RESIDENT MAGISTRATE'S COURT.

Inangahua Times, Volume IX, Issue 1397, 7 May 1884, Page 2

RESIDENT MAGISTRATE'S COURT.

— .. . '•..-.} ' Tuesday, MAY.6th,' 1884. . (Be*ois W. H; Kbvkil, Egg , R.M.) POLICE V. FEMUR. Defendant was charged by police with being drunk at Boatman's, on the 24th April. , ' Defendant admitted the offence. His Worship said there was a previous conviction for the same offence, and the police reported that defendant was chairman of the Boatman's Licensing Bench.

Fined 20/-. and costs, in default 48 [ hours imprisonment. HJjHCB V. M 'SHERRY. , t - % John^-jM "Sherry, " for permitting his ! v fijre, iM waß fined 5/- : and i.',90»t8.*Y t ; K^i >/v . . ;s:■ ?;•■•■ I], "^bufl^^y. PA%^dk]»RENNAN Pefeiidariiti was cj^gedl^ith' » Vwe^h of,the,Auctipneers'Lioe^fAc^'of'lß6B; by^ Belling after prescribed ; hours, at Reef tori, '"on the 3rd May. Mr Lynch for defendant pleaded inadvertence.- The Actr trader which the offence arose was almost obsolete, and at all events more honored in' the breach than the observance. Defendant Baid that heJmew for a fact, thafairctumeers In Wellington sold at night, "and he was also informed that a similar course Was pursued in Duhedin. His Worship said there were probably local ordinances which might permit such a thing in the places named, but there "was nti s'iidht :,p|fovifci<VnSv l*lre^ . THe Act under whicti auctioneers' tmded was, or ought to be, well-known, and the penalty there provided for such an offence was £60. Fined £fi and costs. ■V^JWTCH V. KITCHBK Defendant, a boy about 10 years of age, was charged with stealing the sum of €1 4s, from Mr J. S. Fitch, of the Empire Hotel: >.-..:,. , "Mrs Fitch proved that on the evening in question she went into the bar and saw defeudant leaning over the counter. She accused him of robbing the till, which he denied, and said he hid no money on him. Searched his pockets and found 24/- in his coat pocket ; while being searched he struggled to get away ; witness then called Richard Willis, who saw the money taken fronvdefendants pocket. Richard Willis saw defendant in the bar on the night in question, and saw Mrs Fitch taking money from his pocket. The boy admitted that he had taken money from the till on one occasionpreviously. Sarah Marks : I am the' wife of Julius Marks, waiter, residing in Nelson ; I am not living with my husband. Defendant *Wmy brother J he^oeij W school ; I send him regularly to school, but cannot say whether he goes or not. The boy is 12 years of age and belongs to the Church of England. In reply to the Bench the. boy said he did not know what made him go into the bar and t:vke the money. < His: Worship ordqred.the' boy;tb be sent to tht> Burnham; Industrial School Until he reaches the age of 15 years. Samuel Barr v. William B. Archer. Defendant an hotel keeper, at Boatman's was charged upon information with having sold liq-ior' to a person against whom a prohibition, order had been, issued. Mr Lynch appeared'fof the' 'defendant; ' John Keating : I am a police constable stationed at Boatmans ; on the Ist of. January last I served notice of a prohibition order upon defendant ; I produce the original prohibition order, Mr lynch objected to the order being pat in, as it was not the one served upon defendant. Examination continued ; the order prohibited the serving of liquor to one Daniel Ferris ; served the copy upon defendant. •By Mir Lynch: I did not com pare the cqjby served with the i original order ; but told" the defendant at the time the contents of the order. - . Henry Kassler : I am a bootmaker living at Boatman's ; on the night of the 21st of April last I was in Company with Mr Ferris ; I was m Archer's house and as it was 11 o'clock I was just leaving when Ferris came in and asked for change of a pound ; I did not see Mr Ferris have anything to drink ; may have told a person that Ferriß had a whisky In ArcheVs on that night. ; I wa» only told-so. Samuel Barr: I reside in Boatman's, on the night of the 21st April I came out from Boatman's and saw Kassler and Ferriß coming from the direction of Archer's; they' were both the worse of drink; Archer's door was open at the time ; and it was about 11 o'clock ; on the following day Kassler told me that they had had a " booze " at Archer's on the previous night ; told him that I would lay an information against Archer and he advised me to let it slip this time. Daniel Ferris vrsa called, but before entering the box the witness asked the Court whether he was compelled to give evidence, as he objected to do so. His Worship said he had been called and would have to go into the box. Witness said with all respect to the Court he should have to refuse to do so. His Worship said he would have to order the witness to be locked up if he refused. He need not say any hing to criminate himself, but he must give evidence. Witness said it was placing him in the position of an informer ; for him to ask Mr Archer to serve him and if he complied to now turn round and give evidence against him to his detriment, would place him in a most contemptible light, under these circumstances he would refusa to enter the box and take the consequences. Heg was already itj bad odour with his neighbors becauseiiVwas thought to have some connection with the case, and he would therefore not now give evidence. His Worship said he had nothing to do with these matters. The order of the Court would have to be obeyed, otherwise the witness would have to take the consequences. The witness said he would take the consequences. The witness was sentenced to seven days imprisonment. Mr I ynch said he had been advised that the witness was not quite responsible for his demeanour. As a matter of fact his refusal to go into the witness box was injurious to defendants case, as it left it to be inferred that he could give material evidence for the prosecution. As a matter of fact defendant denied the charge entirely. He askod that the information should be dismissed," as there was no evidence whatever f o support it. His Worship said he would not dismiss tHe information, but adjourn it. SAME V. BBOWN Defendant was charged on a further inforriiation with a similar offence. Mr Lynch appeared for defendant. Constable Keating deposed to having served a copy of a prohibition order on defendant on the 31st January. John Cnglan : I am acquainted with Mr Ferris ; on the 20th April last, I was coming from my dinner, and when passing Archer's, Ferris was standing on the verandah. I had some business with Mr \ rcher, Ferns wanted a drink and Archer j refused tr> serve him, saying he could go and have a drink out of the creek ; Ferris said the creek was polluted ; Archer thon said he would give I erris a glass of Belfast ginger-ale, and he asked me to go inside and see that he did not serve any intoxicating liquor ; I went in and we both had a drink of ginger-ale ; I drank out of the same bottle aj Ferris ; ' Archer

asked me to have a drink of beer and I refused ; have never told anybody that Ferris had liquor, in Archer's ou the day in question y never spoke to anybody on ( the subject of this cfcso till to-day. Samuel Barr; <$bglan told me yesterday ; that Ferris, had hfid liquor in Archer's on i the day in question ; brandy bottles found in Ferris bedroom I believe came from Archer's ; nobody in tne district has any bottles like them. Information dismissed with costs 27/-, and 20/- expenses to Coglan, and £1 Is professional- fee. , .JANE COCHR IE V. EDWARD GITTOES. «• This was an action to recover possession of a tenement at Black's Point. • Defendant did not appear. Jane Cochrane : I keep a store at Black's Point ; two years ago I let a cottage to defendant for two years, at L 26 per year; the tenancy expired in July last; have served notice to quit upon defendant, and he has refused to do so. His Worship made an order for the delivery of the premises within 14 days, i Mr Lynch for defendant. TTOBMANBY V. WILLIAMSON. Claim for a pair of riding pants, made last Christmas. No appearance of defendant. Judgment for the amount and costs. Same v. Fane.— Claim for similar articles. Judgment for amount by default. SMITH V. WATERS This was a claim for LI for time lost in searching for a horse alleged to have been taken out of plantifFs paddock. Defendant denied the liability. Alfred* Smith : Mr G. Reeves came to my paddock last Christmas and left his horse there for grazing and told me not to let it to anyone ; after the horse had been there a month he came for his horse, and could not Bnd it ; : fouud the horse was not in the paddock, and went all about the country looking for it ; I did not find it, and that evening met Reeves in company with defendant, and told him I could not find the horse ; defendant then said that he had taken the horse out, and I have sued him for the cost I was put to. ..■•'.•:.. Alfred Cannon : Recollect plantiff asking me for the hopse on the day in question ; I went round the paddock aud could not see it Another witness gave corroborative evidence. "■ : .•'.'.. ' S. J. Reeves ; the horae in question belongs to pie ; cannot recollect meeting defendant in Broadway 'as stated in February last, may have met him ; never abused plaintiff for losing my horse ; uever ; told him to look for the horse ; I gave defendant permission to take the horse on the day in question and saw him put it back. { Case dismissed with costs to defendant. ! Joh^ and Margaret Txtlly v. Bridqiet ]?Jbwman. In this case the plaintiffs did not appear, and. Mr Lynch for defendant applied .f^up expenses which were granted. . Tkbnt Bros. (Christohuroh) v. John Harold. Mr Lynch asked for an adjournment of the case to allow an opportunity of its being settled privately. Mr Menteath fcjr plaintiffs consenting the case was adjourned till next Court day , M'K*Y V. KIRBY. . L3 3s 6d oh a judgment summons for goods supplied. Order made for the payi ment of the amount by instalments of 10/- --' monthly. ■■..... I Dr. Thobpk v, J. G. Hbslop. No appearance of either party— case Btruck out. . -' Dcjggan v. Cairns. No appearance of either party — case dismissed. Duggan v. Willis. .No appearance of either party- case dismissed. , -v .. = ' M'Beath v. Rhodes. Judgment summons for L 5 3s. Defendant was examined at some length as t« his ability to satisfy the judgment, but in the enA the Court refused to make any order. Mr Menteath for the judgment creditor. Mr Lucas as Registrar of Elections applied to have the names of 171 persona struck off the Electoral Roll for Inangahua. The applications were unopposed and the names were struck off accordingly The Court then adjourned.