The Archive · 1928

No Abatement After Warning

Inspector, Foley o the Bubbling

Well Police Station who had delvered the Gounelts Witt, cor sSboretod previous tactinony that Tething had Ween" dome. about he also Nivrwands:" Poll Consiatn Smith told the court that he had visited the Cafe on August 21, tween 2 and ain There had eshte ole hed walking alone Brenan Road because the latter could not sleep, At 6.10 am, La Gaiété had still boon open.' At 5 am, there had been about 30 ears parked outside the Cafe, and between 4.30 and 5 pam, the occupants of the Cafe had" go! Inside and begun using the piano, ing, consid ise, Another morning August 21, visit, had

trance was being gained on the side. People had still been there between 4 and 4.30 a.m.

Mr, L. G, Wosteott, residing at 86 Brenan Road, followed as witness for the defence and told the court that apart from the loss of Gaieté's children of residents in the neizh-Dourhocd going out for an early morning walk with their nurses and aeeing the sights provided by people Teaving this cafe.

Indicating that there were no more withosses, Mr. Wright reiterated to the Court that he held the 'Council had a right to abate 8 public nuisance. las regarded what happened in the French Court, M. clu Pac de Marsoulie had Appeared for Mr. Levy. A criminal charge had necessitated the court's raising the point about the Municipal Council's authority to grant a licence outside the Seitle mont, That was the last heard of the case; there had been no decision yet.

The Law of Tort Mz, Newman raised the contention that the Council had acted in an unlawful manner in taking its action again La Gaieté. According Inw of tort, right of to one whose legal rights were violated by another.

Following a short discussion by dAuxion de Ruffé regarding the sine die adjournment of" the French Court in the ease in question, and the sub-Boquent withdrawal of Mr. Newman's suggestion that this adjournment had been the result of approval of the Council's action.

it Honours took the case under Wvisement. The Court adjourned?

Text read from the printed page and cleaned; old type leaves the occasional error.

Your account