Article clipped from Gawler Bunyip

The Law Courts.MAGISTRATES' COURT-GAWLBR.March 23.Mr. W. Johostaue, 8.M.] Alexander Fnmtu, «u charged on the Information of Corporal Montagu that on Sunday, March 7tb, be, being the holder of A wine lioeoM in roepoot of Hoeneod premises eft Cooktaoo Valley, unlawfully did no*, dnringihe hoers In which the sale of liqaors to p«Qio Is ptohftitad, here every door by wbEhedmieeioa Is seined lo the ber end•hotA similar information wee leid of Sandey the 14th of Mereh,infIn reepeet end bothformetionee were heerd together.Mr. S. B. RodeU appeared for defendent who piended no* guilty.John MlteheU Moraah living in Adelaida, In the employ of the Government, seid theton Saodey, Meroh 7th, be Berooee Goldfields. Heel theit to Mr. Frnoob's wine shop between 2 end 4 o’olook in the efternooo. Ale sender ZbIerskI, who wee with him, knocked et the corner of the wine ehop. Mrs. Frauds oeme to the perlor door end mid, •• Come la thie way. Ttray went i,o end eet down. Sew Mr. Franob end mid to him, Bring me e bottle of wine. He weot out thronsb the doorway end brought It. There wee e geogwey, bat he did not eee e door. Peia 9d. tor the wine. Zblerekl celled tor the next bottle end peid Mre. Frenoie for It. A men by the neme of Trenoadeo celled for the third bottle. Mrs; Francis brought it in. Did not see any money peee between them. Witness end Zbierski went out end returned In e few mipntee, going into the bar. Rapped at the coonter end Mrs. Frenoie oeme ia. Witness celled for e bottle of wine. Mre. Francis supplied him over the bar. Peid lOd. for it. No on asked him if he wee e traveller. A few deys afterwards Mr. Fran oil mid be wee sllowed to •ell wise.By Mr. Rudsll—Had not been In the employ of the Government long, only einoe the letter pert of January. Went to Baroeee on the 17th of February. He had given hie right name at Raroeaa.By Corporal Montego—On the 14th went to Francis's between 4 end 5.30. Sew a man named Phillips^, Called for a bottle of wine. Mr. Francis • applied It end wltnen paid for it. Notioed there wee a door between the ball-room and the bar. It wee ■hot when witness went in. Sew the door npexrjrfter wards. A stranger came in while witness was there and called for a glass of wine. Defendant supplied it but did not eee money pass. The stranger asked Mss tors if he woald have a glass ef wine. The Utterwee brought from the bar. Frenoie did notask witness whether he was a traveller and witness did not represent himself to be one.By Mr. Rudall—He was specially engagedto go to Baroesa to bod out what he could about grogselliug. Wee paid eo much a day. Did some digging bat not much. Hadno is ag with him on either occasion.Witmee asked Zbierski to go with him on the 7th inst. lied had a dinner there pievioesly.Alexander Zbiertkl, laborer, of Karosia Hold fields, said -On the th the previous witness asked him to go to Francis’s with him. Did so. Morasb called for a bottle of wine and defendant supplied. Moraah paid for it. Witness then called for one, which was supplied by Mrs. Francis. Witness paid for it. Trenouden also was there and had a bottle, hat coaid not say whether ha paid for it. Later on Moresh got another bottle of wine which he paid Mrs. Francis for.By Mr. Rndall—Moraah boarded with witness' mother. Heard Morsah say something about bona fide traveller.Josinh Treiowden, working at the Lady Alice mine, was at defendants hi the after-noen of the 7th. Was boarding there.Witness corroborated the previous testimony as to the supply of Moresh, but did not see any money pass. The oater doors were ■hat.By fir. ftndsll—Witness had made arrangements before for tha bottle of wine ha bad received. It was aaual for people to call at Francia's for refreshment on -Sundays.By Corporal Montagu—Moraah did not represent himself as a bona tide either on the7th or 14th.At the close of fcho evidence for the Informant.Mr. Rudsll addressed the Coart and saidhe ass a mod that the information was laid under Clause 38 of the Act of 1898, which provided that the outer doors which fsoe s street and which are immedUtely oooneoted with the bar, bar parlor or bar parlore, taproom or taprooms in any licensed premises, shall be olosed on Sundays, and daring the wholo of suoh day every door by which admission can be gained to the bar, taproom or taprooms, and all means of communication therewith, shall be kept shut and locked. bnt he contended that these provisions would not apply to the premises of the defendant, which are only a country abode. The witness Zbierski stated that there were four stone rooms occupied by the defendant as his residence, and alongside was a store room described by the wltnoises as a bar, and adjoining this was the room oalled the ball room. The evidence showed that the outer door of the bar was kept ahnt and locked, bnt what is charged as the offence is that the defendant allowed himself a means of •coses from the parlor to the bar, which was need for storing various things. The evl-dence of Moresh was tainted and there ware several misrepresentations on his part. He swore positively that there was a door leading from the parlor to the bar, bnt the other witnesses called for the proeecntlon stated that there had never been a door there, bnt only an opening, and he deniedhaving said that he was a bona fide traveller, hot Zbierski had sworn that he heard those words. The most fatal objection to the informations wet thst there was no offenoe under oUnse 38, which only eeta out thst If oertain doors were not shot and locked it might be prinui facie of an naUwfel sale of liquor. He quoted the caeee of O'Shangbnssy v. .Sullivan and Snllivan v. Phillips decided by Mr. Justice Boncaut on March 6, 1895.The S M. said he woald like to hear the evidenoe of the defendant, bnt Mr. Rudsll said he felt his legal position was so strong thst he did not intend to call any evidence.The A.M. in delivering judgment said that there were tarn informations against the defendant charging him that he did not daring the hoars la which the sale of llqnor Is prohibited have every door of the bar and taproom shot and locked. Clause 38 and 38 mail be rend together. On this ooosslon Moraah stated that he weot to defendant's prrffoieee and did oot represent himself se a bona fide traveller, bnt hie evidenoe la die-coonted by Zberski, who said be did bear something about being a bona fids traveller. There was no doubt in this oase that there was a supply of liqoor. The learned ooonsel had dwelt atroogly on the point that there was an opening from the bar to the parlor, bat the Act provides that all means of com-munioation with the bar must be kept shot •nd looked, and admitting that there was nofrom the parlorimperative on Sandey to have such means of commaicatinn closed in .some way. If it hail been shown thsi Mflttih flhlalnd the liquor by representing himself ae a traveller he coaid (have dismissed the informations, but since the defendant had not oome forward to say anything in defence he was bound to oome to the conclusion that there was no snob representation.Fined £2 and £\ 8e. 31. coats on |esch Information.Fraicrick Barber, vegetable hawker, was charged on three informations by Corporal Montagu, that being an nnllocneed person he did at Bsrosna On March 6th, JOth, and 13th, unlawfully sell a bottle of wine. Defendant pleaded not guilty.■John Mitchell Moraah said be bought a bottle of wine from defendant at Baroaaa on the 13th lost. Paid 8d. for it. Mrs. Zbierski was present. On the 10th also bought a bottle and paid 9d. for it. Theredoor at thb opening leadingto the bar he held that it w«ie present.By defendant—Sew him (defendant) aton March A Did not order a bottle of wine from him on that day. On the 6th witness asked defendant-fee a bottle of wine. Defendant replied that they were nearly all ordered but that be ooald hpara him one. Received it and peM for it Did not any it was for a siok person.RUxabeth Zbierski, who said aha would not go into the box till sha was paid her fee bnt was afterwards oooteat witha promise, said In reply to a question, Of course I am a married woman. Moraah stopped at her plaos three weeks. Sew Moraah get a bottle of wine from defendant twice. Did not one him pay for It. Month opened each bottle and give her a drop toThe defendant statedhim.that hevegetables. He delivered wine on goldfields when be ruoefeod orders for It and got the mooey and tha bottles. Met Month at Fianob'a. He told him (defendant) to bring a bottle every time be oeme that way. Promised to do so. Got the bottles from Moresh but no mooey. Owed Fraoob for the three bottlee. Thb was the only instance In which he had broken hb rub to get the money first.By Corporal Montagu—Had no hawker's licence. Made no profit out of the wine beoanee he paid Fraoob what ha received for ft. Got wine for people who aakod only to oblige hb customers.For the defeooe Sarah Jane Frauds, wife of Alexaoder Francis, said her husband kept tha Cockatoo Valley wineshop. The defendant purchased wine by the gallon and paid 3s. a gallon for it. Witness eomatimea supplied it to defendant.By Corporal Montagu—Defendant did oot take It for her husband. He took orders for the w»ne.Fined £5 and oasts, £7 8s. In alLThe defendant aakod for twelve mouths' time to pay the money.The 8.M. sold be oonld have fourteen daya in which to pay.Defendant said he could oot pay It. He had 5s. in hb pocket nod that was all ha was worth.The 8 M. said In default of payment defendant woald havo six weeks’ imprisonment.Robert Handley, ten., was charged on the information of Hugh Daon Link later with stealing a gold watch valued £2, a gold eoarf pin valaed £1, and watch chain valued 10*. at Gawler on March 18. He pleaded not gnilty.The informant, a fitter, said that ba lodged at Stevens' boarding house In Marray-etreet. Saw prisoner on the 18th. He stopped at Stevens’ for one night. Wen* to work at 10 minntee to 7. leaving the watch and ohaln io hb room. Missed them on the 19th. The door of hb room was unlocked.\V. T. Bvans, lioeuoee of the railway refreshment rooms at Ham ley Bridge, re-cognbed the prisoner whom he eaw at Hanley Bridge on the 20th lost. Prisoner asked him to bay watch sod chain produced. Purchased them for I5e. Prisoner said ho had just come from the north, waa hard op,aod wanted to go to town. Saw the pin lopossession of Mise Stokes at Hamley Bridge.William Glaovilla Turner, mounted constable at Hamley Bridge, aald he saw prisoner at Hamley Bridge on Saturday.Keceived the articles proaaced from Mr. Evens.Joseph Hopkins Moody, mounted-con-■table, Adelaide, deposed to arresting prisoner that morning in Adelaide. He made no statementPrisoner, against whom there was a previous conviction for larceny, was sent to ganl for four months with hard labor.Ohess.GAWLRR CHAMPIONSHIP TOURNEY.Only two games have been finished slnoe last report. The first was woo by Mr. Holloway from Mr. Ky. and in the second Mr. Tothill wee defeated by Mr. Bebee.The following is the scoring-list :—■sM282 o —lt;83■*•lt;IA ITollowny__——E 11 Coonihe——I1A Win. kef—n——H Stopp 0 K Marshallu00zII J K Be bee01I1W H Lanaltton —o1—TKfE Winckal ..——0—__0—Klf 1’otMll..I1I 1— u 1 0— oJ3 £I — i Itol —— 0 — — — — 0 — -— — 0 — 1 — _____ „CHR88 ITEMS.CHESS EXERCISE—No. 119.BLACK.1!+»HmumLUmmaM1Wm.ftma1mmim!■mmmwaammISm■mawHimWhite to play and mate in three movee.Ayer’sSarsaparilla.Cleanse your blood with-Ayer's Sarsaparilla—the most thoroughly reliable alterative ever compounded. For scrofula, boils, ulcers, sores, carbuncles, pimples, blotches, and all disorders originating in vitiated blood, this medicine is a specific. Ayer's Sarsaparilla is equally beneficial as a remedy for catarrh, rheumatism, and rheumatic gout. As a Tonic, it assists the process of digestion, stimulates the sluggish liver, strengthens the nerves, and builds up the body when debilitated by excessive fatigue or wasting illness. Physicians everywhere consider Ayer’s Sarsaparilla the best. It is a skilfully-prepared combination of the most powerful alteratives and tonics. No other blood-purifler gives equal satisfaction or ia so universally in demand.Ayer’sSarsaparillarWilRD BYwic.ifaict.bMi.SK.msou sums a a« «Mf i cw eipmSw.Ayer’s Pills cwewuowwssDon r Cocun.—Heller can be obtained Immediately; Ue ** K HATH INC'S OOOOtl LOKKXGKS -well known u (lie utterly unrivalled Coogh Retnrdr . Strongly recommended by many eminent pliyatriane. They at once cheek the cough and remove the lean* without any after affect; the mo*t delicate can therefore 7take them. One Toxenge alon** rose—one oe two at bed time •aiur-Mrwt. Sold evert where In tin. ll+d. each
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Gawler Bunyip

Gawler, South Australia, AU

Fri, Apr 02, 1897

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