MAGISTERIAL.

Gisborne Times, Volume XXVII, Issue 2506, 20 May 1909, Page 6

MAGISTERIAL.

WEDNESDAY, MAY 19. (Before Mr W. A. Barton, S.M.) DRUNKENNESS. A first offender who failed to. answer to a charge of being drunk on Tuesday and was fined 18s with costs 2s, in default 48 hours’ imprisonment. John Heapby, on a third offence within six months', was sentenced to 14 days’ imprisonment. PROCURING LIQUOR. Richard Solomon, charged with procuring liquor during the currency of a prohibition order issued against him pleaded guilty. Sergeant, Hutton said the man had 45 previous convictions for various offences, and on the last occasion had been bound over in his own. recognisances to come up for sentence when called upon. His "Worship said lie would call upon the prisoner to show cause why he should not be dealt with for the offence in question, which was committed in December last. The. defendant said he had no defence to make.

His Worship said he had sent such cases to Paketoa Island and was only waiting to know if the treatment had been successful beTbre sending more cases there. The man needed soriie reformative treatment. The accused would be fined £5 on each charge in default 3 months’ imprisonment. John Heapby, charged with procuring liquor during the currency of a prohibition order issued against him, also pleaded guilty and was sentenced to six weeks hard labor in the Napier gaol. Robert Russell, charged with supplying liquor to Adam Knox, a prohibited person, pleaded not guilty. Constab’o . Dandy said that on May 3rd ho followed the accused along Feel street towards the railway station, where lie was joined bv Adam Knox, a prohibited person. When near the bridge he saw the accused give Knox a small bottle. Russell then parted from Knox. Constable Pratt stopped the accused and witness went after Knox. Ho asked Knox for the whisky, and Knox replied that he had drank it. Witness to’d him about the small bottle and Ivnox banded the bottle, (produced). Constable Pratt said lie saw accused give Knox the whisky. He asked Russell where the liquor was he had purchased at the British Empire Hotel, for Adam Knox, and the accused sukl that he had bought no drink. After a time the accused said he had only got him a nip in a small bottle, and that he knew Ivnox was prohibited. The accused gave evidence on his own behalf and said lie met Ivnox for the first time in bis life on the day in question. Knox asked witness to get him a nip, and he gave him tlie- whisky 011 the railway bridge. He did not know Knox was prohibited. To the Bench: Constable Pratt’s evidence was false when 110 said that witness admitted be knew the accused was prohibited. Even if he did know he would nvt admit it to a constable. His Worship said the offence was fully proved. The accused would be fined £lO with costs 7s in default two months’ imprisonment. Adam Ivnox was then charged with procuring liquor on the 3rd of May, during the currency of a prohibition order. He pleaded guilty and admitted five previous convictions for similar offences. A fine of £lO, in default 3 months imprisonment was imposed.

James McConville. charged with a similar offence on May 13, pleaded not guilty and was defended by Mr Btunard. ~ , ~ Constable J. Scott said that on the night of May 13th lie. arrested the accused in Custom House Street He was drunk, and was convicted ot drunkenness the following morning. Mr.Bnrnard submitted that no evidence had been advanced to convict the accused. In all cases where a heavy penalty could be inflicted the Grown should' Drove its case. That bad not been done. To convict the accused he must bo shown to have bad the hquoi Worship; I 'He had it in his possession , but the Constable could not see lt- Mr Burnard: If the accused found the liquor he was not committing a lreaeh of the law. The fact that 1 was found drunk did not prove that be bad procured liquor. . The accused admitted three previous Co, Mr C ßurn a rd asked that sentence mtolit be deferred to allow time for the accused’s friends to get him on to a i«in in "tho (listlict. f ‘ His Worship adopted the suggestion and ordered the accused to co for sentence when called up. was bound over, himself m £lO, one surety of £lO.