MAGISTERIAL.

Timaru Herald, Volume CVII, Issue 16717, 20 December 1918, Page 11

MAGISTERIAL.

TIMARU, THURSDAY, DEC. 19. (Ccloro Mr V. G. Day, S.M.) LICENSING CASES.

•John Roilly, of the Dominion hotel. was charged w.th having sold liquor after hours on November !). He pleaded not- guilty. In connuolion with this ease J*. Littlejohn and J. Knott, who admitted the offence, and a third defendant who pleaded not guiltv, wore charged with having been found on licensed premises, after hours. SMil>-Jns|>ectv>i- H.istin prosecuted. Mr Raymond appeared for all the defendants.

Sen-or-Sergeant Egan said that on November 9 at UUS p.m., he and (.instable Fraser had gone to the Dolr.n'on hotel, and found the licensee hi hind the bar. and three men in front "I it. There were three glasses, each half tilled with, heer, on the bar counter. In reply to a question bv witness the licensee, sad that the three men wore not boarders. One of the men said that he had gone to see the licensee on bii.a'noss but the other two - iU '° no explanation. There was s>s 6d on the reunter which noliodv claimed Constable Eraser gave corroV.rativv evidence.

Mr Raymond said that the men had entered the hotel of the r own accord, and had opened Uio bar door. This could not be held to be exposing l'f|iio>; lor sale. .\ s the drnks were supplied by one of the party, Mr Reillv could not be held responsible for that. J. Redly said that when the police entered the hotel lie was in the front room with his wife and lis brother. The men had not asked witness for drinks, and they had not been .served by him. nor by any servant of his. R. Littlejohn, traveller. Tiniaru. tad that on the night of November 9 be had gone to the Dominion liutel to see the iitensoe on business. It was after 10 o'clock. He did nor, see him in the office, so he went to the bar. and i'or a joke he had drawn throe glasses of beer and put them on Use counter. A man whom be had heen with on the street bad followed him in, and they met a boarder (Knott) in the hotel. Just as hn was drawing the "jeer the licensee came in. and witness got outside the bar. He could not say who put down the half crown. The Magistrate .said that in face of the evidence lie must d smiss the charge against Roilly. He did not thmk it was an offence to be. on the prenvsps after hours. Any lawful excuse was Mifficient reason. and probably. as T.itileiobn said, the third man followed b : m in when lie (fvittleiohn) had said to him: "Wait a minute. I've ir U l to see the. I censee on business." The ca=e against this man imq on the border line, and it would be dismissed. L'ttloinhn would be fined "20s and costs Knott, who bad pleaded guilty, would be lined os and costs. CASE AT WASHDYKE.

Timothy Connelly, () f the Doncasler J'.ot-ei, Washdyko, was chained with having li-'s bar open tor the sale of liquor at a tmo when the hotel was ordered to he closed under the health regulation. He pleaded not guilty, and was defended by Air Hayinoiul. A. T. Lake, farmer, AYashdyke. said that ho wont into the hotel about. y.BO. Found tlie liar open and got :i glass of heer. He was sorved hy Mi's Counolly. Other people also had drinks at the same, time. }lrs Dawe, Vaskdyke, said thai slio had gone i 0 tho lioTel on November \><i to get soda-water :or her boy, who was ill. She had seen the last witness there. The ' lar whs closed. She had given a statement in Constable Smith about. ih<- iiiauut. Out was <i'iito ignorant of

what >hc- m> duin-. It was not W that -he had obtained at. the hotel. K. Williams said that on November •20 he had gut a bottle of beer from a hoarder at the. Doucaster hotel. Saw Mr Lake thore, but did not sec the liar open. Mr Snooks had g'ven h:m tlie bottle of hocr. Ho had not arranged in particular for the bottle of beer beforehand. Mrs Connolly, wife «f tho licensee, said that Mr and -Mrs Lake had gone to the hotel on November 2!) and asked for drinks. Witness refused them both, whereupon two "lottles of hrov were asked for. Witness refused this request, also and tr ed to cleaY Lament, lint he was in a bad temper, muddled with drink, and would not leave the hotel for about throe hours. He threatened to "put witness's pot i'ii '' The bar was not open, and no drinks had been served to anyone. A. Snooks, carter. Washdyke. s n :rl that on November 29 hp had given Williams a bottle of beer at the 'nononstcr hotel, where w'tness boarded. Th? ha'' was closed, and Lake was refused liouor.

To Kuh-lii.speotor Hiistic: Witn.es* kept lli:-ec- or four bottle n f beer in his room, and gave W:U : finis one, : . "snuaro ricfiM*," ••« it wo"'-' hn*-o jr0,,.. bad otherwise. Witness did not rare p'ncli for hoop himself, but fco,,t dronjjlif lipo.p in l t "y. room. The Magistrate that al! P.p wi- >"•"« oonri-idVto-l Take, and tiio charge would '.') c dismissed. TSOYAL HOTEL CAST!. I). Hodgors, I.'consco of the lioyal hotel, was charged with Iwv.ng supplied liquor to uvo persons at a tini'j when h.s hotel was required to !i.j closed under tlio health regulations Ho pleaded not guilty, and was defended l»y .Mr Iv.nnoriiey. Sen H\;aii said that- on November 30 with Constable Geraghty h r : ]iad visited tlio Royal hotel, and in one room had found two people, a man and a woman, with drinks in front o! them. The man (S. Hansen) told bin that he had obtained lis drink in the hotel and had paid (id for it. The woman (Mrs Palmer') said that she had a whisky and had paid fld for it. While witness was in the hotel he thought fi? heard the- bar. of the window being lifted, and going outside to look he found I lie window I I'ted high as though .somebody had got out of it. The barman answi red the deserpt'on of the man who Hansen said had served bin) with bis drink. Constable Geraghty gave corroborative nv.donce. Samuel Hansen. Pareora East, saul that on November 30 ho had had a drink in the Royal hold. A young man had servd him.

Mrs A. S. Palmer, said that on November 30 .-lie had ],ad .-, ,l r i„lc of whisky in tin- Royal hotel, and paid f)d tor it.

D. Tsod;rer.- said lu-v had jriven mstriietion id h : s servants tha.t, no one was to 'to served with liquor duriujz the prohibited per.'od. On tho day In question witness had the keys of the hut-, and was on the Ray w'th his wife. He returned to the hotel when the pulic< were there, and produced the keys o,f tin? liar, from his pocket, as .soon ns tlie poliee asked for them. The liarniaii Mas out, and had no keys. Thore "was no one m the house that dav who could have S'"-ved the liquor on witness's '.lehalf. The only way -witness eould aceount for Hansen and Mrs "Palmer <rettiis« a drink was tlmt thev had taken the l'qour there wi*.h them Noili llaus.n and Airs Palu.er s ; ,:d Hint thev 'hail not taken the drink to til*- hoit-l -with them..

The barmnii said thai lie was plav. ing bowls on the day in question, and served no one with liquor. The bar was locked, and witness had no kev for 'it.

The Alarristraie said lie would like to he sntr'sfiod Viol \h-> Govern.>r 1, ; ,,| the power fo make these prohibitory

regulations under tho Health Act. No doubt they had been made, hut the question was as to whether they came within tho statute. If they dd not, they were no good. Mr Kinueruey said it was clear that no conviction could be based on the facts before the. Court. There was no proof of the existence of a health district, of the consent of the Minister to the regulations, nor of any of the formalities. The Magistrate said that was so, and he dismissed the information without prejudice. DEFENCE CASES. For failing to attend parades, W. J. Kyle, A. P. Hathaway, G. Burns, and C. A. King were convicted and discharged. BY-LAW CASES. For fa : ling to register his motor I. cycle, T. Winter was lined 10s and costs. The following for not, having the registered numbers fixed on the front of their cars were each fined 10s, and costs: —John Adam. George D. Millen, John Glass, Mrs St. John Bucklev, E. D. Gillies, T. Scott, James Meehan, G. H. Nicholas, IT. Spencer, A. Andrews, E. O. Studholme, F. Simmons, J. Horgan, G. T. Wilson, Charles Moss. Eileen O'Leary, Thomas Winter and C. G. Chapman. For driving their cars at an excessive speed: James Cross and John Class were each fined 20s and costs. T. Stevens was convicted hut not fined for allowing two cows to wander on the railway at Kingsdown. No fine "■•"5 'mposed, as hoth the cows had been killed.