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MAGISTRATES' COURTS.Gawlkb : IVeshav, M_a ncu 23.[Before Mr. W. -Johnstone, S.M.JAltramttr Francis, the holder of a wine I licence for premises at Cockatoo Valley. ! near Baroasa, was charged 'uu the information j uf Orporal Montagu with failing to keep I every door of hie premises by.which admission eouid Ik: gained to the bar shut and looked •hiring prohibited hours on Sunday, March 7. Another like charge referred to March 14. Defendant, for whom Mr. S. IV Itudnll appeared, pleaded not guilty. \ witness, J. M. Morash, who said Tie who in the employ of the Government, and went to Barossa tolook outfor offences against tho liquor laws, btatcd that he went to defendants wineshop on both days mentioned, and wwj served with liquor. Fraucia did not ask witness whether he wo* a traveller, nud witness slid not represent himself to bo one. Corroborative cvidenco was also given. Mr. Kudnll addressing tho Court said ho as*umod that the information was law u i id or clausa 38 of tho Act of 1R9G, which provided that •’tho outer doors which face a street and which are immediately connected with the bar, bar parlour or bar parlours, taproom or taprooms, in any licensed premises, shall be closed on Sundays, and during the wholo of such day every door by which admission can io gained lo the bar, taproom or taprooms, and all means of communication therewith, shall be kept abut and locked:” but he contended that these provisions would not apply to the promises of tho defendaut, which were only a country abode. Tho evidence showed that tlte outor door of tho lar was kept shut and locked, hut what was charged as tho offence wm that the defendant ! allowed hiuiself a means of access from the 1 parlour to tho bar, which was used for storing : various things. Tho 8.M. in doliveving i judgment said clauses 36 and 38 must lie ; scad loretlier. On this occasion mis witness stated that ha wont to defendant's premiers and did not represent himself as n bona-fido traveller, but his evidence was discounted by another, who said ho did hear something about being a bona-tidc traveller. Tlicro was no doubt in this ease that there was p bupply of liquor. Counsel had dwelt strongly on the point that thoro was an opening from the bar to the prlour, but the Act provided that- all means of communication with the liar must bo kept simt and locked, and admitting that thoro was no door at this opening leading from the parlour to the bar ho held that it was imperative on Sunday to have Biicli moans of communication closed iu some way. If it had been shown that Morash obtained the liquor by representing himself kb a traveller ho could hnvo dismissed tho information, but since tho defendant had not come forward to say anything in defence, lie was bound to come to the conclusion that there was no such representation. Fined £2, and 10s. costs on each iuformatiou.Frederick Jtarler, vegetable hawkur, was charged on tlirco informations by Corporal Montagu that being an unlicensed person he did at Baraga, on March G, 10, and 13, unlawfully sell a bottle of wine, defendant pleaded not guilty. J.M. Morashaid he bought a bottle of wino from defendant at Baroesa on the 13th instant. Paid 8d. for it. The defendant stated that ho hawked vegetables. Ho delivered wine on the gold fields when ho received order* for it, aua got tho iiionoy • and the bottlea. Met Morash at Francis's. Ho told him (defendant) to bring a bottlo every time ho canto that way. Promised to do so. Got the bottlo from Morash, but uo money. Owed Francis for tho three bottlo*. This was the only instance in which lie hud brolccu Ins rulo to gut tho money first. Had no hawker's licence. Made no profit out of tho wine, because he paid Francis what he received for iu Got wine for people who asked him. only to oblige his customers. For tho defonco Sarah Jane -Francis, wife of Alexander Frauds, said her husband kopt the Cockatoo Valley wineshop. Tho defendant purchased wine by the gallon, and paid 3s. a gallon for it Witness sometimes supplied it to defendant. Fined £5 and coats. £7 8a. iu all. The defendant asked for twelve months’ timo lo pay tho money. The S.M. said he could hnvo fourteen days in which to pay. Defendant said ho could not pay it. Ho had Da. in his pocket, and that was all he was worth. The S.M. said in default of payment defendant would have six weeks' imprisonment.Jlobcrl Hindt'u, sen,, was charged on the information of Hugh Dunn Linklator with stealing n gold watch valued £2, a gold scarf-pin valued £1, and watclicbain valued 10^. at Gifflnr on March 18. Ho pleaded not guilty. The informant, a fitter, said that ho lodgik) at Stevens's boarding-house iu Murray-Btrsot. Saw prisoner on tno 18th. Stopped at Stovona'a for one night. Wont to work at ten minuted to 7, leaving the watch and chain in his room. Mimed them on tho 19th. The door of hia room was unlocked. W. T. Evans, liccucoe of the Railway Itcfmshmcnt-rooms at Ham ley Bridge, recognised tho prisoner whom lie saw at Hamley Bridge on the 20th inat. Prisoner a-*kod him to buy watch and chain produced. Purchased them for lus. . Prisoner, agaiuEt whom there wan a previous conviction oT larceny, was sont to gaol for four months with hard labour.
Newspaper Details
Adelaide Observer
Adelaide, South Australia, AU
Sat, Mar 27, 1897
Page 22
Full Page
Clipped by
Anonymous
AU 09 Dec 2022
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