LICENSING COURT.

Nelson Evening Mail, Volume XI, Issue 264, 5 December 1876, Page 2

LICENSING COURT.

[Before L. Broad, C. Huwtbr Browk, and W. Wells, Esqs., Commissioners.] At the Quarterly Licensing Court held this morning, the only application was by Thomas Menary for a transfer of the license of the Exchange Hotel from George Macdonald to himself. Mr Pitt appeared for th* applicant. The Inspector of Police objected to the transfer on the ground that the applicant was living with a woman not his wife. Sergeant Nash was called who stated that for some years the applicant had been living with a Mrs Lechner as man and wife, and that she was still with him. The matter had been brought under his notice by a number of the inhabitants. Under cross-examination he said that he objected to giving the names of the inhabitants. He had not threatened Menary that he would remember him some day on account of his having stated that he (Nash) had committed a cowardly act in striking a man with his baton. He was not aware that any other publican in town was living in the same state. The Chairman said that if any of the inhabitants complained they should have been in attendance. Constable Beattie corroborated Nash's statement with regard to Menary living with Mrs Lechner. Mr Pitt argued that the house was well and respectably conducted, and there was no public immorality of any land whatever. He did not think it waa the duty of the pnblic to enquire into the private life of a landlord. The case was a very peculiar one, and although he did not attempt to justify Menary's living with another man's wife, there was something to be said for him ; Mrs Lechner's husband had deserted his wife some eight years ago, and Menary had taken her to live with him. He might say that he had recently been consulted whether they could not be married, but had not yet had time to make up his mind as to the advice he should give. If a woman's husband was absent without her hearing of him for seven years she could marry again without laying herself open to a charge of bigamy, although if the first husband were eventually to turn up the second marriage would be invalid. The Chairman stated that with the knowledge that the applicant was living in open immorality with another man's wife, the Bench could not grant the license, but, under the peculiar circumstances, they would adjourn the Court for a month, and, at the end of that time, if Menary could come before them and state that he was married they would issue it. Mr Pitt asked that the license might be granted until the next quarterly sitting of the Court, in order that the applicant might, if necessary, have an opportunity of selling out. The Bench preferred to postpone the case for a month, and the Court, therefore, adjourned until the sth of January.