MAGISTERIAL.

Star (Christchurch), Issue 3524, 28 July 1879, Page 2

MAGISTERIAL.

OHRISTOHUROH. This Day. (Before G. L. Mellish, Esq., R.M., and G. L. Lo.'', Esq.) Sheep-stealing.— William Barnard was brought up on two charges of sheep-stealing, and remanded to Rangiora, where no will bo brought up ou August 5. Db un tc and Disobdebly. — A first offonder was fined 10s. Frank and Mary Welstead were each fined 20.. Lawrence Keenan was fined 10s. Peter Brown, 10s j and Annio Paget, 20s. Public House Obdinancb.— W. H. K'ddey was charged with soling liquor in bis licensed house, the Golden Fleeco Hotel, on July 18, contrary to the Public Houbo Ordinance. Mr Thomas appeared for the defendant. Charles Bashford, wood turner, residing in Tuam street, stated that on July 18 ho was in defendant's house. Ho heard a no*se, and walked into the house. Thero were about ton or twelve persons there, one being a woman, who was drunk, and several of the men were drinking. Witness had some drink, wbioh was s.rved by tho night watchman. When witness went out defendant struck him across the arm with a batten. Constable 86 saw the a-siult, and tried to arrest witness, but twice let him go. To Mr Thomaß : Defendant was not there when the drink was served to me. The constable must havo been drunk. William Compton stated that ho was with last witness in defendant's hotel on Jv'.y 18. It was past midnight. Witness and Bashford had drinks, which were sorvod by the night portpr. Thero were a man end a woman drunk. Bashford told the man to take tho woman home, as it was not a fit p'aco for her to be. Bashford waß then struck by some one, and then two policemen came up and endeavoured to tako Bashford. William Lavery, night portor in the licensed house of defendant stated : The two last witnesses were in the hotel on the morning of Friday, July 18. Witness served them with drink between twelve and half-past twelve o'clock. Mr Kiddey was in the passage when tho drinks were served. Did not know who tho men wero. Bashford was in a fighting humour, and tore witness' coat. Mr Thomas held that it was necessary that Mr Kiddey should have been present when the drinks were sold, or Bhould have givon instructions to sell drink before an offence comd bo constituted. Mr Kiddey thought the men wore bona fide lodgers. The Bench said they wero not satisfied why the landlord had a "life preserver" v> handy; it did not look well. Ab to the selling of the drink, the landlord was perfectly well awaro of the whole affair. The circumstance would be remembered at the next licensing meeting. Fined £5 aud costs. Hobsb Not Undeb Contbol.— John Shanks was charged with not havimg his horae sufficiently under control. The defendant did not appear. Dismissed, the by-law boing held to be invalid. Mary Ann Wright was similarly charged, under tho Publio Works' Act. Dismissed. Wandebing Cattle.— Margarot Whelan was fined 5s for allowing cattle lo wander at large. Railway By-law.— Ernest Schofield was fined 10s for getting into a railway carriage while in motion. Gambling in a Licensed Houbb.— John Carpenter was charged with permitting gambling to take place in his licensed house the 3rd inst. . Mr Thoniß3 for defendant. _vli.hu 2I Murphy deposed — I was in the Albion Hotel between 7 and 8 o'clook in the evening, Mr Gaul and my brother were with mo we were thro wing dice for money for drinks. We commenced throwing for drinks by the game known as "Yankee grab." We stayed there till about 10 o'clock. Tho throwing for drinks lasted a quarter of an hour, and then we threw for money A Wo had drinks— the landlord served thedrinks through the window, and onoe brought them into the room. There was money on tho tabid then, but I oould not say what money was on. I think the landlord came in when we woro throwing for drinks. The highest stake played for was £5 or £10. Tno defendant was then charged with supplying .'.quor to Michael Murphy when he was already intoxicated. Witness continued : I had three or four drinks in tho hotel. .1 wa_. not sober when I went in. When I left I bolieve I staggered. I don't remember how I got home. I went into tb * Garrick Hotel after. I could not say how _juch I lost at tho Albion Hotel. To Mr Thomas : When I went to the Albion I was drunk. I don't think I walked very steady. I don't know that the landlord saw us throwing for anything but drinks. John Murphy deposed: I remember going to defendant's hotel with my brother and Mr Gaul on the day named. We went thero for drinks at seven o'clock. Wo did not remain there moro than an hour and a half. We played with dice. I think they wero put through the trap door by the barman. We first threw for drinks, aad after doing this twice Michael Murphy proposed we should throw for money. We only threw for shillings, and there was not at any time' more than a pound of silior

on the tablo. I did not sco defendant in th* room while we throw for money. Mr Gaulonly remained thero about half an hoim There were no notes thrown for. To theMagistrate : 1 don't think there was £5 inthe company. Certainly that amount waß not thrown for as a single stake. When Michael! Murphy went out he was sober as faras I oould see. To Mr Thomas: When Michael Murphy went into the houso and came out ho was not drunk, as far as I could see. When the landlord came into the room at the end of the gambling he protested against ir, Isabella Murphy, wifo of Michael Murphy, said ehe •aw her husband and his brother in the hotel at about 8.30. They were gambling. There were notes on the tablo. •■ Witneßß saw some one watching through the trap door. The defendant was that person. When witness* husband came out he was drunk. When Michael Murphy got homo ho had no money. To Mr Thomas : Direotly I spoko to the landlord he turned tho parties out. A. M. Gaul deposed that he was in the Albion Hotel on the night of July 3. Threw for , drinks twice. No money waß played for whilo witness was thero. Miohaol Murphy was sober at the time. The barren gave the dice. Witness was there only twenty-fly© minufcee. Georgo Hyde Btated that he was in the hotel at 9.30 p.m. and saw the Murphys throwing dice. Saw a £5 note ia Michael Murphy p 8 hand as a stake. Saw the landlord come in once. Miohael Murphy was the worse for drink. He had one drink, but could not say what it was. Mr Thomas submitted that the information for supplying intoxicating liquor must be dismissed on tho evidonce, a 9 not one witnesß had said that intoxicating liquor was Bold. With regard to tin other information, the evidence was incomprehensible. It had not been proved that defendant permitted gambling, and directly his attention was called to tho fact he stopped it and turned the men out. The Bench said, with regard to the selling of intoxicating liquor tho accused would have the bonofit of the doubt. It was possible he might not havo known that Murphy was under the influence of liquor. But with regard to the gambling, the Bench had not a shadow of doubt that defendant was perfectly cognisant about it. Mrs Murphy's evidence was perfectly truthful from first to last. There was no doubt that gambling was going on for a high stake : Mr Hyde'B evidence showed that. The statement of John Murphy could not be believod. He had simply plied his brother with drink in order to get money out of liim, and to bw indie him— nothing more nor less. The landlord was perfectly well awaro of gambling going on. Had the Benoh beon sure defendant saw John Murphy trying to Bwindlo his brother, the Bench would have dealt with him in a very summary manner indeed. Defendant would be fined £10 and costs.