Magistrate's Court.

Wairarapa Standard, Volume XIX, Issue 1809, 19 March 1886, Page 3

Magistrate's Court.

FEATHERSTON. THURSDAY, MARCH 18.

(Before H A Stratford, Esq, R M)

Patrick Cohen was charged by constable F C Smith with disorderly conduct iu tbe streets of Featberstou on tbe ?th instant. Defendant, who said he had travelled from Masterton that day, and did not remember committing tbe offence, was lined 10s and coste7s, or tu days in default. The fine was paid, The seme man was charged with striking at Mr W Cramoer, of tbe Royal Hotel, Featberstou, upon the same date as tbe ether offence was committed ; lor refusing to give any drink to accused. As the complainant did not press tbe charge tbe Bench dismissed tbe caee, tbe Magistrate remarking that tbe accnsed might thank Mr Cramner for bis escape from punishment, as be should understand that hotel keepers were net to be molested when very properly refusing to supply liquor to those who were intoxicated. W O’Gorman, who was in the company of tbe former prisoner on tbe same date (7th), was also charged by Constable Smith with disorderly conduct, and making use of bad language iu the streets. Defendant, who pleaded Not Guilty, was fined 10s and easts, or 6 days. The line was paid.

Mrs S A McLennan, tbe licensee of the Victoria Hotel, Featherslon, was charged by Constable Smith with not complying with the Act requiring her name to be written up in a conspicuous place. Mr Runny said the defendant had recently become a widow, but as soou as she found there was an evasion of of the Act she had lepaired the error. The Bench said in this case it was not a serious offence, but the Act had to be complied with. Fined one shilling and costs 7s. Constable Smith v same—Charge of keeping house open for the sale of liquors alter bouts. Constable Smith adduced that be entered tbe Royal Hotel on tbe IBth March at 10.50 pm , and found certain persons one the premises, one person named Moses shearer having a glass in his hand. Th constable said that iu passing the house on tbe night in question be beard voices, and upon entering tbe hotel found several persons inside, some of whom were not lodgeis, Moses Shearer was examined by the constable at some length, and adduced that he saw no pers >u in tbe bar at the time the constable entered tbe bouse. He was standing iu tbe passage at the time with an empty glass in bis baud ; saw that tbe door leading from tbe little room to tbe bar was closed ; did not see Mr Burke in tbe bar, and could not recognise all those who were in tbe room. After bearing tbe evidence of W. Eaton ana defendant, who deposed that she closed her house at 9.50, and did not supply liquor after closing that night, the Magistrate said as tbere waa a shadow of doubt ne would give tbe defend* t the benefit, and dismiss the case, but he wished it to be understood that Constable Smith was quite right in walking into tbe hotel, no persons but lodgers should have been allowed on the premises after hours, as it led to suspicion.

Constable Smith v same. Allowing au illegal game to be played iu a licensed house, to wit, throwing dice for money or drinks. Mr Beard for defendant, pleaded Not Guilty. Constable Smith deposed that on the night of the 13th inst he entered the Victoria Hotel and found three men in a room. There waa a florin on the table and Mrs McLennan grasped a dice box which was also on the table.

John Tidawell (who is a lodger at the hotel) ami two other men, were placed in the witness box. and swere that they were about to throw for drinks when M s McLennan name into the room and forbade Ui :a throwing the dice. The constable then came.

Mis McLennan (defendant) gave evidence to the same eliect. Mr Bunny addressed the Bench on behalf of his client, and contended that the Act specified that throwing dice in a common gaming house was an offence, but an hotel was not a gaming house under the Act, consequently, if by any chance the Bench considered' the charge proved the game would not be illegal, as the room of the hotel was not a public place within the meaning of the statute. Mr Stratford was of opinion that the Imperial Statutes provided that an hotel was a public place. Mr Bunny submitted that the Colonial Statutes override the Imperial Statutes and prevail. Mr Stratford said the Imperial Statutes could not be found in the Featberston Courthouse—where they should be—but he would respect Mr Bunny’s argument until be had them before him, and reserve judgment, but if upon reading the Imperial Statutes he found his opinion con firmed, a fine of LI with 13s costa would be inflicted. The Magistrate stated that if he had the discretion, he would in this case, not endorse the conviction on the license, but he had not the power to omit doing so. On the application of the Begistrar 19 names were struck off the Electoral 801 l no qualification.