POLICE COURT.

Taranaki Daily News, Volume XXIV, Issue 81, 12 April 1902, Page 2

POLICE COURT.

Friday, Apiil 11th.—Before Mi-R. L. Stanford, S.M. ALLEGED SUNDAY TRADING. Stewart McGuinness, licensee of the > Muturoa Hotel, was charged with sup- | plying liquor on Sunday, March 30th, to others than travellers, and further with keeping tho house open for the' i sale of liquor on the same day. < Sargeant Haddrell prosecuted. Mr Weston defended the case. After outlining the case, Sergeant Haddrell called Constable Bufctimore, who said that he watched the hotel on the day in quest ion for tan minutes, and saw three people go in and six come out. Saw Honeyfield dtivo up and go into the note! wi'h the men from the cab. Witness then wsnt in and saw five people there, Messrs Leng and son, Butcher, Wilkinson, and R. Honeyfield. Butcher told him he had walked iu from Carrington-road. Leng said lie and his son had driven in from Rahotu, and had breakfast at the hotel at 8.30. R. Honeyfield Was sitting ■igainst the wall by the elide. Wilkinson said be came by the ITpolo, which arrived that morning. Asked McGuinness why he was selling liquor on Sunday, and he replied that he was supplying travellers from the boat. Asked Honeyfisli if he was going to /have a drink, and he replied that he had not asked for one. McGuinness came out of the bar and said: "To tell the truth I was going to give Honeyfield a drink after the others had theirs," adding that he did not consider the law prevent d him giving a mn like Woneyfudd a drink. Witness told MuGuinnets he had warned him before as to the way no was conducting t»>e hotel, and McGuinness admitted it. Witness said that the police had been mfoi'inwl th it on Good Friday peoplu were going in and out the hotel like on an ordinary day, and that there was drunkenness and fighting. McGuinness said ho knew there was fighting and he tried to stop it, and that ' tho (language of the men was dis- | graceful. Mr Butcher paid McGuin- : ness a shilling for the two drinks ' suppli«d. 1 To Mr Weston: The bar slide was opan. Was quite sure he saw liquor. . Two glasses of beer were passed out, . After McGuinness saw witness no mote ' was passed out. Went to the hotel tc • see that the law was observed, not tc get a conviction. To Sergeant Haddrell: When the man said he had breakfast at the hotel McGuinness replied that he was not aware of the fact. A. G. Butcher, school teacher a* Oaonui, said he slept at Vogeltown the previous night, Went to meet th* Upolu and subsequently with Leng and others drove to the hotel. Leng ordered tho drinks which were served through t the slide just as the constable came in - The constable inquired of all present ■ where they came from, and took dowr [ their names, Corroborated last wit n' ss as to what took place subsequently y Was cot per.-onally. asked by McGuin s net s whether he whs a traveller. To Mr Weston: Considered Mc j Guinness thought they were travellers . Did not think Honeyfield spoke til i the constable said, " Where's youi ■ drink, Dick ?" whence replied, " I an | dry." John Leng, a butcher at Rahotu said he came from horns to New Ply mouth late on Saturday night with hii boy, and on Sunday morning went bj the 'bus to the hotel about 25 minutei to 9, and had breakfast. Had n< liquor there. Went to meet a irienc j. coming by the boat, and subsequently with Butcher and Wilkinson went t< t the hotel and asked for drinks. Mc j Guinness asked if fhsy wero travf-l'crs and witness replied in the affirmative and the drinks were supplied. Honey field was not invited into the ho'f I either by witness or Butcher. Did no 7 have time to order a drink for Wilkin son before the slide was shut down. To Mr Weston: Both Butcher aw j himself considered they were entitle ] to a drink as travellers. Richard Honeyfield, cabdriver, eai< i he drov.i Leng and Butcher to thi hotel. Got off the cab and went int< j the hotel. Had occasion to see Me t Guinness about driving him to th< station. Was not asked to have i s drink and did not have one. j Sergeant Haddrell said he was satis 3 fied Butcher was a bona fids traveller but was not entitled to call for a drini j for Leng. Mr. Weston submitted that the cast s was " close up," but was not on 9 for t h conviction. On the second charge b< ' contended there was no exposure foi ' sale, the elide being only opened foi [ the purpo3e of supplying the twe [ drinks to travellers. As to thequeatior I of an illegal sale, the police relied or , their contention that Leng was not s I traveller. H6°submitted that McGuiu nes3 did not know Leng had breakfast at the hotel; also that reasonable inquiries wore made by the licensee before the liquor was supplied. Lang's journey, h>.< contended, was continuous, With regard to the point of Bu'chet paying for Leng's drink, it was not n caaa of shouting, as payment was made • after the drinks were supplied, and wa; matter of account as between Long i and Butcher. ; Sergeant Haddrell replied to the effect that it was inmaterial who pud i so long rs money passed. He conteni ded that it was not sufficient for the ; licensee to p.sk " are you a traveller V > and quoted cases in support. > His Worship considered the case : was one of fair dealing all through. 1 The only questions were (1) Was Leng a traveler ? (2) the question of • payment. He ruled that Leng was a ; traveller, a reasonable interval having i elapsed since his first visit to tho hotel i for breakfast, and the subsequent return for a drink. The question of payment was an exceedingly technical one, I and it would be very hard to convict, as (both men took out money to pay. Both cases were dismissed. OFFENCES UNDER TtlE STOCK ACT, Samuel Barriball was charged with having on February 21st branded eleven rajis, the property of Jesse Hills, of Stratford, with the figure " 5," being the registered brand of T. F. Wheeler, of Inglewood. Mr Rowan prosecuted and stifcrd that he found 11 rams markfd with the brai d in question at the Waiwakaiho yard?, and had been informed by Mr A'es. Colson that defendant had branded the rams. G. Street stated he saw thu rams in question at Wrtiuakaiha yards and understood Barriball hud shorn and marked them. Tho brand in question was one that had been us'sd in i.he yards as long as he cou'd remember fur branding cattle sold, Alex. Colson said he employed Barriball to shear the sheep and put some sort of a mark on them, but did not authorise him >o put the figure 5 on. Could not say who put. that brand on. His Worship: You must not use

that brand aoy more, but s.me uu- j registered brand instead. I On the advioe of the Magistrate the I case was withdrawn. j Mr Hughes applied for costs, but theft Magistrate declined to comply with the 1 request. x Richard Burke, of Mangatoki, t pleadsd guilty to exposing for sale 190 ( sheep f»t the Waitara yards, on Feb- I ruiry 28th, affected with lice. _ I 1 1 Mr Rowan stated that he did not . ' wish to press for a havy penalty as the ' defendant showed every disposition to ( comply with the Act and luve the [ sheep dipped. His Worship imposed a fine of 10s ( and 7e costs. _ ' A. Southey Baker was charged with , ' f iiling to brand 34 sheep forthwith i after shearing. There was another | 1 charge in respect of 36 sheep. Mr Rowau prosecuted and Mr Baker ' conducted his own defence. 1 After heariug evidence on both sides, His Worship dismissed the cases on ; the ground that the information was 1 laid too late. 1 Mr Baker's application for costs was ' refused. ' incoebioible boys. Leo Vincent Sifflett and Charles 1 Ernest Harvey, two small boys, were charged with breaking and entering Mr. Healy'a premises sad stealing J therefrom two bottlts of lemonade, valued at sixpence, the property of r - J Hoaly. , 1 Sergeant Haddrell siid the boys hau I a very bad character and it was poswible other cases might arise. P. was | uo usa sending (he boys back to tht-ir parents as they had no control over theni. It was also likely the bojs 1 would clear out if they wera sent 8 home. 1 His Worship remanded the boys in | custody till Tuesday, with instructions to the gaoler to keep them apart from the other prisoners.