Resident Magistrate's Court, Foxton.

Manawatu Herald, Volume III, Issue III, 5 September 1891, Page 2

Resident Magistrate's Court, Foxton.

Wednesday, 2xn SsrTEMiiKR. (before 11. AY. Brabant Esq, R.M.) Cr.IMTNAL. Archibald Koitli was charged with tv,\> offences in that he did permit dmiiAoness to take place on his lie ?ns )d premises, and, that be till svll .liquor to a -.person already in a stofco of intoxication.

' Mr Jellicoe appeared for detendant. Thomas. Gillies deposed -On 17th August I was at the Albion hotel at Shannon ; I was half drunk at dinner time and sober afterwards ; saw Murdoch in the evening, he was drunk the latter part; McCarthy was drunk in the evening; there were a lot there drinking ; saw some one behind the bar, supply him ; Mr and Mrs Keith and their son were serving; I saw them supplying McCarthy ; some were ordered out I went by the passage. Mr Jellicoe paid that he would put in the cross-examination of the witness in the last case. Had one pound ; spent it all ; got money off Murdoch ; I knew what I was about ; I swear that I paid money after 8 o'clock ; I was refused drink by Mrs Keith ; after I had drink supplied to - me ; 'Murdoch came about 3 o'clock sober; all, bar the one Murdoch got for me, because she Mrs Keith would not give me cne, were served to me from behind the bar. By Constable— McCarthy, had 3 5 small scouts one after another ; he' was getting worse. By the B.M.— There was one other man who just knew what he was doing ; Ido not know his name. Edward Murdoch deposed — I was at Shannon hotel the night McCarthy was killed ; could not say ho,w many liquors I had ; had a drink as soon as I went down ; McCarthy may have had some drinks when I met him ; he, I and Gillies had 3 drinks ; I did get drunk and was supplied by the three behind the bar; saw McCarthy supplied with 3 drinks, he had several after, but could not say how many ; do not remember parting company with McCarthy ; we were wrestling outside, I was drunk and believe he was drunk to. By Mr Jellicoa--(Who put in cross-examination in last case). Am not in the habit of getting drank ; I

received drink from Mr and Mrs Keith and their son ; had beer and lemonade from Keith, and beer and beer and lemonade from Mrs Keith ; could not say what McCarthy drank. By the R.M.- There were other persons drinking there ; the house was quiet when 1 went there ; there was a man drunk at 6 o'clock in the house ; I could not say how long he stayed I think he went to bed ; I saw him supplied with drink whilst intoxicated ; he was an oldish man about 50; whilst I could notice, McCarthy was not drunk, but I do not think Gillies was.

Archibald Keith deposed— Saw Murdoch, McCarthy and Gillies at my house on 17th August; there is no truth in the statement that an elderly man 50 years of age was drunk ; I served tho three men once about a quarter past seven ; McCarthy ordered, the drinks, porter, beer and cigavretes ; they were sober ; had no reason to suspect that they were drunk ; I ■ turned them out at 5 minutes to 9 ; McCarthy and Murdoch were quarrelling with each othor ; I closed the bar doors as I feared they would return ; they were sober when they went out.

By the Constable— Saw McCarthy leave the house ; lie v/as sober ; ha .walked out ; I was behind the bar ami my son ; Murdoch, Gillies and McCarthy went out of the bar themselves ; swear I never said at the inquiry that my son assisted them

with a push ; (the evidence having bean read said it v. : as not so). I did not see him push him ; I did make that statement ; I told the Coroner that I did not see my son push McCarthy out of the door ; my son was not alongside of me, he was near the door ; I did not see my son push ; I saw no one the worse for liquor in my house ; he came in at 7 and left at 9 ; bo could not drink 15 porters ; Murdoch Avas not drunk at all ; I supply a man as long as he can stand: By Mr Jellicoe — Pie did not require pushing- out. The two walked out. Isabelle Keith deposed— On 17th August saw McCarthy, Murdoch and Gillies; first saw McCarthy after train came in ; supplied him with a small bottle of English porter ; he took only a mouthful; he left half; I supplied him with no other drink : he was sober ; did not supply Murdoch with any drink ; there was not a drunken man in my house up to the time it was closed ; no one got a glass of beev for Gillies, but one got whisky and handed it to him : my daughter was ill and I told Keith to close the bar as the crowd was rough and using bad language ; Murdoch and McCarthy were skylarking outside till 10, quite sober. By the Constable -Went into bar few minutes past G ; in there honr and half ; from half past six to when bar was closed ; was there all the time and witnessed all that took place ; cannot tell the parties who entered the bar ; saw Gillies, Murdoch, and McCarthy there ; the bar. was full ; they were not drinking at all ; lam quite certain ; McCarthy was quite so'ier when he left ; my son closed the bar ; he did no assist him : with a push ; at the inquiry I said McCarthy had taken a little out of each bottle ; he only had 3 glasses : ■ I was there all the time : I did not see him getting any except what I] gave him myself ; I saw Murdoch, I : could not say if he was drunk or ' .sober ; I fancy he wos a little the worse ior liquor ; I did not see one : ivmn nndev the influence of liquor; '

- _ M-f-t I saw McCarthy leave \ the house, Murdoch and Sullivan \ went with him. ■ - \ Archibald MePherson wsposed— I live at Shannon ; 'Went. wfc Albion hotel on l-7th Aug. j saw jMurdocli with another maAg'arrelw^i they were sober ; I saw mrs -Keith at^^be front door asking them to go away v ; Nothing in their actions or •^conversation would lead one to suppose they were drunk ; Keith's have had the Hotel two months and a half ; they have conducted the kouse very well. % the Constable—Am no friend of Mr -Keith.*; I never had any interest in the house, it belongs to my wife; I do not think .the people of Shannon are against Keith's management ; I swear Murdoch at halfpast nine was not draiik ; he had his coat off challengingr^ome one to . fight.,. ' ' By Mr Jellicoe— Saw Gillies before he gave evidence at the inquest ; he said we had 12 drinks ; I heard him swear 15 at the inquest. Williana Wells deposed—l live at Shannon; remembered the inquest: ' heard Gillies say ; lie would make it hot' for Keith,' before going jntp the i inquest, , By the Constable-, -I, am an expert in drink ; have Had three, beers to' i day; think Gillies went to the enquiry and told an untruth; wits at ■ the hotel that, evening ; could not say if men were drunk or sober. John it. Eussell dgg<>sed Heard ; Keith's evidence at t^pnquiry ; he stated that" his son^^d pushed ' McCarthy out. ..■ ; The E.M. said that he was of s the opinion that there was not suffr ' cieut evidence to support either of ■ the two charges. ) Henry Border was charged with ; sel'inging liquor to a person- already in a state of intoxication, and with i permitting drunkenness to take place i on h:s licensed premises^ '. Mr' Skerrett appeared for Mr

Border. E. S. Thynne deposed— l held an inquiry on the death of William Douglas Smith; Border gave evidence that Smith had given Border £20 directly he came-in ; that Border had given him in cash £5 6s the firs day, l the next £2 the \n''ext, ! and £1 the next ; Border also paid some sump for old accounts, for which he produced receipts ; Border staged that the man arrived in perfect health. The first day he was" calling for liquor continually; Border had stated that for the first week Stnithwas di-unk every day, and for the

second week he was partly drank aud partly sober ; the verdict- of the jury' was that deceased, fyua dfejl of heart disease acceleratedTJ excessive drinking; Border had>menti6ued that Smith had tried, to pawn some clothes with Mrs Border lo* seven shillings, but had . t been allowed to do so. By Mr Pkerrett — Known Border for 6or eight months ; had no-know-ledge of how the hotel was conducted ; Bnr" <er had stated that he had ordered liis b-irman not to supply Smith -on credit, but to take cash only. By R M.—Am.positive that Border i had stated that Smith was drunk for i thfi whole week. ! By Mr Skerrett — -Smith was a i drunken fellow ; was. drunk. as long ! as ho could get drink ; impossible to j prevent him getting drfiak if he hid nioneyV ■':. • ■ ■>■■ , '' , ,-...-<"" Jolin Gillespie . deposed— On the Btli August I went to Border's house }to s'G. Smith;, 'l fouprd he was- so drunk that I could get no answer from him*;. I was. present .at the inquiry before the . Oorcner" and heard Mr Border's 'admissions'. Tri rhe ehd Smith was setting hjs Shirts, and anything he could -get r!d of. By Mr Skerrett ;^Sritifcltf i; 'Vas : in the tap rooni ; he was in a speechless state. ''['"'" Mr Skerrett addressed the Court. The R M. said the case appeared quite different from the note quoted b y Mr Skerf'ott.' „■ H e > considered ' a 2» ima facie case made out. . After tea Mr ; Skerrett; Qalled as rebutting evidence. Thomas Redmond^ wiio.deipqjsfcd — I was barman ; remembered Smith coming to the house ou Bth] August ; he had two drinks on Saturday morning ; he was generally sober ; he went out and shortly after dinner returned ; he seemed muddled ; asked for drinks repeatedly, then laid down in the tap room ; he got up and would have another drink ; I refused ; when the constable came in he. was suffering a recovery; he was able to walk, and attempted -a highland fling ; I only gave him two drinks. By Constable— You roused him up about the money for Mrs Allan j I remarked he seemed " dead \o the Avorld." Positive I did not give him more liquor after .you left;; .what l said at the inquest w.fts ; that j would not supply him with any more liquor ; could not say wh«rtrinonej*£ie had snent, or whft&liquoKi- he •hafl ; may have had 20 for!all\I )k»aw ; the man was not drunk in his \ opinion ; about Mrs Allan's, accbulit, •tried to rouse him up, but cbtMrt I W. Jonas deposed — I am a Mk ; ■ in " ugust was a lodger at Border's hotel ; knew Smith ; recollect Red- \ mond giving him gin and hot water f in the forenoon : was at dinner that ' day ; heard him after 1 o'clock ask for drinks' and get refused ; asked for gin for pain in stomach ; ccrtfW* not say if he got drink in one houfte defy.

.By Constable— Was in the Library on Bth August ; rcmembor you speaking to him aud asking him how he ■' was getting on ; he was the same as L he always was, eccentric; would l^lng afiddance ; was certain he did not'sPpT£2 in the house that day ; saw him shouting for several persons at one time on several occasions. Henry Border deposed — Did not supply Smith with drinks ; was not in the bar during the day ; did not see him supplied with drinks on •Saturday ; when Gillespie came Smith seemed drugged or asleep, oblivious to thing 3 passing around him ; he wttfl quite capable of looking after himself; had given barmsn instruc- j tions not to supply him when thty thought him intoxicated, nor except for cash ; disbursed money to him out of hig cheque when he wanted it ; when refused drinks he. asked for his spectacles, which he sold ; always complained of an affection of the bladder causing pain ; there was no ♦• lambing dowij." By the Constable —Was his banker, cashed his cheque. (Witness detailed the amounts paid.) R. W' Talbot deposed Did not supply drinks to Smith on the Bth ; was in the bar only a short time. ; T. P/ Williams deposed — One liquor would make Smith muddled; had seen the man in the same state in his hotel ; could quite understand Gillespie thinking the man was drunk, even when he had not much liquor. By the Constable — Knew nothing about present circumstances. By R.M.— After two drinks Smith would go off to sleep and could not rouse him ; he would not be drunk ; it was his constitutional temperament ; had known similar cases. W. Hunter deposed— Knew Smith was given to drink whenever he could get it. Robert Austin deposed — « Was Chairman of »the i icensing Committee : heard no complaint ; so far as he knew the conduct of the house hnd been satisfactory. The Resident Magistrate said that there were two informations against Border. On the one for supplying liquor to persons who were intoxicated, he did not think the evidence sufficient to justify a conviction. The second was for permitting drunkenness on his licensed premises. He considered that proved, and inflicted a fine of £5 and costs 75.. Mr Skerrefct asked that the endorsement 6n the license be delayed pending appeal, and that the fine be increased so as to alldw of appeal. After some consideration the B.M. said hff'k&vf no objection, and the fine W-»s increased to £6, the license to remain in the hands of the Clerk of the Court pending appeal.