MAGISTRATE’S COURT.

Star (Christchurch), Issue 17036, 9 May 1923, Page 8

MAGISTRATE’S COURT.

TO-DAY’S CASES. CHRISTCHURCH. Mr W yvern Wilson. S.M .. presidea nver the Magistrate’s Court this morning. DRUNKENNESS A statutory first offender lor drunkenness was fined J.os, in default 24 hours’ imprisonment. “GUILTY AND IGNORANT.” Wm. C. Evans pleaded “ guilty and ignorance of the law ” to a charge of being found on the New Brighton Trotting Club’s ground, he being a person excluded from attending race- i courses. The police stated that the defendant had been convicted of assault. The defendant said that he had al ready suffered greatly because of the assault as his pension had been cut down. Evans was fined 20s and costs. A FALSE NAME. Thomas Hyde, who did not appear, was charged that, contrary to the provisions of the Licensing Act, he had given a false name and address. Thepolice gave evidence that the defendant had been convicted of being found on licensed premises. Hyde had given the name of Thomas Kernev. A fine of 20s and costs was imposed. A CARELESS MILKMAN. Edwin Tarrant- (Mi \Y. F. Tracy; pleaded guilty to selling milk nof containing a correct amount of fat. The Magistrate read the analyst's certificate which showed that 13-85 per cent of the milk fat had been removed. Mr Tracy said that the defendant had been m the trade for three years and this was his first offence. He was simply a. buyer of milk. Since the prosecution he had sold out. There was no suggestion that the defendant con 14 have tkimmed the milk, because he got it at 6 o'clock in the morning from the supplier. “It is only a matter of carelessness in the handling of the milk.” said the Magistrate. “ I suppose the milk had been standing cooling and then the top had been poured off into one can, and the defendant got the bottom portion which did not have the proper amount of cream. Milkmen must see that the milk is up to standard." A fine of £3 and costs was imposed. A FRIENDLY GAME. Frederick Burrows pleaded guilty to being found on the licensed premises of the Heathccte Arms Hotel at 9.15 p.m. on March 3. Defendant said that he had just finished a game of billiards when the police arrived. However, he would like the case held over till his counsel (Mr AY. J. Hunter) arrived. This was done. When Mr Hunter arrived shortly afterwards he said that Burrows, under some strange misapprehension, had pleaded guilty. AliHunter asked that a plea of not guilt > should be submitted. The Magistrate said that he would not allow the guilty plea to be withdrawn without h earing some of the evidence. vSergeant Robert M'Kenzu?, of Sydenham, gave evidence of having found Burrows on the premises. The licensee had said that he did not think it was an offence to invite a guest to have a game of billiards. The defendant wos on his way out of the buildings when he was stopped and brought back. There were other men iu the billiard Constable Edward John Rowe said that when the police arrived, the licensee said that no charge was being made for the games. At this stage the Magistrate permitted defending counsel to withdraw the plea of guilty, and plead not guilty. The defendant Burrows, a labourer, said that he worked near the Heath cote Hotel. He leit on liis way home j about 9 p.m. and 011 passing the hotel i received an invitation from the J licensee to play a friendly game o! ; billiards. After the game the defen- ! dant had gone out to the back of the j building and then the police arrived, j No payment was made for games ai the billiard table in question. I To Senior-Sergeant F. Lewin the dej fendant said that when first accosted j by a policeman he bad said that he was a boarder. j “Why did you lie straightaway?” ■ asked the Magistrate. J “If I had know nhe was a policeman I would have told him the truth,” r< « plied the defendant, j “I am not satisfied with your es- ! planation,” paid the Magistrate, j The licensee of the hotel, Edwin Bull, gave evidence that he had been 1 chatting to one of the boarders in the

front of the passage-way when Burrows came along the road. The witness challenged him to a friendly billiards. match. The table used was for boarders and no payment was made. “ I am not satisfied that this man’s entry upon the premises was a lawful one. in the first instance,” said the Magistrate. The licensee had not known who the rnan was until he was in the passage-way. So tho defendant was not the bona fide guest of the licensee. The defendant was fined 20s and Hanging on this charge was one, against Edwin Bull, licensee of the Heatheote Arms Hotel. He was charged with allowing a person to remain on the premises of the hotel alter hours. The facts in the last, case were traversed by Mr Hunter, who submitted that Burrows was a bona fide guest and therefore no offence had been committed by the licensee. The Magistrate «aid that the common law right of a licensee to entertain his j guests existed. But Burrows’s story was quite unreliable, especially so a | when first asked he had said that he I was a boarder. A licensee had no busi I ness to tolerate the presence of un 1 authorised persons loafing about the ‘ hotel. “ It all comes to this: that th? licensee conducts his house loosely and lets men come in after hours.” said the Magistrate. “ The licensee must be convicted of allowing billiards to bo plaved after hours.” Mr Hunter said that this was the first i time the licensee had ever had a conviction. A fine of 40s and costs was inflicted. Securities For an appeal were fixed.