MAGISTERIAL.

Star (Christchurch), Issue 6049, 10 December 1897, Page 3

MAGISTERIAL.

CHRISTCHURCH. Friday, Dec. 10. (Before Mr R. Beetham, S.M.) Alleged Breach op Licensing Laws. — J. W. Collier, licensee of the Al Hotel, was charged with having, on Nov. 25, sold one bottle of beer, value Gd, to Robert Cant at 11.30- p.m. on Nov. 25. Mr Kippenberger appeared for the defendant. Police Sergeant M'Kay deposed that on the date in question he, in company with Constable Andrews, observing a light in the bar of the Al Hotel, went in. The licensee was in the bar, and witness saw him supply a bottle of beer to Cant. Asked Cant if he paid for the beer. Cant said " I paid sixpence for it," and immediately afterwards said " I suppose it will be in the bill." George Collier then said, " Cant is staying here, I am about to take him away. Cant refused to go with Collier, and leaving the hotel went towards home, followed by witness and Constable Andrews. When they arrived at Cant's house in St Asaph Street, witness tasted the liquor in the bottle Cant had brought home, and found it to be beer. To Mr Kippenberger: No one but the licensee and Cant were in the bar. Witness went home with Cant on the invitation of the latter. Cant threatened to report witness if the latter refused to accompany him home. Witness had no reason to doubt the truth of Cant's statement. Constable Andrews corroborated the evidence of the previous witness. Eobert Cant, billiard-marker and barman at the City Hotel, residing in St Asaph Street, deposed that at eight minutes past 11 p.m. on the date named he was at the Al Hotel, and between 11 and 12 on the morning of the same day he had purchased a bottle of draught beer for 6d at the same hotel from Collier, sen. After closing his billiard room at 11 p.m. he purchased some hot fish for his fath er, who was unwelhwalked down to the Al Hotel and put the beer he had purchased in the morning in liis pocket. Two policemen were in the hotel, and witness insisted on their accompanying him home. The constables had "cheek" enough to taste the beer in his own house. To Mr Kippenberger : It had been his nightly custom for seven months to take a bottle home every night from the same house. He bought the beer at the Al for two reasons. His father did- not like, the City beer, and he did not like to be seen carrying parcels from the house at which he worked. Mr Kippenberger pointed out that this was a charge for the sale of liquor after hours. The main question for the Court to decide was that of the actual time of sale. He contended that the sale had taken place in the morning, and that the delivery was no offence. Mr Kippenberger quoted several authorities in support of his contention. He called G. Collier, sen, who swore that, on the morning of Nov. 25 he had sold Cant a bottle of beer, of which Cant was in the habit of taking delivery at about 11.10 p.m. Witness generally handed the bottle to Cant at the door. W. J. Collier corroborated the evidence of the last witness. His Worship said the question was one of credibrtity of evidence. He believed the evidence given by the constables to be truthful. There were discrepancies in the stories told by the defendant's witnesses. Cant had sworn that he was in the habit of purchasing the beer every day, while Collier, sen., had sworn that Cant only purchased twice or three times a week. Defendant's story was too thin altogether. Defendant was fined 40s and costs, with endorsement on license. (Before Mr J. M. Douglas, J.P. and Mr E. Currie, J.P.) Illegal Bathing. — Samuel Watts and Alfred Bryant, on a charge of illegally bathing within the limit of the Christ church Domain were convicted and discharged. Unregistered Dogs. — H. Gillon was fined ss, costs 7s and registration fee 10s. J. Kennedy, fined ls and witness fee ls 3d. Strowan Robinson, fined ss, costs 7s and witness fee 6s. F. H. Neave, fined ss, costs 7s, witness fee 4s. Destroying a Gorse Fence. — David Sampson and James Oliver Legg, charged with wilfully destroying a gorse fence at Addington, the property of Edward Johnston, were convicted and discharged. Grazing Cattle on ' a Public Road. — Robert Hammond and William Hartley, of Prebbleton, were charged with permitting three head of cattle to graze in a public place. Case dismissed with costs.