tto be brought up in the Church of England faith. — Grace Forsytb, also an indigent child, was committed to the Industrial School to be brought up in the Baptist religion. The Licensing Act — George Robbs, licensee of the Pacific Hotel, King street, was charged with supplying liquor to a child named Queeny Metcalfe, apparently under the age of 13. — Mr Hanlon appeared for defendant, and applied for an adjournment till Thursday next. — His Worship pointed out that the Licensing Bench sat on Monday, and it would be inconvenient to grant the adjournment. — Inspector Pardy had no objection to the adjournment being granted, but stated that he would have to bring the matter under the notice of the Licensing Committee, and inform it that the case was pending. Mr Hanlon produced Dr Jeffcoat, who gave evidence that Mrs Metcalfe, whom Mr Hanlon stated was a material witness, was unable to attend through illness. — His Worship intimated that he would adjourn the case till Friday, June 8, at 10 o'clock. James Glossop, . licensee of the Sunnydale Hotel, North-East Valley, was charged with supplying Charles Smith, a boy apparently under the age of 16, with, liquor for consumption on the premises. — Mr Sim appeared for defendant, who pleaded not guilty. — Inspector Pardy stated that the defendant was a hotelkeeper at the North-East Valley. On the date mentioned there were a number of lads in the house drinking. One of those lads was under 16, and another — the one in the present case — was 15. It appeared th*t the lads were also supplied with cards, but they did not play for money, simply for amusement. George Smith, who gave his age as 15 on the 28th t>f last June, said that he went to the hotel on the night of the date mentioned, and stayed there till a-quarter to 9. Witness was with other boys. He waß supplied by Mr Glossop with two drinks. The first was a shandy-gaff and the second port wine and lemonade. They got the cards from Mr Glossop ; but witness did not know if he saw them playing. When they had finished one game Mr Glossop brought in drinks. The first drink was paid for by Frank Coombs, one of the boys ; the price of the second drink was made up amongst the lot of them. There were four boys.— To Mr Sim : One of the boys, Albert Parker, was 14. Witness would take him to be 15 or 16.— Albert Parker, son of William Parker, residing at North-Bast Valley, said that he with three other boys went into the Sunnydale Hotel on the night of the 19 bh. They went in to have a game of cards. They had two drinks each—shandygaff and port wine. The^fic»t drinks were brought in when they v?ere just going to play card?, anu tiiey drank the liquor while .^ftyjj- Vfere playing. Witness would be 15 next November. —To Mr Sim : Witness was generally taken to be 17 years of age. — To Mr Pardy: Witness was supplied without any question as to age. — Frank Coombs, son of John Coombs, living in the North-East Valley, gave corroborative evidence. Witness was 17 years of age. — John Forbes also gave evidence. Mr Gloßsop did not inquire the age of any of the boys. — To Mr Sim : Witness was 19 years of age. — This closed the case for the prosecution. — Mr Sim stated that the prosec .1tion was conducted as if the offence was constituted by the selling of liquor to persons under 16 years of age, and not with selling liquor to persons apparently under that age. The evidence placed before his Worship was that Smith would be 16 years of age in four weeks. There was no suggestion that he was young-looking for his age, and it would be simply absurd for his Worship, under the circumstances, to convict the defendant on the present charge. The lads came into the hotel, and defendant looking at them had no doubt they were all 16 years of age. The defendant would swear to that, and consequently he (counsel) would have to aßk his Worship 10 dismiss the case. The persons to whom the liquor was sold appeared to be of the, age of 16, and if his Worship had no reason to doubt this defendant was entitled to an acquittal. — His Worship observed that if the person to whom the liquor was supplied appeared to be over 16 there was no offence. — James Glossop, licensee of the Sunnydale Hotel, said that he was in the bar-room when the boys came in. They asked to be supplied with drink?. Witness did not doubt for a moment that the boys were all over age. — To Inspector Pardy: All the boys lived in the neighbourhood. Witness did uot take any steps to find out their age 3. Be had no occasion to do so. They all worked, and Smith, who worked on board one of the boats, was dressed as a sailor. This was the case for the defence. In giving judgment, his Worship said : The offence, as pointed out by Mr Sim, is in selling to a person apparently under the age of 16 years. There is no evidence before me as to whether the particular boy mentioned in the information (Charles Smith) is apparently under the age of 16 years or not. The evidence shows thab his actual age will be 16 years some day next month ; but the law would allow me

to judge whether in my opinion he was apparently under the age of 16 years. If the lad had been brought before me, and I had been asked the question whether he was over or under 16 years of age, I am sure I would not be confident in my mind which he was. I could not say he is not apparently over the age of 16 years. The case is therefore dismissed. A second charge was preferred against defendant of supplying liquor to Albert Parker. — Mr Sim appeared for the defendant. — His Worship inquired if the inspectorproposed to call evidence as to the boy's apparent age. — Inspector Pardy thought it would be useless to bring evidence as to the apparent age. If he brought six witnesses on one side the defence might bring a dozen to swear the other way, and the time of the court would be taken up to no purpose. He was of opinion, he might say, that as the boys lived near the defendant's hotel defendant should have taken some trouble to find out their ages. — His Worship said he agreed with that remark. — As the evidence went no further in this case than in the other one, however, the charge must be dismissed. He would like to add that if defendant allowed boys to go into bis hotel and play cards in his rooms he should scrutinise them closely and make inquiries as to their ages. —Mr Sim remarked that defendant was not far out as regarded three of the boys. — His Worship : Their ages were so close that he was scarcely justified in supplying them without making inquiries.