THE LICENSIHG LAWS.

Gisborne Times, Volume XXIV, Issue 1937, 20 November 1906, Page 3

THE LICENSIHG LAWS.

ALLEGED SUPPLYING TO INTOXI CATED PERSON,

At tho Magistrate’s Court yesterday, before Mr Barton, S.M., several alleged breaches of the licensing law were dealt with. The cases caused considerable interest; amongst tho public, the Court being crowded.

Tho first case called on was that of Selim Ferdinand Hcdlund, of the Turanganui hotel, who was charged with selling liquor to an intoxicated person on October 25th.

Mr Stock appeared for defendant, who pleaded not guilty. Sergeant Williams conducted the ease on behalf of tho police. William Hogan, laborer, living at , Wainui, remembered the 25th October. He was at the late Patrick Dougherty’s house at Warnui that day, having slept j there the previous night. He went to ; Gisborne with Dougherty in a spring , cart on tho morning of the 25th ; - his brother Edward was with them. Before leaving Dougherty’s bouse witness had a s glass of beer. Deceased, Francis Dough- f erty, also had a small glass of beer. After 6 this the three of them finished two pint j bottles of beer. Deceased Dougherty had E nothing previously that morning. Deceased was under the influence of liquor when a they left the house to come to town in the c spring cart. On arrival in town they | went to the Turanganui hotel. The drive c from tho house to the hotel took about a t quarter of an hour. When witness ar, c rived at the hotel he had a glass of beer; j this was supplied by tho licensee. $ Dougherty had a small shandy-gaff, j Dougherty appeared to be sober when he went into the hotel. Witness could not s say, “ quite sober.” He was under the in- <3 fluence of liquor. It was not very noticeable. Witness remained in tho hotel half 0 to three-quarters of an hour. Witness had j another glass of liquor before he left the hotel, and deceased Doughterty also had £ another small shandy, Witness could not remember at what time he left the hotel. Defendant supplied them with all the liquor they had. Witness and others drove away in the spring cart they came C down by. There was no difference in f Dougherty’s appearance after having the \ first glass of shandy-gaff or the second p glass. It would not take five minutes to drive from the Turanganui hotel to £ Mrs How Chow’s boarding house, t Dougherty was driving the cart; he drove quietly for awhile until he got near 0 the turu, and struck the horse and drove b it at a gallop. Witness' brother tried to 1 gat the reins from Dougherty, Witness a said there were eleven pint bottles of beer t in the ttap ; they got this at the Turangauui Hotel. They did not drink any y of this on the way out to Dougherty’s d bouse. Deceased (Dougherty) feli out of t the trap and was killed ; be dropped the g reins on the oart. When Doughoity gal- t loped the horse and fell out he was uodor b the influence of iiqaor. Witness could not I say be was druok • d Gross examined by Mr Siook : Before y saving Dougherty all the beer we had was i; wo pint bottles between the three of us, t and Dougherty had a glass. When he got f to the hotel he bad a glass of shandy, bav- ) ing another before be left. Tho beer they a had at the house had been a glass apiece, a By Mr Barton : The three bottles were equally divided between us. d By Mr Stock: lLoeased could not have a had a pint before leaving the bonse Wit- 1 ness would say ho was under the influence of drink. He spoke quietly. When ho a drove away deceased noticed tho seat in e tho cart was not ia tho proper place and s adjusted it, Tho liconsoo of the s hotel filled the battlor. Deceased and jDougbmsy both wont out and got straw envelopes for tho bottles. These Btraw envelopes were put cn the bottles by wit- i noi-s EDd his brother. , Witness continued : Dougberiy went 1 out of tho hotel, and as bo was going out | he said to my broth,-r, '* There is not muoh tacker at home. Do you think Cox’s atoro is open ?” Up to that time Dougherty ( appearod to bo sober, Dougherty drove quietly for a mile or a mdo nod a half ; the read ia narrow where it suras off, and at tho rate the horse was going a sudden jerk might havo knocked Dougherty off, as he was driving with loose rein. By tho Sergeant : Is was out of two pint bottles, not quarts, wo drank the beer we bad before wo left Dougherty’s. Edward Hogan, laborer, living at Kaiti, remembered 25:h October ; be knew deceased Franois Dougherty ; w tneo* went to Dougherty’s house at Wainui about 11 o’cleok that morning; at Dougherty's house witness had two glasses of beer ; 1 Dougherty bad a sma ! l drop in a h- If \ pint glass ; witness should say about a : medium glass ; his brother was present ; they bad two pint bottles between tho three;

he was sire they weio pirn bossies; after drinking the liquor Dougherty was under the influence of drink ; deceased was able to talk sensibly, and waik straight ; witnosa could nos say whether Dougherty bad any drink previously, but he appeared to have had some ; alter drinking the liquor at the house Dougheity came out in tho paddock and helped wit ness to catch the horses; witness corroborated his brother’s evidenoa of oomic-g to town, and the visit to the Turanganui Hotel ; witness was su;o that deceased was alright when at the Turanganui Hotel ; witness war sober; Dougherty was muddied with drink when bo went to Ithe Hotel ; witness described the drive home, ataiiDg deceased drove quietly for three quarters of a mile, when he pulled

up nt Single's store ; got out of tho oart, and bought soma goods, getting in and on* of tho cart without assistance, docoased drovo oil again until within a chain or two of his own turn-oil’ road ; tho docoased thou drovo tho horso at a full gallop ; tho horse wns usually quiet; witnoss asked Dougherty to give up llio roins but ho refused; tho cart was then travelling off tho crown of tho road on tho sido deceased was sitting; witnoss asked Dougherty to | give up the roins as it was dangerous to I drive fast, the road being narrow, besides which tho oart was off the crown of tho road.

, Cross exatninod by Mr Stoclc: Dough cu'ty know wlmt ho was doing when ho loft (ho house and when ho helped mo to catch the horses he was talking soberly about various matters, grassing the paddock etc.; Dougherty helped to shift the seat in tho cart, calling attention to it himself; while driving iu town witness and Dougherty woro discussing various matters and Dougherty was talking quito soberly; if witness had not known liohadsomo beer ho would have appoared quite sobor; when witness went out of tho hotel to obtain straw for tho bottles Doughorty eamo out and showed witness whoro to got tho straw envelopes ; at tho spot whoro Doughorty fell out it was vory rough and a sudden jolt would havo caused him to fall out. -By Mr Barton : Doughorty had no I liquor between tho timo he left the hotel until ho fell out of tho trap. |

' John 13. Bel), stook drover, living at t Wylie's, know tbo late Francis Daugherty. , 'Witness saw him on the "25tb noarly opposite How Chow’s Crfifo Palaoo in a honvy springonrf. The two Hogans woio with Dougherty, Dougherty was driving. Witness waved his hand to them as ho pissed the springoart. Daugherty appeared to tako no notioo, WitnoßS passed within throe yards of the springonrf. Witness saw Douglun ty plainly, and noticed his oenditioo. Ho oppoarod to witness to bo drunk, Dougherty was bending down, bolding the roins, which were loobo. Tho horso appeared to be going as it liked. Decoascd (Dougherty) appeared to be drunk,

By Mr Stook: Witness would say be was drunk- Oa beiDg asked how long he was passing the cart, witness said " three minutes,’’ whioh raised a laugh in the oourt, whioh was instantly suppressed. Continuing under cross-examination, witness said Dougherty was sitting hunohed up in tho cart, and witness judged he was drunk. Witness could generally judge when a man was sober. i Mr Stock : This is a serious matter, and I want to know how you knew Dougherty was drunk. Was it because he was sitting up in a hunohed position with his ber.d down ? Witness said ho jumped to bis own conclusions. Prossod by Mr Stock, witness said he oiuld judge when a men was drunk by looking at him. Mr Stock: You're a very extraordinary man.

Mr Barton said this might bo. He had ' himself passed a man driving the other day, and he had no hesitation in saying that man was helplessly drunk. Mr Stock : Yes, your Worship, but then the man you speak of was rolling about perhaps or giving some other evident signs. In this case the witness says a man is drunk just because ho is hunched up and doesn’t speak when a hand is waved to him. Under further cross-examination witness said ho might have boon mistaken. Mr Stock: Would you be surprised to know that one of the Ilogans had said that half a mile from where you mot him at Single’s store, deceased got out of the cart, bought some things, and got back again without being assisted ? Witness replied that if Dougherty had done that he could not have boon drunk. Mr Stock said there was absolutely no case. Both witnesses had sworn that tho man Dougherty had not lost liis normal faculties. Sir .Robert Stout had, in his decision in tho caso of Brown v. Boden, said that a man was not intoxicated until lie had lost liis bodily and mental faculties. He (Mr Stock) thought Mrs Single should have been called, but as ho understood the Sergeant had interviewed her, he might tell the Court what she thought of Dougherty’s condition. In reply ti Hii Worship, the Sergeant stated that in conversation with Mrs Siogla on tho telephone that lady had stated Franois Dougherty had got out of tbe oart by himself and came into her ; shep. i

His Worship said in view of the decision of tho Chief Justice, he canid not record a conviosioo, The Chief Justice had laid it down that a man wa3 not intoxicated until he had lost his bodily and mental faculties. There was no evidonoe of shat ; on tbe contrary, the man seemed to be have boen able to wa'k about and direct what was being done with the beer. He would dismiss the information.

A furshor information was brought against S. F. Hedland for permuting drunkenness on his premises. Mr Barton said there wai no use going on with this information, and ordered it to bo dismissed.

CHARGE OF BEING ON LICENSED PREMISES.

William Mnrphy was charged that on October 4th, being a Sunday, he was found on the licensed premises of the Waerenga-a hika Hotel, for an unlawful purpose, Mr Stack appeared for defendant, aad Sergeant Williams oonducted the case for the police.

Mr Stock admitted that defendant was on the premises on the day mentioned, but denied that he was there for an unlawful purpose, ' Defendant was a personal friend of tho proprietor, and was there at his invitation.

Constable Doyle, stationed at Te Karaka yisited the Waorenga-a-hika Hotel on Sunday tho 4th inst. at 1.15. On going into tho commercial-room ho saw defendant standing in the recess leading to the bar, there were three others with him; the bar slide was open and George Patterson Priestly, tho licensee, was in the bar; defendant had a glass of boer in his hand ; witness asked licensee : “ Are you keeping an open house on Sunday ? ” “ Yes, these men are friends of mine just arrived from Gisborne, they are having some lunch; ” defendant asked me to have a drink; witness said “no, you have already had too much the defendant was under the influence of liquor; defendant drank tho beer he had in his hand, witness asked for names; ono, Jones, said; “What do you want “to know for?” Witness replied, “ because I am a constable and I want to find if there is any lawful excuse for you ; ” ho said, “ cannot a person come and get a meal here ? ” Witness said : “ Yes, but as soon as you ask for boer you commit yourself.” Three others were in the place besides tho defendant. By M: St.ck: Defoudaot told witness he W 53 staying for lunch. Defendant did not Stll witness the licensee had invited him to luoob. The two others wore Gisborne moo.

This closed the case for tbs pores. For tho defenc?, Mr Stock said that on this particular day hia c'ieDt wont io Ta Karaka wi;h a friend for a drive. When passing too hotel Mr Priestly, who was on old friend of defendant's, stopped tho

trap, nnd at the invitation of Mr Priestly he remained behind to lunch with him, leav-

ing his friend to drive od. Two other friends of Me Priestley’s joined thorn aitor

the garden and improvements had beer? inspected, both from Gisborne, and Mr Priestley asked them ail to stop for lunob. On going inside he asked his guests to have an appetiser before going to dinner. Ho considered tbo lioensoo was perfectly justified, and there could bo no offenoi against tho Act. It would be preposterous if an hitelkeeper oould not have his own friends to tho houso; it was unfair. Mr Barton: He ought to bavo taken his frieado to a private room, Tbo defendant, William Murphy, went into the bos. He went to To Karaka on

Sunday, 4:h in at., with a Mr Eassmussen ; ho knew tho liosnseo of tho hotel, Mr G. Ptiestley, very well ; they used to live at tho same plaoo together at the British Empire Hotol ; Mr Priestley had given wiSmss a general invitation to oomo end sao him ; on tho Sunday in question, when witness and his friend had dtiveu a 3 far as Waerenga a-rbika Hotel, they wore stopped by Mr Priestley, who asked him (itfendani) to stop for the day ; defendant acepted the invitation, and his friend, Mr Rassmusson, drove nn ; this was between 12 and 1 o’clock ; Mr Priestley and defendant wont rennd the house and garden, then esme asd stood on tbo verandah outside the hotel, Just at this time Mr Dong

and Mr Fordyoo oamo along on bioyolos ; | Mr Priostloy asked tho throe o ih-m into I dinner ; they were not oxpooiod to pay . for tho dinner; when they got inside Mr Priestley osbod them to havo an op- ‘ p tisor, whioh they had ; no ono paid for to drink ; is was at Mr P.ioßtloy’s invitet oil ; they all bad dinner, and did not pay fo j nor oxpeot to pay for it ; dofonduut OOnsiderod ho was Mr Priostloy’s gnoat ; defendant bad throo or four “ nips ” bei'oro bo loft bis houan that day, but did not I think ho was intoxicated. I By Sergeant Williams: Defondant was at the bote! about on hour boforo tho oon* siablo oamo into tho osmmorolal room ; they wore just having tho drink when Constable Doyle arrived. I By Mr Stcok : Defendant would not havo loft bi i friond lisasmusson to goon by himself if Mr Priestley bad not uskod (iofendin') to stay for dinner, Alfred Frederick Long gave corroborative evidonco, stating that it was at the invitation of Mr Priostloy they wore at tho hotel.

Mr Slock said it wat not nooossary to call Mr Fordyoo, whoso evidence was simply corroborative. Ho asked for tho charge to be dismissed, as tho whole evidence sbovvod that the threo men woie

friends of tho proprietor, and wore on tbe 1 premises ns invited guests Ho quoted authority on the queslion. Ho rlso peiDlod out that if tho proprietor of an hotel could uot invite his persona! friends to spend a dn.v with him it was a great hardship, Mr Barton said tho proprietor should have tnkon his friends to a private room. Mr Strok : But it was a private loom.

Tho whole hold war private on a Sunday Mr Bsttou said ho would roeorvo judg meui.

Several other oharges against ofher parsons in oonuootion with tho samo ease wero also postponed, as they aro hinged on tho judgment in the foregoing ease.

Mr Barton intimatod ho would give udgcneuS on Wednesday next.