BALCLUTHA.

Clutha Leader, Volume IV, Issue 199, 3 May 1878, Page 6

BALCLUTHA.

Wednesday, May 1, 1878. (Before E. H. Carew, Esq., R.M.) Poltcr v. Dunne. — Charge of keeping his licensed house open between 1 and 2 in the morning of the 19th April. Defendant pleaded guilty, but said it was an extraordinary circumstance, as a gentleman was leaving the district and there was a champagne supper. His Worship said the defendant ought to have applied for extension of time, and fined him in the sum of 10s. Police v. Canning.— This was a similar charge. Mr Taylor for defendant, who pleaded not guilty. Jame3 Daly : On the morning of the 19th April I was on duty in Clyde-street, Balclutha, and saw three persons going into Mr Canning's Hotel. I went up to the place and found the house lit up in the usual way, with lights nearly in every room of the house ; the hall door (front door) was quite open — two doors on the left of the hall were also optm. The door into the bar from that was not open. The first room on the left was lit up also ; in the second room was a man playing- a piano. The room on the right had the door fast — there was light inside. Mr Canning's daughter was at the door and turned the handle as I went in ; as she left T turned the handle. I asked her to tell her father that I wanted to speak to him, and after a minute or so' he came out. I said if he wanted to keep his place open after houi^s he must get authority ; I asked him to look at his "\vateh, which he did : it was 12.15. He said he thought the house properly closed, and had the door open for the use of his boarders, and if I thought to the contrary I could try it on. I then left and went back in three-quarters of an hour ; there wa3 then a light in the bar for a short time ; the hall door was open till two o'clock. When I first went to the. house there was no light in the bar, and I did not go into it. I may state that on this' night there was an entertainment in Barr's Hall. Lloyd has a night license to 12 o'clock. His place was punctually closed, at 12 o'clock. By Mr Taylor : It was a quarter past 12 when I first saw Mr Canning's hall door open. The dinning-room door was hot open. Defendant is married and has a family. I saw three persons going in but not coming out — they were males — the door to the bar was not open. I did not try the bar door ; the light might have been that of a candle, and was as if a person had brought in a light for a moment. Up to two o'clock I saw persons passing backwards and forwards to the Hall. Mr Canning, I believe, keeps boarders. Constable Warring : I remember the morning of the 19th instant. I noticed a light in the bar. It appeared to be a door shifted, and the light shining in for a moment or two. I saw a light over the hall door. Cross-examined by Mr Taylor : It was about five minutes to one. It was as if a person was moving about for two minutes. Mr Taylor said the prosecution must fail, as there was no evidence of a license being granted, and a conviction can only be against a licensee. Upon the merits he maintained that no offence had been disclosed under the information, the keeping open of a licensed house by itself not being [ sufficient. The police must also prove the sale of liquors during the hours of closing; See Dodson v. Duffy, Licensing Act 1865 to 1875. If the information* was good, then the Judge's decision in Dodson v. Duffy must be bad. , m ' Sergt. Daly referred to a case in Dun-' edin in February, where the Resident Magistrate held' that the hall door being open was an infringement of the Act, and imposed a penalty. <■."... j ( '' ! Mr Taylor contended there was no proof ; of "Mr Canning being licensee, of the hotel..

There was only evidence p£ a light being' lii the 1 "bar, and it might be caused by a person-going in to ? empty the till, or for .'ifty other matters. . , .. . ' . His' Worship said there were . some, evi.lence 'of Mr Canning being licensee, and 'Sergt. Daly was not cross-examined. The jther question I am not inclined to decide to-day, but will reserve it till next Court clay. If you have any defence, it would be as well to go into it. Mr Taylor then called — F. S. Canning : I remember 19th April perfectly well. I keep boarders, and am a married man with a family. On the night of the 18th inst. there was a concert and dance in Barr's .Hall. Some of my family were at the concert. I was at Clinton, and came home between 9 and 10 o'clock. 1. sent over for my girls, and went over myself three or four times with some of my boarders. My dan ghters went to the dance afterwards, and the hall door was left open* purposely for them to go out. I believe that there were no lights in the two rooms on the loft of the hall. There was a light in the bar, but I went in for a candle for my own bedroom, and struck a match. That was the only light. ■ There was no other light in the" bar after 10 o'clock that night. I had the key of the bar in my bedroom part of the time. Cross-examined by Sergt. Daly : I was not in the house all the time, from the time you spoke to me till one o'clock ; no one else could get in. as I had the key, and there could be no other light in the bar except the match I struck. 1 think it was about three or shortly after when I went to bed. I went to Dunne's that night for a special purpose. When Warring gave me the summons, I did not say to him' that I would make it hot for Daly. I said Daly seemed to persecute me when every person knew there was a case nearer his home more requiring his attention. I have been in business as an hotel-keeper since October 1, 1876. I have been in charge of the j>olice since then. Sergt. Daly produced a copy cf the Bruce Herald, and asked witness if he caused a certain paragraph to .be inserted in. it. Witness asked if he was compelled to answer it. Mr Taylor said no, as witness might criminate himself. Cross-examined by His Worship : I did [ business after 10 in the dinning-room in the hotel on the night in question. I sold six bottles of lemonade. There is a door from the bar into the dinning-room and from the dinning-room into the hall. Cross-examined by Sergt. Daly : I had not the key of the bar till your coming, but I had it from the time you called. Mr Taylor called Mr R. Hogg as to the reputation of the house, but he was not examined, His Worship saying he could be called afterwards if he decided to convict. A temporary transfer of license of the Stirling Hotel from R. Richards to Adam Houliston was granted, the Police reporting very favourably. - A temporary transfer of license of the Alexandra Hotel, Port Molyneux, from E-. Dreaver to J-. H. Jenkinson, was aloo granted. Mr Henderson appeared to support the application. A civil case, Dillon v. PATEBSOisr, was adjourned for a week owing to the absence of Mr Reid. The Court then adjourned.