ALLEGED BREACH OF LICENSING ACT.

Manawatu Herald, Volume XXXII, Issue 823, 7 April 1910, Page 3

ALLEGED BREACH OF LICENSING ACT.

CASK ADJOURNED

At the Magistrate’s Court, yesterday, Henry S. Mnnro, licensee of the Family Hotel, Foxton, was charged on the information of the police with on March 14, 1910, permitting drunkenness on his premises.

Defendant who pleaded not guilty asked that the case be adjourned as his solicitor was unable to attend, but the Magistrate refused to adjourn the case at that stage and said Ue would first hear the case for the prosecution. Sub-Inspector O’Douovau conducted the case on behalf of the police and the first witness called was Donald John McDonald, labourer, who stated that in the early part of March he was working at Green’s Poplar mill, at Moutoa, and received a cheque of odd for wages on a Tuesday. He continued work at the mill until Saturday, when he came into Foxton and stayed over night at the Family Hotel. He returned on the Sunday to the mill and drew the rest of the money that was due to him, ,£2 odd, and went to Shannon and afterwards to Devin. From there he walked to Foxton and put up at the Family Hotel. It was on a Tuesday night that he arrived. He stayed at the Family Hotel until he came to the police station on the 14th instant. When he arrived at Foxton he was not well, having a bad cold and being run down generally. He had a number of drinks in the hotel while he was there, having one or two each day. He also had drinks in the three other hotels. The last two days he was at the Family Hotel witness said he did not have any drink at all as he ‘‘turned against it and wouldn’t touch it.” He had a distinct recollection of what haopeued during the whole time he was staying at the hotel. He took bad and Mr Munro sent for a doctor to attend him.

In reply to questions by defendant witness said that defendant refused him drinks on several occasions. When he arrived at the hotel he had 2s 6d in cash. Was well looked after, in fact he could not have had better treatment than he received. During the last three days he had no intoxicating liquor whatever. Remembered defendant taking him to the police station.

To the Bench : While staying at the hotel he borrowed nine shillings from mates. Did not pay Mr Muuro any money at all. Spent the money borrowed ou drink. Previous to coming to Foxton had been drinking in Shannon.

To the Sub-Inspector: Stayed at the hotel about 14 days. Did not know Mr Munro previously. Mr Munro had ou two occasions told him to go back to work, but he did not go, as he did not think he was lit to work. Dr Adams stated that at the request of the police he examined McDonald on the afternoon of March 14th, and found him to be suffering from delirium tremens. There was no sign of insanity. He considered it was a case of long continued alcoholism, with occasional excessive drinking. McDonald told witness that he had been in a hospital in Auckland suffering from the same complaint, which he said he knew was delirium tremens. Witness did not notice any smell of alcohol about the man, but his condition was indicative of his having been drinking up to a day or two before.

In reply to the defendant, witness said that occasionally it did happen that a person who had been drinking heavily would get worse if the drink was stopped, but it was not usually the case.

To the Sub-Inspector : Delirium tremens was a nervous outbreak, the result of excessive alcohol, and might not come on for a day or two alter a man had been drinking. Constable Sweeney said that on March 14th, at about 2.30 p.m.,

Dr Scannell rung him up, and in consequence of the message received, he proceeded to the Family Hotel in company with Constable Woods. On arrival there, Constable Woods said to the licensee : “Where is the man now?” and defendant replied, “ He’s upstairs. Will you send him away by the afternoon train ?” On being told that the train had gone, defendant said he would look after the man until the morning. On being asked by Constable Woods if he would take the responsibility of keeping the man, in the state he was in, defendant said he had not thought of that, and the police had better take charge of him. Defendant said that McDonald appeared to be frightened. On arrival at the police station, Dr Adams was summoned, and examined McDonald, who was subsequently charged with helpless drunkenness. Witness considered that McDonald’s condition was due to drink, and he was not, in his opinion, in a fit state to look after himself. To Defendant: “ You walked with McDonald to the police station, and Constable Woods and myself followed a few yards behind. He seemed weak, but was able to walk unaided,”

To the Sub-Inspector : McDonald’s condition was noticeable, and any person seeing him would know lhai there was something wrong with the man.

Constable Woods stated that on March 14th he received word from Mr Mnnro that Dr Scanned had examined one of his boarders, and said that he was mad, and witness went down to the hotel and saw McDonald, who was in bed. Witness asked McDonald several c)i:cstions, which he answered correctly, but appeared frightened, and said a cloud was coming over him, and he was going to die. In witness’ opinion he was suffering from delirium tremens. Told Mr Mnnro that he thought this was so, and he said, “ He may have the D.T’s., but the doctor said he was mad.” Witness corroborated the evidence given by Constable Sweeney as to what took place when McDonald was taken from the hotel to the police station. Witness asked the defendant if McDonald had been drinking heavily at his hotel, and he said no. he had only averaged about three drinks a day since he had been there.

This concluded the case for the prosecution, and defendant asked for an adjournment, which was granted until Monday, April nth, at ioa,m,, at Palmerston North.