LICENSING CASES.

Gisborne Times, Volume IX, Issue 893, 16 May 1903, Page 3

LICENSING CASES.

ALLEGED SUNDAY TRADING

At the Magistrate's Court yesterday, E. H. Mackoy, licensco of the Turanganui Hotel, whs charged with breaches of section J 55 of tho Licensing Act. There were three charges, all arising out of the Bruno circumstances cm Sunday, 10th Hay. Tho chargos were : (1) exposing liquor for sale, (2) opening premises for sale of liquor, (o) allowing liquor to be consumed during prohibited hours. Mr It, N. Jones appeared for the defendant, who pleaded not guilty. Jieforo the evidence was gone into, Sergeant Siddeds, who was present, raised a preliminary point as to whether an alleged admission by Mrs Mackey was evidence against her husband. Mr Jones contended (hut tho evidence was inadmissible, on tiro grounds ',l) that Mrs Mackey being the wile ol tho defendant, ovidenco W oui"j be inadmissible against her husband without lus consent, and that it being repeated by a third party would not render it admissiolo; (2) that admissions by a"cnts, although allowable in civil cases, wore not so allowed in criminal cases. His Worship reserved the point, and later on

decided to admit the evidence. The iirat witness was llobcrt Hastie, who stated that he and a man named Frederick Steele wont into the hotel on the Sunday; they found the door of the bar parlor open, but tho bar was closed. They tapped on ti'.o slide, and asked Mrs Mackey (who was in the bar) for a drink. She refused to serve thorn, and they wore just going out when they met So’ gomt Sidduils. Frederick Steele g ive evidence to the samo effect. Detective Nixon deposed that he went into the hotel in company with tho Sergeant. Ho saw a dull light reflected through the bar window, and saw Steele and Hastie come out of tho hotel. Sergeant Siddells deposed that he visited the hotel. Ho heard somebody talking, and was just about to open tho bar parlor door, when it was opened, and Hastie and Steeic came out. Witness walked into the room, and saw Mrs Mackey standing just inside tho bar. On tho slido counter there were traces of wet glasses or mugs. Ho spoko to Mrs Mackey, who was agitated, and asked her tho meaning of it. She replied that sho was only giving them a drink. Ho said sho know she had no right to givo thorn a drink, andysho replied that sho thought

they werpJUavcllers. Constable Hnncox said bo had on tho night in question seen ITastic, who was slightly under tho influence of liquor. Mr Jones quoted several legal authorities to show that tho circumstances did not warrant a conviction, and Ilia Worship reserved judgment until tho other cases .were heard. Tho euso of opening for sale of liquor was then called, Mr Joins defending, and pleading not guilty. Iho evidence was siudhtr to that in the In st ease, excepting that in the latter -It Mackey was called for the defence, and deposed that the bar parlor referred to was used on Sundays as a smoking room. He iiad been ill in bid that day, under tho doctor's care. Mrs Mackey had been with him ail evening until she went down to get some supper. He gave her the key of the bar and a.-ked her to get him a bottle of soda water for a milk and soda diini.-t —-Kbo was not- authorised to open the bar for any other purpose. Site returned with the supper, and ho personally know nothing of toe circumstances. . judgment was reserved until tins morning at 11. Tho police withdrew the third case.