MAGISTERIAL.

Gisborne Times, Volume XXVII, Issue 2450, 15 March 1909, Page 5

MAGISTERIAL.

SATURDAY. MARCH 13. (Before Mr. W. A. Barton, S.M.) SUPPLYING LIQUOR TO PROHIBITED. PERSONS. Thomas Hodgson was charged with having procured liquor for one Robert Orbell .knowing him to bo a prohibited person. Sergeant Hatton conducted the prosecution. and accused, who pleaded not guiltv, was defended bv Mr. J. R. Kirk. Constable Dandy stated that when in Pool Street he. heard Orbell request defendant to go and procure a bottle of beer. Accused walked across the road and into the British Empire Intel, whilst Orbell proceeded towards the Whataupoko bridge, accompanied by another man. Accused came out of the ■hotel carrying something in his coat, and witness followed him to Messrs Common, -Shelton and Co.’s corner. He went round the corner, and Orbell crossed Peel Street. Going round the corner he saw Orbell and the second man meet accused. They proceeded into Palmerston Road, where accused handed Orbell a bottle of beer, and the latter and his companion stepped inside Common, Shelton and Co.’s gate. Accused then walked quickly along Palmerston Road. Witness walked up and took the bottle of beer from Orbell, who was drinking it. "Witness then followed accused, and overtook him near Grey Street. He asked accused what he meant by giving liquor to prohibited men, and he replied that- he did not know Orbell was prohibited. Accused at first refused to give his name, and subsequently said his name was Thomas Johnson. Witness was suspicious, and eventually ascertained accused’s proper name.

To M.r Kirk:Ho was in plain clothes and he had never seen accused before to his knowledge. He saw accused hand the bottle of beer to Orbell. Mr. Kirk said that ho had no sympathy with men who supplied liquor to prohibited persons. He admitted that accused supplied the- liquor, but not to Orbell. ■

Accused, giving evidence, said that he was a bnshman from Rakauroa, having arrived in Gisborne last Monday. As he was walking along Reel Street on Thursday (morning, Orbell asked him to get him a bottle of beer. Orbell appeared to have been drinking. Witness got the beer as requested. Orbell did nob give any reason why lie did not go for the beer himself. Witness gave the bottle to Orbell’ss companion, Orbell being inside the building at the time.

To His Worship: He had not given a false name to the constable. He did not know Orbell, and could not possibly explain what induced him to get the liquor for Orbell. He (witness) was a teetotaller. To Sergeant Hutton: He got the beer for Orbell merely out of kindness of heart.

Evidence for the defence was given bv Richard Richardson, contractor, and John McKenzie, filieepfarmcr, of Mata-v.-ai. Both these witnesses testified that accused was a man of good character, sober, and a hard worker. His Worship said that there were suspicous circumstances connected with tiie case, but before a conviction could bo regarded he must bo satisfied that accused knew that Orbell was prohibited. In tin's casm he was not satisfied that accused was aware of- that fact, and the information would havo to be dismissed.

His Worship added a few words in commendation of the police for bringing cases of the sort forward, and that they should bring forward all similar cases, which were exceedingly hard to detect.

Air. Kirk said that lie quite agreed with HU Worship’s remarks regarding the action of the police, A (S REEDY SUMMONS:

Michael Ready, stable-keeper, pro-, ceedf-i against Frederick Lewis-for the immediate payment of a judgmejnt obtained against him on Ofcli inst. for £8 ds, for injuries, to a gig and damages for !o-/ of service of same, Mr, Stock appeared for the plaintiff, and Mr. L. T, Barnard for the defendant, . Evidence*- w»(* given by the plaintiff that ■defendant contemplated leaving for Nanier,

Defendant stated that ho received £1 opr. week and expenses , from his brother, who was a bookmaker. Of this amount he sent 15s weekly to his wife, in Sydney. ' 'His brother was .at the Toioga Bay races, and ho thought that bo (defeudant) should bo able t-o get