RESIDENTMAGISTRATES COURT.

Inangahua Times, Volume II, Issue II, 6 February 1880, Page 2

RESIDENT MAGISTRATES COURT.

» Thubsday, Febbttaby 5. 1880. (Before W. H. Revell, Esq., E.M.) POLICE V. PIZZY. Defendant was' charged with selling ale in less quantity than (wo gallons. Mr Lynch, wbo appeared for the de» fendant, admitted the charge, but said that the fee for a retail license had some time since been forwarded by the defend* ant to the Collector ot Customs, but some delay had occurred in the issue of the license. He however disclaimed any intention on the part of the defendant to evade the law. Fined os and costs. POLICE V. WaITB. In this case the summons had not been refurned, and the hearing was accordingly adjourned till next Court day. POLICE V. PATTEBSON. Eobert Patterson was charged on the information of Constable Scully with ft breach of the Licensing Act, by retailing fermented and spiritous liquors, not being duly licensed so to do. Mr Mogs appeared for the defendant. The following evidence was called by the police :— George Barton : I am a labourer re* siding in Reeffon and recollect Saturday last, but cannot say the exact date. I whs in Patterson's "tore, Broadway. Reefton. on that date. Defendant was in filestore at the time. I bought some groceries and salts. I told him I had been drinking and wanted to make up a dose for myself, and asked him for a bottle of beer. He said he conld not, recom mend his beer, but gave me a bottle, I paid him for the groceries, but not for the beer. The money the police gave me to buy the b?er I paid for the groceries. I cannot say whether on coming out of the store I told the police that I had paid for the beer. Defendant said at the time that the beer was not good, but that it might do for me as I was coming off the spree. I did not drink the beer, as I did not get a chance. Crojssexamined : I had not been dealing with defendant previously. I deal with anybody who takes firewood from me. Am quite sure I did not pay for the beer. Patrick Scully : I am a police constable stationed at Beefton On the 24<h of January, between 9 and 10 a.m., I gave Barton two shillings and sixpence, and requested him to go to defendant's store r I saw him enter and come out. Did not see him receive or pay for the beer. When he came out he had the beer, and I west wiib him to his house, where we 1

opened and tasted the beer. He told me he had paid for the beer. He went into the store at my request, but I did not promise him a gratuity for doing so. Had heard previously that the storekeepers in Reefton were retailing spirits and beer, and hence the step I took. I ide.Btify,tbe bottle produced as the one brought to me by Barton. The Clerk of the Court was called and proved that the defendant was not the holder of a retail licence. The Magistrate said there was no proof of sale. It was a peculiar circumstance that a storekeeper should present a bottle of Tennant's ale to a man like Barton, but theie was positively no evidence that the beer was paid for, and the information would therefore have to be dismissed. SAME V. ATKEtf . This was a similar information by the police. Mr Lynch appeared for the defendant, who denied the charge. The following evidence was called by the police :— Augustus Vaughan: 1 recollect the 29'h January, but cannot recollect whether I was in defendant's store on that date. Was often there buying groceries. Got a bottle of gin there on the day re p erred to, but did not pay for it. Paid 3s or 4<? at the time I got it, but that was for an old score. Bourht some matches and paid for them. P*M either 4* or 5s but could not be positive. Had a lot of silver in my pocket at th^ iime. Constab'e Scully gave me 5« on that day and I gave the money to the defendant on account of my groceries I had occasion to go to the store frr some tn^ches. Had a few shillings in mv pocket he 'ore I met the constable. Got the bottle of gin, W considered it as a gift. Defendand told me it was a gift ; Had been dealing with him for seven or eight months. I returned six-pence or a shilling to the constable ; lie sent me for the irin and I t >ld him I could not .eet it. T remember I did not give thp TosstaTHe back any clisnge; Did not tell him I ti*d "paid for the gin. I did appropriate the moTrey he gave me to my own use. I owed defen^unt 2< lid on the night I wen? m. and I g*veb.im thf 5* and told him to put it to my credit for goods I was to get afterwards ; mayTmve asked defendant the price of a bottle oJ gin. and he may have told me 4< 6d. Constable Scully was called, and proved that on the dav in question he gave Vatigban ss, and told him to go to de« fendants and purchase a bottle of g'n. He did so, and told me that be had paid for it. Took possession of the gin and laid the present, information. Mr Lvneh pointed out that the in« formation was wrongly laid, inasmueli that defendant was charged with selling without a license, when the charge should have been for selling in less quantity than two gallons, as the defendant was the holder of a wholesale license. His Worship held the objection to be fatal, and dismissed the information, remarking that he did not believe that either of the defendants had given the liquor without consideration.