MAGISTRATES COURT.

Wairarapa Daily Times, Volume LV, Issue 8581, 15 October 1906, Page 5

MAGISTRATES COURT.

MASTERTON - MONDAY,

(Before Mr W. P. James, S.M.)

POLICE (USES

William Downes was charged with having liquor in his possession during the currency of a prohibition order. Evidence was given by Sergeant Millar and Constable Le Fevre that, on visiting defendant's house on the Gth inst, they found defendant and his son sitting by a table with a bottle of beer and two mugs on it " I didn't want the beer," stated defendant, "I was suffering from influenza." He further stated that he did not know where the beer came from. Defendant was fined £5 and costs 7s, in default of payment a month's imprisonment. A month was allowed in which to pay the

Robert Wallace (defended by Mr B. J. Dolan) pleaded not guilty to a charge of being on licensed premises, to wit, the Central Hotel, on Sunday, 7th inst. Defendant stated he was on the premises to deliver a parcel, and neither asked for nor received a drink. The licensee corroborated defendant's evidence. The S.M. concluded that defendant was not in the hotel for an unlawful purpose, and dismissed the information.

Frederick Stephen Cooper, licensee of the Central Hotel, pleaded not guilty to three informations, charging him with having his bar premises open, exposing liquor for sale, and allowing liquor to be consumed on Sunday, 7th inst. Mr C. A. Pownall defended.

Sergeant Millar gave evidence that he visited the Central Hotel a few minutes after nine o'clock on the morning of the 7th inst., and found the licensee inside the bar with the slide open, and five men standing inside the barroom, six glasses being on the ledge.

In taking the names of the mon, they said they were lodgers, and the licensee agreed.

To Mr Pownall: The liquor was only exposed to the five men. He had been making enquiries as to the men being lodgers, and believed that the statement was untrue, because two of the men told him about half-an-hour after his visit to the hotel that they were going to a boarding-house to get breakfast.

Harry Hall, a bushfeller, stated he came into Masterton on Wednesday, 3rd inst,, and stayed at the Empire Hotel till Friday. On Saturday, he went to stay at the Central Hotel with some friends, and had been there ever since. On the morning in question, he saw no liquor served, but witness and his friends went to the bar-room lo get a drink if they could. There were empty glasses on the ledge, and one was half full, apparently standing from over-night.

Peter Graham, scrub-cutting contractor, said he went to the Central Hotel on Saturday to stay for a few days, occupying room No. 4 with Hall. Witness was a " bit shaky" from indulgence the night before, and went with two or three others to try and get a drink. The Sergeant, however, appeared before the liquor was served. There were some empty glasses on the ledge. Witness had been at the Central Hotej since the 7th,

Harold Fitzgerald, who came in from Flat Point on the Gth inst., said he put up at the Central. He, with others, went into the barroom to get a drink, and had only reached the room just prior to the Sergeant's arrival. There were seven empty glasses on one ledge and four on another.

Sergeant Millar intimated that he had no doubt the other two men were boarders.

" I am afraid, on the evidence, Sergeant, you have no case," remarked the S.M. when dismissing the information.