TROOPERS AND DRINK

Dominion, Volume 8, Issue 2392, 23 February 1915, Page 9

TROOPERS AND DRINK

CHARGE AGAINST A LICENSEE

ALLEGED SUNDAY TRADING Most unusual circumstances centred round the charges preferred against Thomas Park, licensee of the Taita Hotel, in the Magistrate's Court yesterday, in that they concerned several members of the Fourth Expeditionary Force at Trentham. The charges against Park were as follow, the names mentioned being troopers:—(l) On Sunday, February 7, selling liquor to Joseph Gowan; (2) on the same date selling liquor, to George Page; (3) on February 8, at Taita,' permitting drunkuess on his premises. ' Mr. >H. H. Ostler appeared for the prosecution, and Mr. T. M. Wilford for the defence.

. The charge •of permitting drunkenness was taken first. •

Mr. Ostler said that on Monday afternoon. February 8, Lieutenant Bell, at the head of a picket of troopers, visited defendant's hotel, and there discovered six or seven troopers mostly without leave and all in a stato.of helpless drunkenness.

Constable Wilson gave evidence that on February 11 he visited the Taita Hotel, and inspected the lodgers' book (produced), where the names of the soldiers, found drunk had been, entered as lodgers. " To Mjr; Wilford: Witness was instructed. by Superintendent Ellison to take the lodgers' book. He took it away on the Thursday. . Lieutenant Bell, of the Fourth Reinforcements, said that on the Monday in question, at about 5.30 p.m., he visited the Taita Hotel in- charge of a picket of sis.. Witness first went through the entrance to.the bar. He inquired for the proprietor, who came forward. On being asked if any. troopers were there,' the licensee said there were. - Further questioned, the licensee said they were about the, garden. Witness went into a room off 'the bar, where he found a man lying asleep drunk. Witness sent for a taxi, and put this man aboard. Meanwhile the. picket had been going round the grounds, and witness then joined them in "the front grounds. The first .thing that met • witness's eye was a man stretched out on the lawn in a drunken sleep. Witness heard voices in another part of the garden, and found a soldier in company with a civilian. _ On being asked for his pass tire soldier handod a pass .the time of which had already expired. The soldier had been drinking. Witness subsequently had conversations with the licensee, who said he had had trouble with one trooper. The licensee led him to the man lying on the lawn. This' man, who was named M'Gowan, was also sent away in a taxi. Witnesß was told there were other men in a whare near the hotel. On going, there Tritness found two -soldiers both drunk. One had to be supported to a service-wagon, both were taken charge of by a picket. Later, the licensee said to witness he was very glad witness had came, and offered any assistance.

' To Mr.'Wilford: Witness would ;swear that the two men who were found in the wtiare were assisted to the wagon. One needed assistance, while the other might have walked. A member of the picket awoke the trooper found in the hotel. Before reaching M'Gowan on, the lawn, witness had to cross the hotel drive under, a small archway. M'Gowan walked to the car, but had. to be assisted to the taxi. Privates Cutts and Bain were secuired by having their hands bound with rope. Witness first saw Cutts attempting to go upstairs, and Bain (who was drank) on the verandah. On the way to Irontham witness acoompanied the prisoners, Private Beid and anothor. - Drunk In the Military Sense. Mr. Wilford: Wiat do you mean by drunkenness ? You have a special military definition for it?. Witness: Yes. It is not fit for duty. Mr. Wilford: Don't you admit that a man "unfit for duty" in the military sense might be wrongfully locked up by the civic authorities? , . Witness: I consider that a man drunk in the military sense should be locked up. Mr. Wilford: Are you a Prohibition-. ist?-"No." . Further cross-examined, witness said M'Gowan "argued a bit" when he was arrested. Witness received every assistance from the' licensee and lis wife.' _ ' Corporal Neville said he_ was in company with the previous witness on the visit to the Taita Hotel. Witness went

round the back of the hotel with Private Johansen, and there he noticed a trooper going to an outhouse. Witness went m there and found Privates Bain and Cutts. Bain was very drunk, while Gutts was drunk, but not very drunk. Later witness saw other soldiers being taken out. These were drunk. To Mr. Wilford: Witness had no knowledge that either Bain or Cutts had ever been in the hotel. Mr. Wilford: Have you not a kind of military definition for drunkenness ? Witness: Only that when a man is drunk he's drunk. _ Private Johansen said he went with the previous witness to the rear of the hotel, where they arrested Cutts and Bain. Outts was under the influence of liquor, while Bain was far from sober. Later witness assisted in the arrest of M'Gowan, who jvas, helplessly drunk. To Mr. Wilford: M'Gowan's hands were tied behind' his back before he awoke. The only thing M'Gowan said after this was, "Let my hands go."

"The Picket is Hero." , Private Rennie, also a member of the picket, said that he went to tho rear of the hotel, where he accosted a soldier and asked him-for his pass. Just then a wdmart'came to the door and sang out, "The picket is here." Later wiir ness saw men lying drunk in an outhouse. TcMr. Wilford: Tho two men in the whare were drunk in the sense of military law. Private Kearney, also a member of the picket," said he discovered Private Rcid inside the hotel. He was pretty well drunk. Witness picked him up and carried him into the van. To Mr. Wilford: Reid was not what you would call altogether drunk. j M'Cowan's Story- •' I Private M'Gowan said that on Saturday, February 7, he left cjmp at 4.30 p.m. with a soldie* named Pago. His leave extended to late that night. They took a car and drove down to the Taita Hotol. There he told the licensee's wife that they , had leave till Wednesday, and were going to stay there. Witness did not get drunk on the Saturday or the Sunday. - Witness' got drunk in the Monday. Mr. Ostler Questioned witness concerning an alleged statement made to the police. Mr. Cstler read this over and in it witness said lie _ was drunk on the Sunday night, and did not know what happened on the Monday. Mr. Ostler: Did you give that statement to the police ? Witness: I don't think so. Mr. Ostler: I don't want to know what you think. Do you swear you did not mako this statement? Witnoss: No. ■ The Defence. Before calling evidence for the defence Mr. Wilford said that he desired to contend that the prosecution had failed or neglected to prove to what premises tho license applied. The prosecution had failed to prove that the outhouse and tthst* i«, Mi? WD paxt oi tlw licensed wemifies. ATO'l

ing to the case of Reid, Mr. Wilford contended that ho wa6 a boarder, and if he was drunk "and this had boon denied," tho licenseo committed no offence by allowing Mm to stay thoro. Mr. Wilford quoted a decision of Mr. Justice Chapman in support of this. The Magistrate replied that a mora recent English decision over-ruled this. Mr. Wilford t replied that even so there was no evidence to prove Evans had got drunk at tho hotel. Reverting to the point as to whether the outhouses were portion of tho premises. Mr. Wilford said in the City the case would be different, but in the present case, whore the property belonging to the hotel spread over thirty acres, tho question was how much of this was tho licensee' 6 premises? Private Drinnan said' he was on polico duty at the Taita Hotel when the men were removed from the hotel. WitneßS arrested two of the men, Private Davidson and Sewell, in the outhouse which contained one bed and a sofa. Sewell and Davidson walked over to the wagon. The two men were drunk in tho military sense. Witness would say that thsee two men would hardly have been arrested in the public street for drunkenness by the civic authorities. The two men were quiet and orderly on the w.ay to camp. The Magistrate: Were these men really drunk in your opinion? Witness: No. They probably had been drunk.

Tho Liconsoe's Evidence. Thomas Park, licensee of the hotel, was then (Jailed. Witness said that at times he had had considerable trouble with troopers. His hotel was the first call from camp and the last call on the return. .When the picket arrived witness was in the bar. On the day in question he had some' soldiers lodging at the hotel. The man Reid found on the 'sofa was stopping at the hotel. The men found in the outhouses had not come under witness's notice previously. The two men in the whare l)ad walked along perfectly, steady when arrested. ■ To Mr. 06tler: Witness did not see a man being brought down drunk from upstairs in the hotel the day the picket .was there. . • , Bertha- Park, wife of the licensee, said that the arrested men had, as far as she knew, given wrong names when about to engage rooms. Witness had been speaking to the 6oldier on the sofa before the arrival of the picket, and he was sober then. This concluded the evidence for the defenco. In reply to Mr. Wilford's contention about, the licensee's premises, Mr. Ostler said he had' handed in the sworn plan of the premises. Mr. Ostler further contended m reference- to one of, the cases quoted by Mr. Wilford -that thiß was discountenanced where in the present case there was an inference that the licensee had made gain out of the soldiers. The Magistrate intimated that hei would reserve his decision. The othei two) charges were adjourned sine die.