RESIDENT MAGISTRATE'S COURT.

Daily Telegraph (Napier), Issue 4088, 28 August 1884, Page 2

RESIDENT MAGISTRATE'S COURT.

Tins Day. (Before Captain Preece, R.M.) POLICE V. EBBETT.—ALLEGED BREACH OF . LICENSING ACT. Mr Lascelles and Mr Lee appeared for defendant. Major Scully conducted the case for the Crown. . Mr Lascelles took objection to the information on the ground that the defendant was selling grog on a Sunday, but no mention was made as to whom the liquor was sold, whether it was a lodger, or traveller, or to whom. To the charge thus laid there was no answer to he made. It was material to tho defence that it should be disclosed as to whom it is alleged the liquor Avas sold. His Worship took a note of the objection, but did not think the information required to be amended.

Major Scully said the information was laid in precisely the same way as all other similar informations had been.

G. W. Cullen, clerk of the Licensing Committee, sworn, deposed to issue of a 10 o'clock license to the defendant as occupier of the Royal Hotel in the Central licensing district. Defendant had subsequently transferred his license to Mr Lowten. Defendant had no control over the license—that is, the actual document. By Mr Lascelles : Nothing can bo done further till the next quarterly meeting of the Licensing Committee. Peter Hargreaves sworn : I am a laborer, residing in Napier. I knoAV the defendant. I recollect Sunday, July 27. In tho morning at break of day went to look for some money a little girl had lost over night Witness deposed as to what he did and to Avhat he drunk during that morning. Malonev gave him some money to buy some beer. Went down to Ebbett's and called for half a gallon of beer. Told defendant had nothing to put the beer in, and defendant brought out a jug. Witness said Maloney would send it back again. There were six at Maloney's when witness brought back the beer, and there was not enough liquor to go round. Maloney gave Avitness more money, and told him to go back for another half-gallon. As the beer Avas supplied it Avas paid for. Witness broujrht back tbe beer. By Major Scullv: I took two drinks out of the first half-gallon, and one drink out of the second. On Monday last I Avent down to defendant's and told him the police Avere bringing an action against him. He denied that I had ever borrowed a jug from him. By Mr Lascelles—lt Avas a little after 7 when Willis met me at the corner of Doctor's Gully. We went to Roulston's hotel to get a nip, but Avere refused. Wo went afterwards to Maloney's ; did not expect to find a nip there, but thought lie would "shout"—that is, give me tho money to get it. I was not particular Avhere I got it. I Avent to Ebbett's because it Avas tho nearest. lam unaccustomed to drinking. Sometimes, if I take a nip, I am almost mad ; at other times I can drink a bucketful. At Ebbett's I recognised defendant and his Avifo. I did not notice anybody else. I asked for half a gallon of beer, and said it was to go to Maloney's, who would send the jug back. I paid for the beer Avith a two' shilling piece. The second half-gallon I paid for with two single shillings, Avhich defendant took up. Charles Maloney sworn, deposed that he knew both defendant and last witness. Recollected July 27. The last Avitness was in his (Avitness's) house on that day. At 1.30 o'clock Avent down to the hotel. Met Frawley and Thompson at the foot of the stairs. Frawley Avas drunk, and objected to go to bed. Thompson then went into the bar. Mr Lee objected to the evidence. Witness continued : Frawley asked for drinks for Avitness, Thompson, and himself. They had somo beer. Previous to that witness had had beer. That previous beer was poured out of a Avater jug. Afterwards witness gave the jug to a child named Christiansen. In the Royal Hotel, after Frawley had shouted, witness shouted. By Mr Lascelles: Had two drinks in his oavii house that morning ; there Avas only half a gallon of beer amongst six. Hargreaves was not drunk Avhen he calleel at his house. Did not tell him to go to Ebbett's. Did not mention any particular publican. Was not in tho habit of taking beer before breakfast. John Dunn, before being SAVorn, refused to give evidence unless he was paiel. On being told he Avould be committed he took the usual oath, and deposed that he Avas a laborer. KneAV the defendant. Recollected Sunday, July 27. Knew Peter Hargreaves and Charles Maloney. Was not at Ebbett's on that day. Was at Maloney's, and had two glasses of beer. SaAV tho beer brought in a jug. Gave a shilling toAvards the payment of it. John Christiansen, aged 7, knew that people Avho did not tell the truth would go to tho fire. Ho was then SAVorn. Mr. Lascelles characterised the form of oath as a solemn farce Avhen administered to a mere child of 7 years. Witness knew Mr. Maloney. Recollected Mr. Maloney giving him a large jug. Took it to Mr. Ebbett. W. G. Cullen recalled and produced the Gazette notice of his appointment as clerk to the Licensing Bench. This closed the case for tho prosecution. Mr. Lascelles said the Avhole charge was supported Avholly and solely by but ono Avitness, who had contradicted himself, and who might just as Avell havo laid the charge against the Criterion or any other hotel. From the informality of the information he (Mr. Lascelles) was debarred from calling a single witness in defence. His Worship reserved judgment till after the other informations against defendant had been heard.

The second information Avas for selling licjuor to a person in a state of intoxication. Evidence Avas taken, and judgment reserved till 2.30 p.m. A third information Avas withdrawn. His Worship at that hour delivered judgment, fining defendant on the first information £2, costs 17s, and witnesses' expenses 17s, or in default fourteen days imprisonment Avith hard labor.; and on the second information awarded £10 fine, costs lis, and witnesses' expenses 17s, or in default two months imprisonment with hard labor, the convictions to bo endorsed on his license.