RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Volume VIII, Issue 1314, 24 October 1883, Page 2

RESID E NT M AGI STRATE'S COURT.

■ — , -»■ •;- ■ ; ;• „ . Tuesday, October 23rd, 1883. (Before W. H. Reveu,, Esq., R.M.) POLICE V. DIVINE. Dominick Divine was charged with a breach of the Licensing Act, by selling spirituous liquors at Boatman's on the lat Sept. 1883, not beiug licensed so to do. Mr Jones appeared for the defence. John McQuillan : I cannot remember the Ist Sept. last. Cannot say when I was at Boatman's last ; had an agreement with the Welcome Company referring to a horse, but do not recollect the date. I remember giving evidence in a former ca-e when Mrs Divine was charged with a similar oftence ; did not then give any date. I was at Boatman's four or five i weeks ago, I was at defendant's house on i that date ; I went on that date. I wont '. alone ; I asked some persons to go with me ; I did not ask them to go for any i purpose, Divine asked me to go, and I : said we might as well all go ; I went and ( had a glass of beer ; J saw Smith there : < he asked for beer, but cannot say whether < he got it ; believe Divine served me ; did i not pay anything, I paid for some meals ; ] cannot Bay whether it was 9 o'clock or 2 i o clock; paid for the dinner after I had c it, could not say what time it was when I t went into Divine's ; left Kcefton at 9 s o clock; cannot say how long I was in \ going out; could not say how much r money I paid Mrs Divine ; it was either d if- or 5/- ; can't say whether I had had s dinner at that time ; there is a counter in d

Divine's house ; cannot say whether I re- i turned t<» J&mue's beiotfe or a * ter inor > { tbink I had a l.eer. tlfere after dinner ; < cannot say who went; with me, some < boarders were in the house,, swear I did i gjot have a drink witiiA^u^tu^ Singster i on that day.at Btftacrfu' doii't reinem- « ber-Be4inf Mm uei^plfe house at all, ther,e wero a lot of itearigers about Boat- 1 man's that day^swear I did; uatyay DiviiSe anything Joir ftriiik inn that r elate. William ToihaW; fam a contractor, and recollect the lßt Sept. last, I was at Boatman's on that date and recollect jieeing-Jtf'QuilUn^hei^r-M'Q"^ 11 *"* llll Diviue were togtther ahd one of them, I could not^ay which/ takedtte* to go and' have a dunk, there w w£re many persons there, Carroll and Moylaahani were there ; I ■ wenfcwith the; otlWrßT^' r l6^eve'Pivine served me, but I won*)!' c positive, I had a;glajss of beer but dtafnotpay for it, nor did any ody else in nty presence, did not see anyone put mojiey down on the counter, went out as soon as I had the drink, there was ority^He round while I wa^there, it was aftejf dinner. By the Bench 1 : It is a boarding-house and there is a counteifthere. By Mr Jones : it is customary to have beer at meals insteadibf tea, By the Bench ; It was after dinner when I went into defendants on the Ist September. . ? John Smith : I am blacksmith at the | Welcome mine. I &f\'t recollect the day i of the Ist- Stspir tyffc recollect McQuillan being at the mine about a horse : I went to Divine's to have a drink and had half a pint of beer, Divine t Berved me; he took the beer out of a cask ; the cask was covered with a bag; had had drinks on that day but did not pay for them ; I suppose Divine supplies the beer for nothing : Others were in the place at the time and had drink, did not see McQuillan pay any thing. By the Bench: could not say who it was that shouted for me, whether it was M'Quillan or Divine] Augustus Sangster : lam a carpenter working at Boatmans, and know M'Quil-, lan : Recollect Ist Sept, but did not see M'Quilkn on that data, was not speaking to him on that date : I was working at the Welcome : heard McQuillan's voice there; saw M'Quillan there ; he had a horse with him ; did not hear M'Quillau ask anybody to go to Divines and have a drink; had drink at rivine's on that date ; did not pay anything. Mr Jones objected to the line of examination. The police should be confined lo the one. charge as contained in the information.' ; .'.'••' The Bench upheld the objection . Timothy Moynabani : Recollect seeing M'Quillan at the Welcome on tho Ist Sept ; he did not ask me to go anywhere on that date ; did not go anywhere with him ; I was in Divine's on that date and had some beer. < Mra Divine served me but I did hot see anybody put money down ; I am not boarding at Divines ; had no conversation about paying for the drinks. Martin Carroll : Don't recollect Ist ;Sept, but I remember M'Qmllan being at the mine ; I believe M'Quillan asked me to go ;o Divine's ; I '■ elieve others went ; Believe he did ask me to go and have a glass of beer ; it was in the afternoon ; I had something at Divine's, but cannot say whether it was beer or brandy it is so long ago; cannot say who served me ; cannot say who was behind the bar ; will not swear it was Mrs Divine who served me but believe "it was ; did not see auybody pay fojf; 'drinks ori that day ; believe others /iad drinks thWeUt the same time'; have hot spoken to Divine a out this case ; he has not asked me what evidence I would tfive. This closed the case for the police. Mr Jones contended that there was no case whatever to . answer/ Defendan* kept beer on (he premises' merely to supply his boarders with at meal times, instead of tea, and it was a cusiom on the goldfields that if an invitation o drink was given it. ex elided no only lo 'he person addressed, but to all present. The prosecution had failed in the ess ntial proofs of he case. In reply to tho Bench the defendant said he had nothing to say, further than that he was not guilty. Michael Hogan was called for the defence, but he proved nothing beyond that he had had beer at meal-time in the house since the offence alleged. This closed the case, and his Worship proceeded to review the case. He said the evidence showed clearly that beer had been supplied by defendant to M'Quillan and others on the day in question. The testimony of one of the witnesses proved that it was M'Qnillan, and not defendant who gave the invitation to drink. No money was sworn to have passed, but proof of that was not essential to a conviction under the 170 th section of the Licensing Act ; so long as it waa clear that the liquor had been supplied and consumed ; it was hardly reasonable that defendant Kept beer on tap for strangers to invite persons to drink, The facts were sufficiently strong to justify him in holding the offence proved. Defendan t woul d therefore be fined in the sum of .£BO and costs, in default. l months imprisonment., • Notice of appeal given by Mr Jones, and defendant wasliberated on bail, himself in £50, and two sureties of£2seacb. DICKENSON V, CARD This was an information charging defendant with forcible entry into certain premises at Boatman's, and arose out of a dispute between rival mortgagees Mr Haselden appeared for the informant, and Mr Jones appeared for the defence. Mr Haaelden opened he ca<?e at some length, pointing out ihe facts relied upon, and 'he applica ion of ihe law -o hem. The following evidence was called : — Thomas H Dickenson : I am a tobacconist residing at Westport, know Mrs Catherine Irvine of Boatman's ; on the 17th July last she executed the bill of sale to me now produced ; I took possession under the mortgage on the 15th Sep. I took possession personally, Mrs Irvine was in the place at the time, I did not see anyone else, I gave instructions to Mr Munro, auctioneer, to advertise and sell the place and stock in trade, and he sold on the 24th September. Mr Archer purchased the building as my agent for 11- 0 and I paid the money to the auctioneer, [ continued in possession of the premises until the sth October, there was nobody ilse there, on the 4th October I handed ;he keys of the premises to Archer and lecurely fastened the doors, a few days jefore the sth October I had employed a nan named Golding to fasten up the loors, the windows were boarded up, iome outside and some inside, the back loor waa fastened with a wooden button

md an 8-inch board nailed diagonally. On the sfch Oct, I came into Reef ton, and did not r^urn till t!ie 9th; inconsequence of information I received from Archer I returned, and on going to the premises I found the donra fastened np. » I tried to open the door, and demanded possession, but there was a man inside, and I could not succeed in getting in ; I demanded admittance, aud a man inside said he could not let me in ; had not been able since to gain possession ; my bedclothes were in the house when I left ; do not know what became of them ; they were thrown out when I came back ; they were lying in the street; I did not handle them ; ;there are live or six rooms in the house, which h built of weatherboards and iron ; it had been used as a store and dwelling-hou3e. By Mr Jones : I gave my own cheque for the purchase money of the premises ; the cheque has not passed through my account to my knowledge : I have not received the cheque back ; have no agreement whatever with the auctioneer relative to the cheque ; the auctioneer is to pay the proceeds of the sale to me ; the cheque in question formed part of the proceeds of the sale. I was present at the sale ; notice was given at the sale by a man named Shepherd that the title was disputed ; I understood that he claimed the property under a bill-of-sale that he had bought for the benefit of himself and the creditors. Recollect ■ eing in Mr Jones office about the 14th September ; ho arrangements were entered into that day wjth Mr Jones as to the future of the property ; I expected to come to arrangements on the following day ; I decline to state the nature of the arrangements we were to enter .into ;• I did not agree to hold the premises for the joint benefit of Miss Hewatou and myself I said I would make no agreement until the following day ; did not promise to pay Miss Hewston L 29 out of the proceeds when the building might »>e sold ; did not vtromise to give up the goods for the benefit of- the judgment creditor; did not promise to take possession, and hold for Miss Hewstqh. and myself ; can't say that I remember the day I was iv Mr Jones' office, rocollect the day I took possession ; it whs the 16th Sept ; it was he day before that I was in, Mr Jone's office ; I was informed by Mr Jones on the 14th September that Miss Hewston was in possession under a bill of sale : Saw Willis come out of one of the side doors of the house and quietly walk up the street ; never spoke to Willis on that day that I recollect ; I may and I may not ; I found some bedding in the place and put it outside ; it was the I'ailifFs bedding and that's the reason I put it out ; did not see Willis lying in bjd went I went into the place ; never told Golding that I saw Willis lying in bad ; told Golding the. facts; when I went in I asked Mrs Irvine if Willis was in and she looked over the partition and said that he was ; I told J her not to call him; was not present I when Card broke into the premises ; I did not know that Willis was there under Miss Hewston's bill of sale. Mr Jones told me that he was there under Miss Hewston's bill of sale, but Mrs Irvine told me the bailiff took possession under distress warrant, and ho was there fully half an. hour before Mr Jone's clerk ; don't remember whether Willis demanded possession from me ; he came to the door and found it locked ; Mr Menteath applied to me for possession on behalf of Miss Hewatoh ori; Sunday night ; don't recollect Mr Jove's clerk demanding possession. Re-examined : Have not yet received an account — sales from the auctioneer. The auctioneer holds possession of the proceeds of the sale ; on the 14th Sept. there' was no final avran«inent with Mr Jones about the possession of the property ; Mr Jones told me that he was going to leave Reefton on the 15th, and I could arrange with Mr Menteath; neither Willis, nor Sergeant demanded possession of the premises after the sale. Mr Mentcath did not ; I was in undisturbed possession from the 24th Sept. till the sth October. John Golding : I am a miner, living at Boatman's. I know the prosecutor, and at the latter end of September last he employed me to do some work on the premises at Boatman's formerly occupied by Mrs Irvine. It was two days before the place was broken open, Card was in the house when I went in. ; I went in oh the 3rd of ( >ct< biv I was engaged to barricade the windows. I b >arded three windows up outside, and one inside. There was one window not, b >arded up. That window was boarded up since ' t .there was another already, b Kirded. up when I went there ; >I nailedjjjtai 18-inch b > jften across the top' of th§jjßJHjj^h£ inside ; I afterwards tore and it was not put u^^^^^Bfay presence. I was in posse^sffll^Wliss Hewston. I went into possession on the night that Card got in ; I was put in possession by Mr Menteath and Mr Shepherd; I think it was two days before that that I barricaded the door. By Mr Jones : I looked at the back door of the house this morning, and fountl it in exactly the same state as it was When I barricaded it up for Mr Dickenson, W..8. Archer: lam a storekeeper at Boatman's, and know the premises formerly occupied by Mrs Irvine ; recollect them being sold by auction, by Mr J. Munro, on the 24th September last ; I purchased the premises for £100, as agent for Mr Dickenson; Dickenson was in possession at the time ; I went into the premises after the sale ; the first time I went Mrs Irvine was there, but on my second visit she was away. Recollect Mr Dickenson goinar to Reefton on the sth October; before leaving he gave me two ke.ys, and took me to the premises, and showed me how the place was fastened up ; the windows were very securely fastened with boards; the outside back door was very securely fastened up with a piece of batten 3in x lin across the door, ar*d another diagonal piece of flooring board. It was very secure ; one of the other doors was battened across, and the main entrance door locked ; the lock was a large sized one ; before leaving for Reefton on the morning of the sth of October Mr Dickenson gave me the key of the front door ; about 3 o'clock in the afternoon I went down to the premises, and unlocked the front door, but found a batten across the top, which prevented it opening;

I found a man inside, who I recognised by his voice as Robert Card. I demanded admittance, but he refused ; told him he had committed burglary, but he would not let me in ; I told him I would get a warrant, and have him apprehended fox" housebreabing, and left; I did not then go to the back door. By Mr Jones : Had a cask of beer and some squeaking balls on the premises, which I had purchased at the sale ; I demanded admission, as being in possession of that place ; don t think I saw Mr Menteath and Mr Shepherd that evening ; whea I did see them I cla ; m6d the premises as mine on behalf of my principal ; I told Mr Menteath and Mr Shepherd that I claimed as agent ; I swear distinctly that I told both Mr Shepherd and Mr Menteath that I had bought the premises as agent, and had them under offer to sell at an advance of £85 on behalf my principal, and that their action had spoilt the sale, and put £20 out of my pocket. By Mr Haselden : I produce the sale note from Mr Munro to myself ; it would have taken considerable force to break in the back door; nothing less than a sledj&^&,mmex~or a uat-tering-rain could do it. Charles M' El wain :I am postmaster at Boatman's; I know the premises formerly occupied by Mrs Irvine. On the sth October 1 saw the defendant Card forcing the back door ; he had an axe. He struck the door with 'the back of the axe several blows : he then forced the axe between the door and jamb and prized it open; he then went inside. By Mr Jones: There was nobody there but Card ; I was about 50 yards off. By Mr Haselden: The door was not a particularly strong one ; there were marks of the axe on the door after Card broke in ; the board of the door on ihe left side was split hali way down ; could not say that it was caused hy the axe ; it was four days after the entry that I examined ihe door. Constable Kelso and W. R. Dempsej were called, but their evideuce was not material. This closed the case for the prosecution. [Left sitting.]