SUNDAY TRADING

Evening Star, Issue 14932, 19 July 1912, Page 7

SUNDAY TRADING

CHARGE AOATNST AN HOTELKEEPER. George Race, licence© of the Fanners' Arms Hotel, Dunedin, appeared before Mr Bartholomew, S.M., in the Police Court this morning on a charge that he did, on Sunday, July 14, sell beer and whisky. Mr Hay appeared for the accused, who pleaded not guilty. Sub-inspector Cruickehanks said that last Sunday three vottni! men, named Charles Mitchell, Daniel O'Sullivan, and William Saul, were out driving; They returned in the exening, and at about 6 o'clock Mitchell went to Rice"? hotel, while the other two remained at the corner of Jones street ana Princes street, which is handv to the hotsi. Mitchell would say that he knocked at the door of the hotel and asked for two bottles of beer and one flask of whisky. In response to hi* knock the licensee himseli had appeared, and agreed to give the liquor asked for, which was received and paid tor. Mitchell went back to hie friends at the corner, and they drank the liquor, or, «t wit rate, part of it. Saul lived in the neighborhood, and weut home, but the other two had supper somewhere, and siortlv after it Mitchell was arrested tor drunkenness. Whisky and a bottle were found on him. . , Charles Mitchell, driver, of Mormngton, ewore that in response to his knock at tne door of the hotel the Ticensee came, and a«eed to do him the favor ot selling two bottle* of ale and a fiaek of whisky. ine liquor cost 4s altogether. Witness borrowed a glass from defendant, whom he knew verv well. , ... To Mr "Hay: He had not been driving for some time, but had been at laboring work. He had knocked about town all that Sunday forenoon with 0 Sullivan. Thev had had a few drinks. they met Saul between 1 and 2 o'clock, and then went for a drive. They had drink with them—one bottle of whisky—and they could not get a fresh supply. They went as far as the Coach and Horses, near Green Island, and stopped there for an hour to feed the horse and get their own meal. At eupper he had beer out of a bottle opened bv a man sitting at a table opposite him and his mate. It was taking beer on top oi whisky that made him drank. Mr Hay : Were vou asked to sign a statement as to getting' your liquor from Race* Witness: Yes. When?—On Monday morning. When were you first asked where you got the liquor?— When I was arrested. " What did yon say!—l do not know. You don't even know whether you said that yon got it somewhere else than atRace's?—l could not be sure. Daniel o'Sullivan and William Saul also gave evidence. The cross-examination disclosed that the party must have had lb nips out of the bottle ot whisky they had with them. ... Mr Hay said that the defence was a complete denial of the charge, and Mr Race would «iy that the first he knew ot it was when he received the summons two davs ago. The condition of things in the howe on that day was unusual. - vl , l , R^ e had been very unwell with a bad cold. He had got no late, and after taking a hot bath had retired back to bed between 3 and 4 o'clock, and remained there until Monday mornine;. Evidence of this would be given by Mrs Race and by a man named Jones, who boarded t&ere. Counsel submitted that these three men who had given evidence for the prosecution had clearly had a good deal more liquor in their possession than they had admitted, or the one pottle they eaid they had must have been a remarkable one, since they had taken 15 drinks out of it, besides what two of them had in the morning. There was no doubt that they had obtained liquor, but he put it that they had got that liquor from some sly grog-shop, and not from defend? it, who was not out of bed after his bath. Evidence was given, by the accused, who eaid h© did not keep the class of liquor produced in court, and that Mitchell's statement was a lie. In reply to the sub-inspector, he said that he did not drink to excess, and never had been muddled in the course of his business. It was not true that he got muddled towards evening of every day.—-IUTs Race corroborated her husband's evidence as to going to bed on Sunday afternoon. John Jones, blacksmith, 6aid he was at the Fanners' Arm* Hotel last Sunday afternoon. About 3 o'clock he saw Race come out of the bathroom and go to his bedroom. Race told him 'l>at he did not feel too well, and was going to bed. Witness admitted that he was a week-end boarder at tho hotel. Ho had never seen the defendant under the intliienee of liquor. The Magistrate said that he was not at all satisfied with this case, but he had -•ome to the conclusion that the evidence nas not sufficiently reliable for a _conviction. The position for the prosecution was that three young men (two of whom had Seen drinking pretty heavily) arrived back in Dunedin about 6 o'clock on Sunday. It was clear that they had no liquor when thsy arrived hack at Jones street, and that* thoy obtained liquor by some illegitimate means from somewhere. The defence suggested from a sly grog-shop. If the defendant h<;d supplied liquor his offence was a particularly flagrant one, and very reckless. It -secmul exceedingly stiange that an hotclttener wot Id supply liquor on a Sunday in the manner described by the prosecution. In view of discrepancies and tho fact that the evidence of defendant was corroborated by his wife and by Jones to some extent, ho could not convict. The information would be dismissed.