Feilding R.M. Court

Feilding Star, Volume VII, Issue 78, 10 December 1885, Page 2

Feilding R.M. Court

Wednesday, Decembeb 9, 1885. (Before B. Ward, Esq., 8.M.) Hagget v Turner. — Claim £20. Mr Staite for plaintiff, and Mr Sandilands for defendant. This case was heard last court day. The B.M. reseqred judment which he delivered to-day. He gave judgment for the plaintiff for £11, to he reduced to Is, if the horse is returned within one . week. Defendant to pay costs £4 13. - Plaintiff to pay adjournment coats £2 11s. ;' : ' Constable Meehan applied that the A prohibition order against W. 8. Staite be extended to Ashurst. Order made, accordingly. '-Af Borough CounciTv T. Jones. — Chiim^, 12s Bd. The^Town Clerk proved iSr case. Verdict for plaintiff and costs 7s. CottreU v Campbell.— Claim £1 ISs. No appearance. Case struck out. T. F. Reeve, book agent v Alfred Green. — Claim £1 ss. This was a claim for a hook sold to defendant. Verdict for plaintiff with costs. To he paid in a week's time. Same vW. Poad.— Claim £1. Verdict for plaintiff and costs. Judgment to he restrained during defendant's illness. Samev B. B. Fearon.— Claim £l. Verdict for plaintiff and costs. Police v Charles Boe. — Thw was a case where defendant was a licensed .',', victualer who had supplied one, bottle of beer to Samuel Rowley while lhe latter was in a state of intoxication. ' - • J. H. Stevens remembered the date, Saturday November 28 ; was driving down Manchester street; saw Bowley going towards the Denbigh Hotel in the afternoon; he was decidedly drunk. Cross-examined : Called the attention of the constable to the condition . of Bowley, who was on the footpath between Keen's and Boe's ; had known • Bowley for sometime; had. noticed ■■'■' Bowley had a quick manner of walking ; Bowley was interfering with no ' one; he rolled enough to have gone off the footpath if had been near the .. edge. Charles Spearing, carpenter, remembered Saturday November 28th; saw Constable Meehan with Bowley in charge ; at request of the constable went with them to be present when *• Bowley was searched; the man was drunk ; had not seen Boe about this case; the time was about 4.30 p.m. Cross - examined : When witness first saw the constable he was bringing Bowley out of the hotel door; the ••'; constable must have had. hold of him when inside the hotel ; saw a bottle of beer, Bowley had it. in his coat; what became of the bottlo witness did not know; it rnusfc have been half past four in the afternoon when witness passed the hotel ; Bowley was grumbling and growling when he was being searched; thought Bowley was quite bad enough to be locked up. W. Watts deposed that he remembered the date given; saw Bowley coming out Of his own door; he went to Boe's. hotel; he was drunk; saw him afterwards lying down Ir the lock-up j he got up after a while; when the constable looked at his watch at tiie lock-up the time was then * twenty minutes to five. Cross-examined : Went to the lockup with the newspaper on his rounds ; saw Bowley go into the hotel: he was making no noise; he was walking pretty smart ; he nearly fell over when he got off the footpath; the constable asked witness if he thought Bowley was drunk ; Bowley asked the policeman to let him out at night, and to get him : some beer ; his reason for looking at his watch was to see what time it was. Constable Meehan.' deposed that on Saturday November 28th he was standing at the corner of Hamilton's shop ; saw Mr Stevens oome down the street driving, at the same time saw Bowley cross the street, drunk and staggering, and go into the Denbigh Hotel; followed him in, and saw Bowley behind the bar • Mr Boe had his hack to witness, he was also inside the bar filling a bottle with beer, which he handed to Bowley; when witness saw this he took the bottle . from Bowley and tasted the contents, beer; said it was a shame for Mr ; Boe to supply a man in such a state ; Bowley walked into the hall and witness after him ; when: they got in the '.. . street arrested Bowley and locked him up; Bowley was bailed out at 11 o'clock a* night; on the Tuesday following he was brought before G. V, Lethbridge, J.P., and fined ss; Bowley was drunk when arrested. By the Bench.: Any one could see the condition Bowley was in. Cross-examined: Mr Boe said Bowley had got the bottlo of beer, for 6d ; j Bowley was drunk with his head and legs: he was as drunk as a man could [be;- '-A-"; ' "■'' f For the defence Mr Prior asked the Bench to take no notice of tiie conviction; against Bowley the other day.. He contended that the arrest was not a legal one. Bowley was sufiiciently sober to go the hotel for the beer aiid to take it home. Vy-. Charles Boe deposed that he wall ~-. the proprietor of the Denbigh Hotel? remembered Bowley coming into the . . hotel with the constable close behind him; Bowley oame inside the bar door; he had a bottle with him and asked for. 6d worth of beer; had no idea that Bowley was the worse of drink ; had known him 20 years ; oould tell if he had drink in him or not; when he had supplied the beer saw no more of -. - Bowley ; had refused to supply both "'. Bowley and his ohildren with beer; did not see police arrest Bowley. Gross-examined: Bowley paid 0d for the beer. Fred Hoe, a son of last witness, deposed that he was shaved by Bowley on November 28; shaved him in ■ his usual style; he was sober or he would not have let him shave witness; afterwards went to the railway station, > and fron thence to Stevens and Gorton's; called in at Bowley's before

going back to the hotel;' a short time after this heard that Bowley had been arrested; it was a little after three when Bowley shaved him; the time between the shaving and the arrest . might have been an hour, but not more. Cross-examined : Had known Bowley 12 or 13 years; did not know fhat he was drunk half his time; it is a matter of impossibility for a man to get drunk in an hour. ■"William Whisker deposed that on the 28th of last month had occasion to visit -the Denbigh hotel; saw Eowley there; asked him to cut witness's hair ; the. two walked to Bowley's place; the son cut the hair; Eowley sat hy conversing ; it was abont three o'clock; Bowley must have had a s^J&ass of beer or something ;' he was ittber enough to cut hair; Bowley went ont'befo.-e the hair-cutfcing was -finished; was inside Bowley's house when he was arrested, and remarked it was quick work. Cross-examined: It was about three o'clock when he heard of the arrest. The B.M. said that any licensed victualler who supplied liquor to a drunken man was liable to a penalty, nnd such penalty endorsed on the license. Publicans seemed to be unaware of the stringency of the licensing Act. Fined 20s and costs, 21s. Conviction to be endorrsed on the license. TheR.M. said he would add a note to the effect that Mr Boe did not know Bowley was drunk when he supplied the drink. The Court then adjourned.