RESIDENT MAGISTRATE'S COURT.

Wellington Independent, Volume XXVI, Issue 3168, 8 April 1871, Page 2

RESIDENT MAGISTRATE'S COURT.

Thursday, April 6. (Boforo J. Woodward, Esq., J.P. and C. J. Pharazyn, Esq., J.P.) THE MELBOURNE HOTEL CASE.

Mr Allen appeared on behalf of Mr Parkes on this occasion; but bofore the case was gone into, Inepeotor Atcheson asked leave to withdraw the original information. • This not being objected to, the charge was withdrawn. A frosh information was then laid, this time for keeping open during illegal hours. Before proceeding with the case, the Bench said it was only right to say that the Sergeant of Police had acted throughout this case with the utmost discretion. As the evidence to be taken must necessarily have been the same as that which has appeared, the Bench asked if Mr Allan desired a re examination. All

witnesses in the case were then ordered out of Court.

Mr Allan : Oh ! we had better have ifc over again. Sergeant Ready was then put in the- box and gave precisely the same evidence as on the previous hearing. Mr Allan then crossexamined: I wont twice to the house that night, the first time about ten minutes past twelve. The front bar door was closed when I called the second time, but the side door was open. Constable Ellery was then examined : I went on duty at midnight on Saturday, and my beat was Lambton Quay. Sergeant Ready called my attention to the fuct that the Molbourne Hotel was open after hours. I accompanied the Sergeunt into the Hotel and saw Mr and Mra Purkea and a crowd of people at the bar. I think this was about ten to fifteen minutes past twelve. In half an hour after Sergeant Ready camo round again and people were still going in and coming out. I know about the time, from the time it takes me to go round my beat Mr Allan contended that the case should be dismissed, as there was no evidence to show that the defendant had sold liquor. Moreover he was entitled to supply to persons boarding in the house between the hours mentioned within the act. The Bench did not hold with the learned counsel, inasmuch as the information was for keeping open during illegal hours, and although they read the act as Mr Allan did, they could not fail \t.o sec that the house was open prepared to do business. The case would therefore have to bo gone on with. At Mr Allun's request, a note of his objection wa3 taken— that defendant- having been discharged on the firat information, for selling, the present information could not be sustained. The whole contention turned upon the meaning of the word " closed," the Bench maintaining that open doors meant for the purposes of traffic, Mr Allan contending that the door was open for legitimate purposes, us it had not been proved that liquor had been sold.

Tlje cuse was then proceeded with, and Sydney Parkes, son of dofendant, placed in the witness box : On Saturday night Sergeant Ready came into the passage, and upon my asking him if he wanted anything, he answered, " Oh, no." Followed him out and closed the door. I then wont into the house to get it cleared. On coming out of tho room into tho passage, I again saw Keady, and I think another policeman with him. All the lights were out, and the bar closed. I osked him if ho wanted anything. He snid " yes," and that ho hod seen my father. That was about twenty minutes after ho came in the first time. There were about ten boarders in the house that night. It was ten minutes to twelve by my watch whoa Sergeant Ready first camo in. Thomas Blanchnrd, a boarder in the hotel, eaid ho went to bed about twonty minutes past twelve, and the lIOU6O seemed very quiet at tho time. Further evidence was taken on behalf of dofendant, but without muterially altering tho aspect of the case. The result was that the Bench considered tho case clearly proved, and inflicted a fine of 40s with costs. ASSAULT IN MAORI BOW. William Morris stood charged with assaulting Thomas Dowling. But it appeared that complainant lind turned very lenient towards defendant during tho interval since the commission of tho offonce, and hoped that ho might not bo dealt with more severely than was absolutely neco6aary. The Bench acted upon this aud only lined Morris 40a and costs,

at the earao time binding him orer six months in the sum of £10. OP DOUBTFUL SANITY. Matbow Cook was remanded foi' three days to ascertain if he was compos mentis. DRUNKENNESS. Mary Meo and William Bergin, for this offence, had each to pay 20s with tho option of 48 hours' incarceration ; while Thos. Murray got off with half the penalty, LARCENY. Patrick Duddy, a member of tho Armed Constabulary, was charged with breaking the look of a carpet bag at Mount Cook Barracks and stealing two pocket-books, the property of Constables Giles and Scott. The case was proved, aud prisoner sentenced to six months' imprisonment.