Feilding R.M. Court

Feilding Star, Volume VI, Issue 46, 30 September 1884, Page 2

Feilding R.M. Court

Monday, Sept. 30th, 1884. (Before H. L. Sherwill and F. Y. Letbbridge, Esqs., J.P's.) ALLEGED BBEACH OF LICENSING ACT. M. K. Samuel, proprietor of the Endymion Hotel, Awahuri, was charged on the information of Constable Gillespie, that, being a licensed publican, he did unlawfully refuse to supply William Southworth with a meal when requested" to do** so on the 18th day of September instant, contrary to clause 129 -of" the Licensing Act. Defendant pleaded not guilty. Mr Prior for defendant and Mr Staite for Sonth worth.

William Soutbworth, at whose instance. . the charge was brought, deposed:, Wa* travelling to Sandon, and was carrying a swag; went into the Endymion Hotelabout a quarter to six ; asked if he could '. have tea ; defendant said it was over . hours ago; bought some biscuits at the opposite shop' ; returned^ and ' defendant would hot let him'sit down by the fire.*:* *

The constable here explained tliat it was a police case, and he was prosecutor, and he objected to the witness being examined by Mr Staite, - The Bench ultimately allowed Mr Staite to watcb the case simply on behalf of 'Iris client. .'■■

Witness, cross-examined, said he did not stop at- the hotel ; did not ask for a shake down ; defendant did not tell him he could. sit by the fire; sent a letter to tho Peilding Stab ; [The original copy of the letter was here read to witness, who asked to be shown the envelope] did not know if he wrote the letter ; [Mr Staitehere explained thnt witness' pnrt in the letter was the signing'of bis name;} witness being shown, the envelope said he did not sign it, and Mr Staite said it'ap^ ; peared to be in bis (Mr Staite's) writing, and explained that the envelope in whi^U the letter was sent through him to the Stab was opened by hjnii and he put it into another envelope aod signed it.

Witness fnrther deposed : Saw the constable come in. and Mr Samuel invited bim to tea ; did not know it was the constable till he had gone, so did not complain to him.

Tbe Bench here said tbe witness was not in a fit state to be examined, and that the constable had better put some one else; into the box.

Mtcftael Hanlan, late in the employ of defendant, corroborated the evidence of the former witness ns to bis being refused to be supplied with tea.

Cross-examined : Heard nothing about, the case till that morning ; took his own discharge from defendant ; did not leave' because he was refused beer ; defendant bad re f Ußed him that morning; the constable had uot spoken to him about the ease; tbe man was walking about coi the verandah aU night; told witness he had nothing to eat tbat night ; was quite by accident witness was there on the case at all ; they bad been at Bellve's together that day ; meals were had at all times at the defendant's hotel ; meals were had to suit the wants of the company.

Constable Gillespie deposed: He had business at Campbelltown; was returning and was very wet with having crossed the Oroua, and nearly drowned his horse; pulled up at the hotel and called for a glass of beer, and paid 6d for it; Mr Samuel asked him if he had anything to eat that day ; he offered to get tea if required, but witness said he wanted to get borne; Southworth came in, and remarked, " queer sort of hotels about tbis part oil the conntry," after which witness left. Defendant, examined, fev the Bench, deposed that Southworth arrived, carrying a swag, and asked if he; cotfd -hay^.ijshftjce down, ahd was told w yes''; • afterwards asked if he could- lit by jthe fire,, and was taken into the yparlquf ;,'..wa^ taken '/ifto the billiard room for a shake downt but he said he wanted a bed; and'wotald pay for it;' was then taken upstairs 7 tb a'Wiiroom; would swear he { witnessed riot i refuse him tea, and f thai hp, did not *ask for it ; Hanlan -was no* if* ffieJbar, jrhen the conversation 1 took plWteTabodty the shake down and the fire ;. the constable came », and was asked tfh^.^Quld have some teal :■.}•• y .f ; : ..-,...- i ..-._ The* Bench, after > a few'ntfment. consultation, considered there' w&8 not' sufficient evidence tb convict jj? fen^ant* arid that the charge would bedismissed.