MAGISTRATE'S COURT

Dominion, Volume 8, Issue 2411, 17 March 1915, Page 9

MAGISTRATE'S COURT

NEW COMMERCIAL HOTEL CASE AGAINST LICENSEE DISMISSED Further hearing was continued in the Magistrate', 5 Court yesterday before Mr. D. G. A. Cooper, S.M., into the charges against Albert Rowland Durrant, licensoe of the New, Commercial Hotel, who was charged with permitting drunkenness upon iiis premises on the night of February 3, and with supplying liquor to Barbara Miller, a person already in a state of intoxication. Inspector Hendrey prosecuted, and Mr. 0. R. Beere and Mr. D. Jackson appeared for the licensee. Mr. Beere said that the evidence to be brought for the defence would show that on the night of the occurrence the defendant was very busy. It was the night of the Dunedin election, and there was a largo crowd about. The only one who attended to the private room that night was tlio barmaid. Rebecca Chadwick, barmaid at the New Commercial Hotel, was the first witness for the defence. She related that on the night of February 3 sho went to the private room where the two gentlemen were with a lady. She did not know any of them, but the lady seemed very nice and ladyliko. The lady did not know what she would have; whether a milk and soda or a drop of brandy would suit her. They hesitated so long that witness went back to the bar. When she returned to the room a brandy was ordered for Mrs. Miller, who asked that it should bo very small. Witness took in a very small nip, with two whiskies. There was nothing wrong with the lady then; sho was very rational and ladylike. Mr. Dykes paid for the drinks. Some time later similar drinks were ordered. There was no difference in the lady's appearance. There was no suggestion that the lady should get out while witness was there. Albert Rowland. Durrant, the licensee of the hotel, said that the night in question was a very busy one. Witness first noticed Dykes and Read in the room about 8 o'clock. He was called to the telephone, and asked was Mrs. Miller there. Ho thought it was an ordinary inquiry for a boarder, and went to the office, and asked the clerk was there a Mrs. Miller staying thore. The clerk answered "No." _ Passing the private room he saw the light, and looked in. at the same time asking was Mrs.- Miller there. Dykes replied "No," and witness returned to the telephone, and answered in the negative. As he left the telephone h$ saw the -wit*

ness Gardener, who asked him to take a letter in to Mrs. Miller, indicating tho room. Witness said lie had-just been in the room, and Mrs. Miller was not there. Just as he was speaking, tho occupants of th© room caine out, and Mrs. Miller said to Gardener, "Oh, you are here." Sho thon introduced the men,_ and they walked out. Mrs. Miller did not appear to be drunk. Witness know Dykes and Read, but did hot know Mrs. Miller. There was nothing peculiar in tho fact that a ! ady should be in tho room. They put up eighty people in the hotel, and never a day passed without ladies and gentlemen being about tho corridors and the rooms. Thero was nothing whatever to indicate that Mrs. Miller was under the influence of liquor. Some time later he had an interview with Mr. Miller.- Witness explained that he had inquired at the office for Mrs, Miller. Ho thought Mr. Miller,asked him to have a drink. They sat ana talked tho matter over. Mr. Miller was very oxclted, and had a hunting-crop with him. Witness told him who the men had been, and Miller said that ho would bo ovens, with Dykes, and was going to thrash him. He also said ho would lay an information against men, and witness told him that if be did that ho (witnoss) would be drawn into it. Witness pointed out that he had done no harm, and Miller agreed. Mr. Miller told him that Mrs. Millor_ was drunk, and witnoss replied that if he had known that she would have had 310 chance of gotting a drink there. Thos. Gibbs, relieving liftman at the New Commercial Hotel, gave evidence that when he saw Mrs. Miller in the private room sho did not look to be under the influence of liquor. Cross-examined, ■ witness said that he did not reply, in answer to an inquiry, that Mrs. Miller was not there. Jamos Dykes gave evidouce that on tho evening of February 3 he was standing looking at the by-election result for Dunedm, with a friend. A lady was on his right, and she had been speaking to an old gentleman. She then said "Good evening," to witness. who saw that it was Mrs. Miller. He had only once seen her before, in 'his office, when sho came with two girls about business. She told him, on the night in question, that she had been thrashed by her husband, and it was a pleasure to- get away. She was in a sort of nervous condition, and showed witness her arm, on which was a bruise. They walked along the street, and Mr. Norman Read, who had iust returned from Sydney, met them. Witness said he would have to go, but Mrs. Miller said she knew Mr. Read. Mrs. Miller repeated the story about her husband, and said probably he was looking for her then, or had "spies out." She said she could not go on much longer, or she would faint. Witness suggested that they should go into the hotel, and they went into the private room. He asked her what she would have, and she took a brandy. A message came for Mrs. Miller, and she said; "That's my husband. If he knows I'm here, be will murder me. Say lam not here." Witness turned to tho man who had brought tho message, and said Mrs. Miller was not there. Before they left, Mrs. Miller had another brandy, ftlra. Miller went away, perfectly sober, 'with her two friends. Ho met the woman in the street in a fainting condition, and if he met another woman in a similar condition he would do tho same for her. This concluded the evidence, and the Magistrate said that as far as the licensee was concerned there was no case against him, and the information would be dismissed. The charge against the barmaid, Rebecca Cbadwick, of supplying liquor to a person already intoxicated, was adjourned sine die, to permit Read to give evidence as to the condition of Mm. Miller. OTHER POLICE CASES. Five first offenders for drunkenness were dealt with in the usual manner. Three were members of the Samoan Expeditionary Force, and they will bo handed over to the military authorities. . John Dawson was oharged that he was deemed to be a rogue and a vagabond, in that be was found by night in a stable at tho back of the Alexandra Barracks. Inspector Hendrey said that on accused were found eight handkerchiefs, which had evidently been taken off a clothes-line in tho barracks yard. Accused' was remanded till Friday. James M'Guire, for himself from the s.s. Corinthic without leave was sentenced to'fourteen days' imprisonment. Thos. Days, charged _ with having stolen a pair of spurs, bridle, and otber articles to the value of £2 Bs., was remanded till Friday. Arthur Cheal, a young married man, charged with failing to account for certain money, to the extent of £8 Bs., pleaded guilty. Mr. P. W. Jackson, who appeared for the accused, said that he had been employed by M'Parland Bros., bakers, from July last up till this month. He had borne a good character till he gave way, and took money which ho had collected for' the firm. He had a young wife and child, and evidently found difficulty in making ends meet. Accused was ordered to come up for sentence when called upon, on condition that he refunded the money at the rate of £1 per month.