Police Court

Southland Times, Issue 19103, 21 July 1903, Page 2

Police Court

■-;'■■■ Before 3JLr Sp. E.^3JcCa]rtiiy; 'A:-- ■-■■: ■■:'. ■'i.imbHjm«yrflg^--;;.4yii.ii >'■ ■;' ,' Prohibition ' ordera werfesissuodi; ncui nst Thouitta Lockerbie and William MvLcan, niariiier. ,i^-^-< : '- - ; r. -^.y.:.- ,-' . ■;..r\^ n L-^- ■-.'•■ ! ' V> ■■■;'•■ ■-^ -w;DRUM£ENNESS^V-,V.V:-, ■ * '" ■ i~ Peter -Mclvuy- pleaded Ruilty to ijeing di-unk whilQ in charge of a horse.— Tho Jnapector . asked 'IHs Worship to trts»t this qffenco as nnuchi jnoro serious than MWple rdriuikennQSs. as.- ther^was irreatwHnianger >tp the piiblic^Fiifbd >£& and •..costs..-'. ----.j. ■'■-.-'.: . '••. -.:■■' s ■<■'■-■ : -.-:- .■■■■■-. JtLEG At POSSESiSION OF-T?ROUT? Edwin IJastings >-as charged on tho information, of Sergeant Bowden with having ttijtout, in hia_poasessiot\ on i9th June., .belng"' the close -se^ison. Mr 1 Stout for- defendant,, admitted tho charge, awl explained . that ■ iUastings Hitad , been nsked by a friend if h& •would accept -d trout anil, not .-.'thinking? at the moment of ''.tlio.piose season;^ he^afi^Rt^-; ife ;(ivndV W nt his niaa. for. ,Hi He had carried* it bppn* ly edpixa t,ho ; street,; * vthis'^ejcyiunation haying - beeu J at ;^b% tinio -io .tho cohstablcvQSr *Stout;consid« > r i Rd j that justice, would be satisfied by th'p lniniinnnn penaJty. Mr Kussell, ipr jnfornjant, ad-» iijitifed the facts Xl \vere substantially aif plated, tout disagreed with tho t-ctjueaf

for tfce minimum penalty. It was mainly because of the sanction accorded by 'townßpeople to a disregard of the close, •frfcson that immense damage was done to the interests of acclimatisation, and difficult work placed on the shoulders of the Society. Uven ignorance of the law - would not justify the offence being: comsidered a light one.— His Worship inflicted a fine of 40s ; costs of Court 16s ; solicitor's fee, £1 Is. - : THE MOSSBUKN , LICENSING CASE. The adjourned hearing of . the informa-* tions against . Archibald McCaughan, licensee of the; ' Railway Hotel, Mossburn, charged ' with' selling liquor to per.,sons • already/,.; in ; . st> state of. intoxication, viz., 'J. ; :;Gor&ett :• audrr' T. Barnott (de-ceased),-Wasicresuined. Inspector Mitch- , and, Mr J. Llacalister ■:■'•■ •/i-ajlTS^yideiice'.-ior the prosecution was /mucfr'dh" the 'lines of that previously "published. - Mr Macalister cross-examined as to the indications of the horses hav--'fug-"bolteQ," and thrown the decejised out of the cart. One of the gftteg leading to Keiii'a farm had been forced 6p'«ii tho wrong way, the contention of toe piosecution being that the deceased had opened it, or that the horses had pressed it open.. r the arguing that it was a proof of the bolt - haying taken' place. For the defence, 'Mr .Macalister n.ised a technical point . that the- district had not been proved. (His Worship .reserved the -point). Continuing, :Mr Macalister said that in a case of 'this sort the licensee was fortunate, in' xiew of the- usual; surmises of the pubv He; an haying. a judicial enquiry into the ■■■'^ffeple of ,the . circiimstancesv There was : n6;^ouDt^ ,tliat r the -'enquiry at tlie Coroner's.Court v,-; :Wfts' .. iis: full *asi 'circuin-: stanees?*6pld ;permit, . and although thd« Court'was not b;6und' by. the finding of ■ the jury,/ ihelr" verdict,; as-the view* 'of •■ •reiasbnable.:' '^sensible* inen,.^- might be " • taken -as ;ia^ fair criterion. " The verdict .w^Ktba^^^Ho flattie was > attachable to abjr^bne.^-'rhe": defendant was ervUt^ led- to '•■; in- that he. could . not : 'i^y&^anticip>ited that the men, nfter -b'eing^siaiVeu e in" the morning, would have r.retiurn^i;:to the hotel during the day for •;ittpre liquor- TjVhen he returned ho clos'^ed^'up " the bar> showing that he had every desire to comply with the law. and that he did not wiah to onake anything out of the men by allowing them to remain, about the hotel and waste their time; The Court would, be puided purely and simply by the evidence, which would prove -that- the men left the lu»-----tei in a- state" i consistent -with sobriety .' ahd^roprietyT' : 'THe? accident to Barhettf resulting in his . death, was very sad; : and - none :" -regretted it more si neerely than defendant. The question for the - Cpni*',t .^6 w'eveJF^iyiFSX' -,> v nether : lCc>rJ>et t abfl^'Banie€t" ri wer'e * in. such a v state of intoxication when:, they left the hotel as . " t6 /warrant the 'Jtlourt coming to the conclusion : J- that , they were intoxicated "■''■wrnen? firSb ?swppsie^.^ > Evidence- liaH-' 'albeeiF: : given that the men; were apwarently sober when they left the mil- - way- yards for home : this was deposed-tb•-by and disinterested; witnesses._No t ;i ! eliahce iSfouJcl be'-ljlat^a aon - tJorpfeWs ;as his statements made at the; coronial "tod this inquiry varied materi-: .■aiil^i;-; - ; As to il =•;■•. -Mr-^Meid,- the employer,; j 'cwnsel asked : the Court to conclude that" vKe^W^ -jaot witness, .aiid^not Xlttclln*di~t<>l '.tell.- th«j .^holessCdry.^HeJnad thai his horses ever had run away^ but had Tindex crossreXAmina-tioflL-I ad^nitted that such a thing did; taße? J 2placetV:-Gb'onsets:6h6rtly -referretl to the Various law -noiuts: involved, and concludod by"?isabiMitting" that defendant was to dismissal ou the cvi- . j;'dence'.', : '-T' : , . * ■■-■ ■ ■'■-■■ ■"■' - : A few witnesses were called,, the' case adjourned till" 10 a.m next day. \