MAGISTERIAL.

Ashburton Guardian, Volume V, Issue 1465, 25 January 1887, Page 3

MAGISTERIAL.

ASHBURTON— TUE 3D A. Y. (Before Major Steward, J, P. , and Mr T Se.!y,J,P.,) ALLIGSD BRSAOH OF THE! LICENSING ACT. J. W. Mcßie was charged with having permitted drunkenness on his premison — Mr Orisp appeared for the dafendant. —The alleged c-ff-inoe ooiurred on Christ mas day, and the charge had been partially heard at a previouß sitting of the Court, when the case was adjourned m order that the police might secure the attendance of an important wl ness — On the case now being oaUed, Sergeant Felton stated that the witness In quesHoo was not m attandanoe —The police called A. Frifiby, who stated thai he went to the defendant's hotel on the day before Ohrstmae day. He stopped there ttiat night bat be did not remember anything on the following moruing. Be had some drinks, but he could not say how many, He did not remember being taken aw*y | by his brother and brother-in-law on Christmas day. He wo'te up at his brother-in-law's that night feeling very 111, bat he coald not say from what He had an indistinct rtcolleotion of being at the Railway Station on the morning of the 25fch, but how he got there, or ho»T he we>it aw*y, ho did aotknoff. Witness only recollected having one whisky. — By Mr Crisp : Witness would not sweat that, iiquor was | the caase of his boing bad. He always stopped at the defendants hotal when ho came into town, and the hotel was well conducted— Thia was the case, for the prosecution — Mr Or sp spoke at some length, submitting that ie had not be?n •h)wn that th> defendant had permitted drunkenness on hit) premises — The Bench thought it would be rather straining tho intention of the Legislature to assume that the tetm " permi ting " meant aotunl o msent. — Mr Crisp address d the Beach at some length on the oase and called the following evidence — J W. McWae, the dofeudant, said Frisby o*me to his place on the 24th. Fi-isby went away and came back about eight cr nine m the evening. The hotel was overcrowded, and a number of persons wore unable to find beda. Witness went to bed early on Xaias morning, Everybody was pe'fectly nubor then. There was not a shilling spent n the hotel th»t evening as w tnes> himself had given ><11 the liquor that had be n drank. Wi're.'sgaveinatruotio >atothobar man to permit no noise and also to allow ;o one to go into Ihe room where Fri»by wan f-laeplng, reoauee witaesj w»a aw r> thet he hid a ia r ge sum of moiu-y about hia person. About elovon nox». morning witness was roased by so ne one who *old him that Frisby had had n fit Witness thought that Frisby wan 'sky larking " but he g-..fc up and d-e»sod. When he got downstairs he found Frit by had gone. — The wiinepa was ernes examined at considerable lot g h by Sergeant Felto-'.— J jseph J mes said he noticod nothing unmnal about F isby en Christmas evo Waa m Frisby's oomp>ny till about three o'clock on Christmas morning Remembered him going to sleep m an arm chair when he eeemed perfectly sober. Saw him next mornfn? about five o'clock He was then going to meet his brother and, as far aa witness could judge, he war nflrfeefly sober, and he also teemed allright about eight or nine o'clock, when witness taw him again.. Frisby went to aleep on the sofa for the second time about ten o'clock There was very little d ink taken m the hotel on Christmas eve. When Frisby 'a brother and Mr Corbett came they gave him whisky and water. After hia brother came there waa a great change m him; he seemed to get quite fool teh. Witnesß Baw Frisby take two nr three whiskieß and also some "soft stoff "—Toe Bench considered the oharge had not been substantiated. It had bsen shown by the evidence that Frisby was sober until nine or ten o'clock on Christmas morning, that he then had » whisky and water, after which he got very 11L This was not surprising, considering that the man had been op nearly all night and bad had such & mixture of drinks, as was shown by the evidence.— Case dismissed.

The Court then rose.