Magisterial.

Star (Christchurch), Issue 722, 15 September 1870, Page 3

Magisterial.

«■ CHRISTCHURCH.

This Day. (Before C. C. Bowen, Esq., R.M., and J. E. Graham, Esq.) Prohibited Liquor Selling and Abwsing a Constable. — William Moir, of the Central Hotel, Colombo and Gloucester streets, was summoned on two separate informations for having, on Saturday night last, kept his house open for the sale of liquors during prohibited hours, and with having used abusive and threatening language towards a constable whilst in the discharge of hia duty. Mr Joynt appeared for the defence. Constable Wilson said, whilst on duty in Gloucester street on the night named, his attention was attracted to the Central by a noise of card playing and lights in the bar. It was within five minutes of midnight, and on entering the house by the back door, he found 17 men seated in one of the rooms off the bar; there were two drinks on the table, and the bar was open and lighted up. Accused and Mrs Moir were in the bar. Five or six of the men in the room he knew to be boarders, but he did not know that any of the others ■were. He was certain that several of them were not lodgers. When he commenced taking the names of the men in the room, accused used abusive language to him. He said, " You are a low, mean fellow, and a scoundrel, for coming in at the back door." He also said, " The bobbies in Christchurch have little to do now, or they would not do this ;" and further, " The next time you come in by the back door, I will kick you out ;" also "It it was not for your coat I would make it a caution to you now." After taking the names, witness attempted to go out by the front door, but accused would not let him. Accused also called out, "Six of the men are not boarders; come on boys, I'll have a' drink now." Witness could hear the men in the room from the stteet before entering the house. He tried the front door previous to going round to the back, but it was fastened. By Mr Joynt: There were others than lodgers playing at cards when he entered the room. He was quite satisfied accused threatened to kick him, also as to the other language stated. Other persons in the room must have heard the words. By Inspector Pender: The bar door was open. There was a passage between the bar and the room in which the men were. George Hill, residing in St Asaph fitreet, said be was at Mr Moir's when the constable entered. He did not know what the time was, but supposed it was after eleven o'clock. He went in with another man to see & friend, and had a drink about a quarter of an hour before the constable entered. The front of the house was closed when he went in. He went in by the back door. He heard high words between Mr Moir and the constable, but could not say what the words •were. He did not hear anything particularly abusive. He left before the constable. There were, perhaps, thirteen or fourteen men present. There were drinks on the table. The bar was open. By Mr Joynt: He did not hear any high words. The bar was not open, at least he could not say, for be could not see it from where he stood. He was just going out when the constable entered. There was no disturbance; all was quiet. Two lodgers were playing at cards. Joseph Leatham said he went to accused's about eleven o'clock. He went in at the back door. He could not say whether the front of the house was closed or not. Other houses in the street were not closed when he passed. The constable -entered about half an hour after him. He should say it was then after eleven o'clock. He had a drink, but could not say who served it. Accused was there, but he could not say whether the bar was open. He heard accused ask the constable why he came in at the back door. He went into the passage directly after, and did not hear accused abuse the constable. By Mr Joynt : Accused refused to serve witness with a liquor when he went in. He did not hear him refuse any one else. Several persons were playing cards for tobacco. They were not playing for money or drinks. When in the passage he heard loud voices, but could not say what accused was Baying to the constable. Constable Rutlige, who went into the house with Constable Wilson, corroborated the evidence of that witness. By Mr Joynt : It wanted ODly a few minutes to twelve o'clock. Other houses were closed. They were attracted to the house by a light in the bar. There wsb no noise or disturbance. Robert Taylor, residing in Hereford street, said he also was in accused's house when the constable entered. He beard a conversation between accused and the constable, but no abusive language. All he heard was accused telling the constable he had no right to come in at the backdoor. He went away before the constable. He saw no liquors supplied after eleven o'clock. He had none himself. This was the case for the police, and the fpllowing witneises were called, in in defence. Henry Rangecrof t said he was at Mr Moir's on Saturday night. He resided there. It was about five or ten minutes to twelve when the constables entered. He had no drinks after eleven o'clock, nor had anyone else, He heard drinks refused to two persons. He did not hear accused threaten to kiuk the constable or call him a low, mean fellow. Constable Wilson said to. accused, after he had taken the names, " You had Letter come out and kick me." By the Bench : He could not say what led accused to say this. B 7 Mr Joynt : Accused was angry at the constable coming in the back way. There was no noiee in the house. Some wer« talking, and one or two were playing cards. By Inspector Pender : He was positive he did not hear accused call the constable a scoundrel, or say anything about " b y bobbies." He could not say what led to the constable saying " You had better come out and kick me." James Lenny, another lodger at the hotel, gave almost precisely the same evidence, excepting that be heard accused say to

Constable Wilson, "You are a low, mean scoundrel for coming in the back way." Accused had said before this that if the constable had knocked at the front door he could have got in that way. Witness also heard Mrs Moir say to the constable, " Don't agitate him," meaning her husband. Ther« was no drunkenness in the room, and all was quiet. By Inspector Pender: Accused did not threaten to kick Constable Wilson. Witness was sure of it. William Barrett gave generally corroborative evidence. He heard accused call the constable a scoundrel. He could not say whether that was abusive language or not. Accused might be telling the truth, for aught witness knew. Mr Joynt addressed the Bench on behalf of his client, after which a fine of 40s for each offence was imposed.