A HOTEL LICENSEE CHARGED

Dominion, Volume 8, Issue 2425, 1 April 1915, Page 7

A HOTEL LICENSEE CHARGED

4> AN INTERESTING CASE ALLECED DRUNKENNESS ON PREMISES. The licensee of tlio City Hotel (Marshall John Donnelly) was proceeded ayainst by tho police ill tho Magistrate's Court yesterday oil tho following charges: (1) Permitting drunkenness on his promises on March 11; and (2) soiling liquor to Charles Semi AVetherall, a. person already in a state of intoxication. Tho barman of tho hotel, James Maher, was also charged in respect to the lattor charge. Inspector Hendrey prosecuted, Mr. J. J. M'Grath appeared for the licensee, and Mr. AYillis for Maher. Pleas of not guilty were entered in each case, while all three informations were taken together. In opening tho case. Inspector Hendrey said that on March 11 a police sergeant and a constable visited defendant's hotel, and found AVetherall thero in a state of intoxication, and sitting in full view of the barman in the hotel. A mug was beside him. The barman admitted the man had been supplied by him with liquor. AVetherall liad attempted to stand up, but had fallen to the ground. Sergeant Fitzpatrick said that on the day in question he visited the hotel at about 2.20 p.m., and in a portion of the bar he found AVetherall and two other men sitting on a form near the counter. AVetherall was nearest to the counter. There was an empty mu;* and a full one near AVetherall. Witness questioned the barman as to whether the full one belonged to AA'etheraH, but lie replied that the empty one was his. AVitness took the mug with the beer, and putting it in front of tho barman, said he did not want any beating about the bush. The barman replied that he ought to know who he was serving with liquor. AVitness said, do you think this man should be served with liquor in this state? He has already been turned out of one hotel. Tho barman replied that AA'etheraH often came in there. AVitness then asked for the licensee, and on his appearance told him that AA'etheraH had been served with liquor. The licensee 6aid to the barman, "You want to be very careful." AVetherall was then asked to leave the hotel, but on rising fell to the ground, but eventually got out .to the street, whero ho was arrested by Constablo Gordiuo for drunkenness. The mail had pleaded guilty to tho offence Hn tho Magistrate's Court tho following morning. In answer to a further question by Inspector Hendrey, witness said at no time did tlio barman actually deny that he had served the man with liquor. . Questioned by Mr. M'Grath, witness said he had turned AVetherall out of the Clarendon Hotol at about 2 p.m. on tho same clay. Ho did not know whero the man went after this until he was found in tho City Hotel. AVhen witness put AVetherall out of the Clarendon Hotel he was in a state of intoxication. but was not drunk. AVitness did not see AA'etheraH pushed to the ground in the bar, and did not hear him protest against this treatment. The man- hfid recovered somewhat on his arrival at the police station. AA'itness did not take the names of any of the onlookers in the bar to act as witnesses, as he considered AVetherall was obviously drunk. A Constable's Evldenoo. Constable Gordine said he. accompanied the previous witness to the City Hotel on the day in question. His evidence was on the lines of that given by Sergeant Fitzpatrick. AVetherall was very drunk, and had to be helped all the way along to.the police station. To Mr. M'Grath: Considering AVetherall had said "That's mine," when the Sergeant took his mug, witness did not think he had lost complete control of his mental faculties. AVitness had not taken AVetherall in the bar of the hotel and shoved him forward a few yards so that he fell. L6gal Argument Postponed. This concluded the evidence for the prosecution, and Mr. M'Grath submitted that it was evident that the charge of permitting drunkenness on the premises must be dismissed. The licensee or his agent must have knowledge, connivance, or have been guilty of negligence in this respect. There was no evidence as to the length of time AA'etheraH was on the premises. Inspector Hendrey: Yes there is. He was on tho premises fivo minutes. Mr. M'Grath contradioted this saying that when ho questioned the witnesses they had no idea'how long AVetherall was on the premises. Tho Magistrate replied that he considered thero was a case to answer, and quoted an English and a New Zealand case in support. Mr. M'Grath reiterated that the police must show how long tho man was on the'preniisos. It was eventually decided to postpono legal argument on this mattor. Tho Licensee's Evidence. Evidence was then called for the defence. Marshall John Donnelly said he had been licensee of the City Hotel since the beginning of the year. Ho had been licensee of three different hotels for the past ten years. _ On the day in question, Maher called bim to say the police wished to seo him in the bar. Witness went behind the counter of the bar. Tho Sergeant said: "This man has been served with liquor, and has already been turned out of one or two hotels." AVitness said, "He appears to be all right," and, turning to Maher, said, "You must bo very careful." The Sergeant then turned to AA'etheraH, and asked him what he was doing. AVetherall replied, "I'm having a drink." The Sergeant then told tho constablo to take tho man from the bar. The constablo pushed him forward. and he fell. AA'etheraH was, however, able to walk unsupported from tho bar, and came back, and made some remark.' AA'itness then thought the incident; had closed. A Breeze. Inspector Hendrey: How long have you a lease of this hotel? AA'itness: Three years. , The Inspector: And how much did you pay for the lease? Mr. M'Grath (heatedly): This is a grossly improper question to ask. Inspector Hendrey: Mr. M'Grath has already practically accused the Sergeant of telling lies, and-I wish to show tho Court anything that may influence defendant's veracity. Mr. M'Grath (advancing): I strongly obiect to such a quostion as that tho Inspector has tho audacity to ask. Inspector Hendrey: Tho quostion I maintain is quite relevant. Mr. Donnelly has made such a figure out of the hotel that might influence his evidenco. Mr. M'Grath (warmly): I wish Your Worship to request Inspector Hendrcy to conlino himself to the facts of tlio case, and not to ask such improper questions, or make such remarks. Tho Mn cist rate interposed that lie did not think there was any necessity for such a question. 'Tho case proceeded, witness being cross-cxnmincd by Inspector Hendrey on his evidence. AA'Hucks said ho had "absolutely never" discussed tho case with any of his witnesses. Tlio Men in the Bar. Charles Cnrdoza was t-ho. next witness. On the day in question he was in t,he hotel. 110 saw Wet-hornll come into the bar, and there was nothing nhn'il. him U> jjiciirs (.<:■ that hp was .drunk. Ho heard him call for ii drink,

and, filling his pip©, sit down On the bench, making a remark to one of the men. When the police came in, the vSergeant said that they had been chasing Wetherall from several hotels. "When, tho constable arrested Wetherall he cave him no chance, but pushed him on to the floor. AVetherall picked himself up, and walked out of tho bar. 'I'ho Sergeant turned to the licensee and tho barman, and told them to be more careful, when Wetherall came back and said, "What am I put out for? lam not drunk." Wetherall was then taken out of the hotel, and on the way to tho station tho man walked ordinarIn the course of cross-examination by Inspector Hendiey, witness said that Wotherall, a perfectly sober man, had been locked .up, and cohvictcd for drunkenness. Archibald Arrol, who was also in the hotel at the time of the occurrence, gave evidence on the samo lines. Wetherall, lie said, was perfectly sober. To Inspector Hendrey: Witness did not protest against a perfectly sober man being arrested. Witness suggested to the barman that tho best thing to bo done would be to got a. doctor to havo Wotherall examined as to hii sobriety. James Maher, barman at tho hotel, said that when Wotherall camo into tho bar on tho day in quostion he was perfectly sober. Wetherall must havo licon a- quartor of an hour in tho hotel before tho polieo came. This concluded the evidence for the dcfcnce, and Mr. M'Gralh said that unless tho Magistrate was prepared to dismiss tho information respecting {runkcuiicss on tho premises, ho wished the ease lo be adjourned pending tho rallinc of N'ctlierall for the dei'enoe, and the hearing of legal argument. The Magistrate: 1 am certainly not going to dismiss tho information in this respect. Tlib mso ivan thereupon adjourned to i MM I'