RESIDENT MAGISTRATE'S COURT

Daily Telegraph (Napier), Issue 2982, 15 January 1881, Page 3

RESIDENT MAGISTRATE'S COURT

Saturday;, January is

(Before Captain Preece, R.M)

Mr E. M. Plank, of the Commercial Hotel, Port Ahuriri, was charged on the information of Constable Harvey with keeping his house open and selling liquor on Sunday, the 9th instant. Mr Lascelles appeared for defendant.

Mary Fisher, examined by Inspector Scully, said: She was wife of John Fisher, and resided at the Spit. On Sunday, the 9tb, she went to the Commercial Hotel to get dinner beer. She saw Mrs Plank, mother of the proprietor, and asked for two bottles of ale. Mrs Plank said she could'nt serve her, as it was forbidden. She afterwards asked Mr Plank if she was to serve her (witness). The two bottles of ale were afterwards left on the table, and a daughter of witness', who was in the employ of Mr Plank, brought the ale out in a kit and gave it to witness. She left 3s in the hotel for the beer. Mr Plank promised to send the beer home by her (witness , ) daughter. Cross-examined by Mr Lascelles: I pressed Mrs Plank to let me have the beer. I spoke to Mr Plank as well. All ehe knew was that she got two bottles of beer' from her daughter, and that she left 3s on the table of the hatel. Mrs Plank was there when witness put the money down. Mr Plank asked witness to leave the money on the table. Margaret Fisher, daughter of last witness, said she was living at the Commercial Hotel, Port Ahnriri, on the 9th instant. Her mother came to the hotel on that day for two bottles of beer. Mrs Plank said the constable was on the bench, and she would send the beer down by her (witness). She saw her mother coming to the hotel again, and brought two bottles of ale from Mrs Plank's sitting-room, and took them to her mother in a kit.

Mr Lascelles said the case must fall through, as it had not been proved that the witness Fisher was not a bona-fide traveller, and again it must be proved that Mrs PlaDk had authority from the defendant to serve this beer. A number of authorities were quoted in support of this.

E. M. Plank called, stated that he was proprietor of the Commercial Hotel. He did not authorise his iiother to sell the beer in question. He believed the beer was sold, but it was done without his knowledge or authority. He saw no money paid. Cross-examined by Inspector Scully : His mother asked for two bottles of beer, and he went to the bar and handed tnem to her. Did not know they were for Mrs Fisher.

Mr Lascelles addressed the Court, and His Worship said that, seeing that the evidence of the principal witness was somewhat contradictory, he would dismiss the case with a caution.

The Court then rose,