MAGISTRATE'S COURT, HOKITIKA

Hokitika Guardian, 4 December 1920, Page 1

MAGISTRATE'S COURT, HOKITIKA

FRIDAY; DECEMBER 3, 1920

(Before C. U. Ofr-Walker, Esq. S.M.)

AFTERNOON sitting. Police v. J. I/. Fowler (Mr Sellers) a charge that 'being the licensee of the Central Hotel, he did. fail to adnut without unnecessary delay Sergt. McCarthy. A plea of not guilty was entered. ' Const. Flewellyn gave evidence that on the 27tli. November, at 11.15. pin., in company with Sergt. McCarthy lie saw a man come out of the side entrance of Central Hotel, in-Fitzherbert Street. Then saw two men come along to the side door and' stop. They then went,to the corner, where one stopped and the other came back of. the door, called out and the door opened .and the two men went in and the door was. shut. Witness and the. Sergt. then went to the side door. Heard voices and a door opening at the front of the building. We went to the cornel,, directly under th e balcony. Heard someone on the balcony walking to each end. They heard steps to the side door and going there found a. boarder outside on the. step., Sergt McCarthy . caught hold of the handle, hut as he did so,' witness heard the key turned in the (lock. Th)e Sergeant knocked, loudly, and called out “open the door,, the police are here.’? Then beard footsteps ; walking away from the door., , The Sergeant then knocked again.. Could then hear a scuffling of footsteps and talking inside. Then there was ?ilehce._ Thpre were four knocks and demands for entrance made, three or four minutes elapsing from the first knock till the time the dqor was opened by the licensee. .Asked why he did not. answer the knock before, the licensee said he opened tlje door as soon as he heard the knock. Only saw the.licensee in the hotel. The back door of ; the main . passage was wide .open. Before entering the hotel found the hack gate was locked., Sergt: McCarthy gave evidence in support up to the point where he y’ent into the house with Constable Flewellan. As witness got to the door, the hoarder was standing on the top step. Swung him round and made a. g ra P f° r the door, but was too late and as he grabbed the handle, the lock was turned. He then immediately knocked and called out loudly. Then steps .were heard going away from the door. There was no question of the knocks being heard all over the house, and lie called out in a tone that'could be. heard a reasonable distance away. Knocked four times, and tlten all noise had ceased, and the licensee opened the door Considered he was at least two minutes outside the door before being admitted. Afterwards went out into the back yard, and heard a general scramble as if someone was getting over the fence, which was arranged suitably for this purpose. This was the ease for the police. For the defence Mr Sellers put the i licensee, J. L. Fowler, in the box. He deposed he was in the' private parlor when someone ,said there was a knock at the door. He went to the door and opened it, and the Sergt. and Constable came in. The Sergt. made up the stairs and witness stayed in the passage with the constable. The Sergt. then came down and went out the back. The step over the fence, was erected about five weeks ago to enable him to get into the garden. Had been suffering from rheumatic gout for two months. , He never heard any knock at the door. Ho could not dispute what the Sergt. said about four knocks, but lie dul not hear them.

To the Sergt.—Any one in the house let people in or out. One of the family or the hoarders. He conlid not say who let the two men out, or who let the boarder out. Witness did not, as he 'was in the private rooxn. Alexander Good deposed, he was a boarder at the Central Hotel. On the night in question, he was going up the stairs when ho heard a knock at the door.. He went to a. room on the top of the stairs, then he, heard someone say, you stay, here, and then the Sergt. came up, had a look up the passage and went down again.. He let no one in of out that night though he did sometimes. It .was, about a minute from the time he heard the, knock, when the Sergeant came up the stairs. Malcolm Bethune depqsed he was a railway employee,, boarding at the Central, Hotel. ...lie went .back to the hotel about 11.20 p.m. apd again went out the door closing it after him. He : heard someone come along to the door after him and.lock, it. The Sergeant came along and pushed him out of the way and tried the door. To the Sergt.—He saw no one in the passage as he was going out. He would swear he <lid not walk on the balcony that night; before he came outside. JudgiTient w’as reserved.