PATEA S.M. COURT

Patea Mail, Volume LIII, 15 April 1932, Page 2

PATEA S.M. COURT

ORDINARY MEETING. The ordinary monthly sitting of the Pa tea S.M. Court was held on Thursday before Mr. J. H. Salmon, S.M., when the following cases were dealt with:—

ALLEGED THEFT. Rahira Broughton was charged with stealing a pair of trousers on March 31, the property of one June Wiki. Defendant pleaded guilty. Constable Kelly stated that the plaintiff visited Joe Tairoa at Patea and put his trousers in the bathroom, and on returning could not find them. Witness interviewed the accused and found the trousers in her whare. She admitted taking them. In reply to the magistrate, accused said she did not know what to say. She had never been in court before. She was 22 years of age and married. Her husband was doing nothing. She did not know why she took them. His Worship said he would not impose any term of imprisonment, as it was accused’s first offence. She would be convicted and ordered to come up for sentence within 12 months,,

LICENSING ACT PROSECUTION.

Wilson Owen was charged with being found on the premises of the Albion Hotel on March 17 last at a time when such premises w r cro required to be closed.

Robert Louis Prouse was also charged with a similar offence. Mr. R. C. Rutherford. LL.M., appeared for the defendants, -who pleaded not guilty. Constable Kelly stated that on the date in question he was standing on the main street near the hotel at 10.15 p.m. A man came out of the back of the hotel singing. Witness entered the hotel and on going upstairs to the sitting room found the accused there with a glass in front of each which had contained beer. A boarder named Turner, who was in the room, stated he had purchased the liquor for the accused.

To Mr. Rutherford: Turner stated the men had come up to talk business with him. The accused did not state they had been in the room some time. The licensee said she had supplied the drinks to Turner. Witness did not give accused to understand there would be no prosecution. 'Witness told accused Prousc that he would be summoned before the summons was issued. R. L. Prouse gave evidence to the effect that ho went to the hotel at Turner’s request to talk business with him. Witness explained that Turner and he wore mates and he had informed witness that his brother had thrown up his job at Podding and suggested that witness apply for it. Turner was in bed and witness sat on the bed talking to him. He got up and put his trousers on before witness left and said, “Como on, let us have a drink before you go." Witness was with Turner for some considerable time. Witness told the constable why he was there.

To Constable Kelly: Ho wmnt later to the hotel because he generally had a read and a rest after tea. Witness could not say why he had not gone earlier. Witness did not contradict Turner when he said witness had only been there half an hour. Turner at present was in Sydney or Melbourne. Wilson. Owen said he had gone to the hotel with a room mate named Bartlett. The latter had gone up to Turner's room with Bartlett, who had business with Turner. He had only one drink, which was paid for by Turner, who was a boarder. The man who came out of the back door singing was not one of witness' party. To Constable Kelly: Witness went to the hotel about 10.15. Witness remembered the constable remarking that it was a late hour to interview a per-

son for business purposes. His Worship said the parties probably knew that if a constable found persons in an hotel at hours when the hotel should be closed it was his duty to bring the parties before the court to explain why they were there. People were also aware that a boarder was allowed to treat his guests, and this was often brought forward and used as an excuse for persons being found on licensed premises, and the courts wore getting rather tired of this defence. He was not prepared to believe the story of the accused who, in his opinion, went to the hotel to obtain licpior from the boarder. The court had held that if a person docs this he is liable. Defendants would each bo fined £1 and costs. CIVIL' CASE. Judgment by default was given in a case E. Lauert v. P. Marsh, claim for 11s Cd. JUDGMENT SUMMONS. Farmers’ Co-op. Society of N.Z. v. Tommy Broughton, claim for £2 7s 3d. Defendant stated he milked 50 cows on a freehold property at Otauto. Witness had not had enough money since February last to pay the account. To His Worship: He had just about signed orders for all his milk cheques in advance.

His Worship said he would give-deb-tor till the 22nd to pay the amount, or in default IS hours' imprisonment.