Resident Magistrate's Court, Foxton.

Manawatu Herald, 20 January 1894, Page 2

Resident Magistrate's Court, Foxton.

( :v efore H. W. Brabant Esq, R.M)

Thursday, January 18

(Continued).

Archibald Keith was charged that he did on the 28>-d of Deeemb -r sell liquor to one John Hays when he was in a state of intoxication.

John Hays deposed— Ho was 18 years of age and lived at Shannon ; the la<t two witnesses a man named Joe and him*>!f went to Keiih's hotel ; remembered having 2 wines and having his hair cut and also going into Broadb-nt's and one more drink when he returned to Keith's ; only remembered seeing Anderson at night ; went to Keith's in the ev-ning and went home some time after 10 o'clock; felt pretty well all right, bnt waa sick all about tho room that night, always was after drinking. By Mr Co >k— Do not remember wanting to tight And rson, or his hitting him ; had no conversation with Howe abouc th* case ; Howe never asked him to say Mrs Keith was in the bar.

By R.M —They said »t the other hotel his drink was stopped ; did not know how many times he had been drunk in Keitlrs house, a few times, also in the other home but not sine? Broadb? nt had been there ; am genera'iy working near these houses. Con-table Gilleapia deposed — William Howe kn-w nothing about any information being laid when he gave the particulars ; he obtained it on the way up to Keith's hotel and ii is the same aa he has given to-day; he laid the information as from other persons, he considered Keith was to blame in supplying this boy. Mr Cook considered the can?) shoull be dismissed, as there was no evidence of the fact.

The II. M said that be considered there

wag a saae t« Rnawor.

Archibald Keith deposed — He was proprietor of the Albion hotel at Shannon ; s&w Hays on 23rd December at a quarter to 1 ; supplied him a drink about 2 o'clocs ; left bar at half-past 3 ; afterwards 1«h second son was iu the bar up to 8, then both were there ; saw Hays in the evening in a room, got no drinks from witness ; Hays was all right up to half-past 3, he was sitting outside of door of hotel ; Howe came to hotel wishing for an apology, which he wanted the 'Mrs" to make; came before summons was delivered ; said he wasn't to go to appear at the Court at ali ; he saw Mrs K-ith.

By Constable — Did not serve Hays with drinks at all, but on!y with drinks that were calKd ; Howe paid for the drinks ; the evidence given by witnesses iB not correct ; was in bar from 2to half-past 3 ; do not remember seeing Anderson at all that day ; think he did see Muir there at half-past 2 ; did not see Hays after 2 till between S or 9 o'clock.

By RM. — Rf collect the constable asking him to refuse to serve Hays with liquor.

James Floyd deposed — Saw Hays in Keith's hotel on 23rd December about 2 ; he had a shandy-gaff and then left for the next " township " (abglice, next public house) ; he did not see him again till he was going home about 4 ; would say he was "?ober, lie was walking " pretty straight ;" saw him with another party on the road with a bottle.

By the Constable— Got to Keith's on 23rd December, Btayed that night and until Monday; left Keith's little after 8 to go to river ; when Hays left with 2 or 3 others he went towards Broadboms and two went into the store. >

William Wells deposed -He was at Broadbent's hotel on 23rd December between 3 and 4 ; Hays asked him in ; Floyd went in then ; he was sober then ; Havs had one drink and then left ; Howe had said lie " would have Mrs Keith out of it.."

By the Con.- table— Wns only in a few minutes ; might hav* b en id Keith's hotel in the evening but did not see Hays.

Angus Keith deposed— Saw Hays a little after 1 on 23rd December and saw him about half-past 3 in the passage, Beemed perfecily sober ; he had a drink at the bar with the Howes and wi-nt out : Howe asked him to have a drink ; Hays went out hen ; he was sober ; a quarter of an hour afterwards he was going home ; heard of a row with Anderson ; saw him again between half-past ft and 7 that evening ; he had on different clothes and had a black eye ; was then quite sober ; was in hotel for some time ; was in the bar nearly all the evening ; suppli' d Hays Hays will no liquor; Hays went home closing up time at 10 o'clock.

By the Constable — Supplied no drinks to Hays ; heard he had vxo from (witness's) father, 2 shandygaffs ; supplied no liquors to the young men who were with Hays ; did not wo them silting down playing cards ; could not remember the names of anvoue who were in the hotel knocking about or drinking that afternoon.

A. McGlashan deposed — He saw Hays outside Kmh's hotel b»Uv.>en 3 aud 4 ; he spoke : saw Howe and his brother there ; Hays seemed in a " perfectly good condition ;" he spoke and waked all right.

By the Constable — Wa? not dressed up on that afternoon and had no musical instrument in his hand.

John Smith depos-d — Saw Jack Hays at dinner, and again at 6 30 in the commercial room of Keith's hotel; he was soh»-r ; ho told him about his black eye ; saw Hays there for about an hour.

By ih° Constable -Dili not see Hays between 1 30 and 8 ; could not say when ho left in the evening.

James Small deposed— S;iw Hays about 2 or 230 on the road coming from the Club, h«? was apparpntly sober ; saw him about. 6 30 or 7 ia *he commercial room in Keith's, he waa sob r then.

Thomas Wilson deposed— Saw Hays between 3 and 4; wa3 in the stable where witnesß was working ; he might have been there a quarter ot an hour ; he appeared sobur ; saw him between 5 or 6 but he was dressed diff rently ; he was going to the hotel ; asked him about his eye, he said h* had ' tramped on it." By the Constable— The stable was Keith's were Hays was ; it was somewhere about 4, he was not very positive. Tlin R.M. said the defence is a d-nia), first that defendant denies be served the young mau at all, and secondly that a number of witn -sses had sworn that Hay? was sober, though the witnesses for the prosecution had sworn h» was drunk. Tha R.M. reviewed the evidence for the prosecution, slaiing that if Anderson was to be believed Hays must have been beastly drunk. Ho would remark thai the evidence of William Howe was commented upon by the solicitor for the defence, as he had shown he had a feeling against the wife of the defendant, but ho admitted the fact, and if his evidence stood alone it might have been subject te suspicion but it waa so fully borne out by all the others. He regretted to state that he looked upon the evidence of the witnesses for the defence as very rash swearing. It waa not clear how they fixed the particular hour. He did not suppose they came to commit wi'ful or corrupt peijury but anyhow it was very rash swearing. The evidence given was of little value. For these reasons he believed the evidence of the prosecution, and convicted. The defendant was fined £5 and costs 21s, witnesses, 59s 3d. The R.M. said the Court would make a Prohibition Order against John Hays for the space of one year.