POLICE COURT.

Poverty Bay Herald, Volume XXXIV, Issue 10964, 6 May 1907, Page 2

POLICE COURT.

(Before Mr W. A. Barton, S.M.) . A fairly large amount of work that has ) accumulated during the Magistrate's ab- => sence m Wairoa last week was dealt with J at the Court this morning. 1 A young man named William Kortagast was charged with refusing to quit the Britsh Empire hotel on April 27,- Avhen re- - quested to do so by the licensee. Ac- , cused pleaded guilty. Detective, Maddern ti stated that accused was drunk and as he 1 would not leave a bit of a scufll ensued. _ — The Magistrate remarked it was very neces-ary that hotelkcepers should rid j their houses of drunkenness, otherwise -■ they.. would render themselves liable for . a penalty and' endorsement of their lic- ■_' ense. It; being accused's first ' offence,, a" r_ fine bf'fil and "fis costs or 48 hours' iitT- __ pri_onment was imposed, . _ A /-':■ ..j A first' offender for (.rumkenness. /JA-as c fined the usual 5s and costs. ' r ;"*. A charge of hawking without a liee'hsej m contravention of the Borough bye-laws, Avas preferred against H. G. Kilnen. Mr J T. Alston Coleman appeared on behah tj of M\e prosecutor, the Town Clerk, and "• asked thb't tjje information be Avithdrawn. ■* The bye-laws had only come into force **• on the day v m question, and defendant/liiid c since tak.fi ottt'a' license. It was clearly 8 . explained that "the practice must be dis- ° cOntinuei.. The information was with--7 -drawn by permission, of the Bench. •*■'' j Michael Mahon, aJ*oung man, was ii charged with .entering licensed premises, !--■*» the Royal hotel, during the currency of i: a prolu-ition ord*er. Mr G v Stock ap-t'-peare^for accused irnd entered a plea of J i , guilty,' and explained that accused went n into, the hotels to interview the foreman' y: of the contract on which -he was '-working. *' I — -lis Worship sjiid that he had frequentit ly adyised accused and had warned him :. that he liad no right to enter licensed premises on his last appearance m Co_*H. v A fine of £3 and 7s costs was imposed, m •. default 7 days' imprisonment. * ALLEGED THEFT. '* ._ A well-dressed young man* was charged j with having on April 7 stolen one gent's. 16 ; saddle, value £4» the* property of Frank j ., Dillon, of Blenheim. Mr T. Alston Cole- . man • appeared : for accused, who,^pleaded p ! guilty. Counsel explained that accused B . i had recently, come out from Home/and _ that he was working* on a property adjacent to informant's. He recently obtained a holiday and obtaining a horse a'l B " a barga^T,'■4le , took the saddle m. question, 5 " for convenience, as was customary on the "} statfoh.^ Haying no place to leave) 'pie ■» saddle at Blenheim he brought it on ' here, » c . Avhere he was visiting a, relation. * Since 18 his arrival here he „had, had met; with an acie cident and had neglected to return the t- property, althoujrfi -he I*had'1 * had' written to his V employer abc^^fe ir^atter. He submit- "" ted that it -vfas a case*! thoughtlcajness le an^that the Orovisions of the First-Of-fenflbrs Act be extended to accused. —

Detective Maddern stated that accused had denied possession of the saddle, and he tod not written to his employer.— His Worship ; considered the excuse a very lame one, but ___ did not' desire to send first offenders to' gaol when 'they had hitherto, held a good character. Accused was, remtfndejd until to-morrow for the report'of the probation officer. ALLEGED SUNDAY TRADING. •Lancelot Charles Allen, licensee of the Rangatfra hotel, Te Karaka, Was charged with selling liquor on nis premises on Sunday, March Mr G. Stock appear--ed for defendant,'* who pleaded not guilty. Detective' Maddern ' conducted « the pro--6ecution.-r-Bertram Bachelor, laborer, Te Karaka, deposed that he boarded'- at defendant's hotel on* Saturday night, March 23rd. 'He left the* following Tuesday. On the, Sunday m he purchased two bottles fit' yihisky from defendant^— By the Bench : You were still lodging m the' house? : Yes.— Continuing, ,-Witness said he paid 13s ;f^ He took the liquor, to Ids loom.'* He purchased the liquor about 10* or 11 o'clock m the morn- *"__•' He * eft the hotel a few hours later, aßbut 2 o'clock, taking the whisky with him. Witness went for a drive :: about that hour with a man named Grah_-m.— By Mr Stock : When he bought the whiskey he told the licensee he intended taking the whisky Up to the camp on Monday, morning and the reason lie wanted it then was because he was intending to leave before they were iip. The licensee told lum not to take the whisky from the hotel that day. He slept at the hotel Sa today, Sunday, and Monday nights, and had most of his meals there.

The witness denied that there was a trap waiting- at the door whilst he went and brought the liquor, and that he was told to'/ .hurrV off the "place. — Constable Doyle, Te Karaka," de_wsed 'to serving aefendaiuVwith' a summons re this ease. Defendant stated "that the last witness wa§* a lodger arid lie considered he *could serve him- with liquor. Witness replied that he could not sell two' bottles of liquor to take off the premises. Defendant said 1 Bachelor 1 was not' supposed to take the liquor off the premises until Monday morning, when he was leaving for tho bush before the hotel people were about. Witness pointed out that Bachelor did not go aAvay on Monday, arid the defendant replied "No, pot till Tuesday." — Tiie detective stated that there was one* otter witittess who was unable to* get down owing to the river being swollen,— For the defence, Mr Stock submitted that the evidence displayed no offence. ' Sub -section 5 of section 22 of the ' Act of 1895 read, "It shall be lawful for, but not obligatory upon, a licensee to sell liquor at any time to any person being really a lodger living or staying m the licensed premises, or a bona fide traveller seeking refreshment on; arriving from a journey, provided that the liquor sold is personally consumed on the premises by such traveller and by no' other person." Section 38 of tlie Lidnsing Act Amendment, 1904, repealed, the previous section "as far as the same refers to travellers."' Counsel therefore submitted it Avas quite lawful for defendant to sell liquor to a person living on the premises, and he had committed no offence m selling the liquor to Bachelor for -consumption on or off the E remises, as he was a lodger as defined y the A.ct. "A person avlio occupied a bed was a lodger. The sale was therefore justifiable. The Act was very clear, and was only repealed so far as it related to travellers.— Detective' Maddern said he did not intend to reply. He thought there was some -doubt as to the extent of the repeal. According to Mr Stock, a man might just as well be supplied with a barrel as a bottle of beer.— The Magistrate said he was of opinion that the law as it now stood permitted tlie sale, of liquor to lodgers m any quantity for consumption on or off the premises. He had simply to administer the law as "he foiwid it, and the information would be dismissed, as there was no doubt the Avitness was a lodger at the time.