A LICENSING CASE.

Rangitikei Advocate and Manawatu Argus, Volume XXXII, Issue 8880, 3 August 1907, Page 3

A LICENSING CASE.

At Bulls Court' yx>sfer<Uy, boforu Mr Stanford, S.M-. Frank tic police' Irttu po»» ittinß < i“ alT ° l ' some 1 conduct on his Pauses on J Ser K oauf' Oohc» C U £ t fthcu nMW? Weijry Young, painter, who cadul ft t Raugit/kci Hotel deposed c k on Juno W for the ilho Ll uarfc of an hour; had a 81 i C (ttv with a friend! then heard u msttj' o ,,i e in the bar passage and Horo ? fiicre and met Charlie Jenkins, Slovens and T. Wilson ; the asked him to have a drink, he had a whisky: he was with them from 5 to 10 tniuutes; ho was pot pure whether It was the barmaid or the landlord who served him with fie drink he had with Jenkins: he thought it was the landlord, but was not certain ; Jenkins had a gong stick in his hupd, and was larking with it; ho tapped him (witness) on fie stomach whilst lie was having fio whisky; Jie said to Jenkins “That will do,” Witness then wont iato the billiard room and started practising He might have been there over a nuarter of an hour; lie was waiting for Lawrie Stevens, hut lie did not come; when lie was practising lie started to cut up a pipe of tobacco, and Jenkins came in at the time and snatched the cue out of Ins hand and put his foot between his legs, and over ho went; Jenkins fell on top of him and cut his arm; Jenkins said ho was stabbed and cut aud thou went away; lie thought Jenkins was joking; no one came into the billiard room to Ids knowledge ; ho knew very little after fiat; he stopped to pick up ids tobacco and pipe. Sergeant Bowden: Did you drop your knife? —No. Sergeuat Bowden: Now he careful. I want you to toll me exactly what did happen. Witness ; I stopped to pick up my things when Jenkins,went out. Sergeant Bowden: Did yon see anybody do anything toJJoukius?

Witness; No. Sergeant Bowden: So you don’t' know whether lie was injured or not? Witness; No. Sergeant Bowden: Where did Stevens go? Witness; I could not say. Sergeant Bowden: Now, this is the first occasion we have heard about Stevens being there. Ho is not mentioned in your written statement to mo. Witness: Yon will find I mentioned his name. Sergeant Bowden (after perusing the statement): Yes, you said you thought ho was there—you did not know. Witness: Yes, I know ho was there. Sergeant Bowden: What did you gav to Jenkins? ‘Witness: I told him I was not a joking man; I afterwards (about three days later) heard that Jenkins was hurt. Mr Cohen; Where was Mr Rhodes at the time? “Witness: I cannot say; I did not see him. Mr Cohen: How long have yon known Jenkins? Witness: For many years, aud I have always been on good terms with him; I have a great respect for him. ' Mr Cohen: Did you use your knife to protect yourself? Witness: If my knife touched Jenkins it was purely an accident. L. Stevens said lie was at the hotel on June 23ud; he went there about lunch time; Young asked him to have a game of hill iards. hut he did not play; he went and had lunch ; ho did not notice that anything unusual happened, hut Jenkins came to him aud said 'his arm was cut; he tied up the wound; he saw Young leaving the billiard room after this Was done. Sergeant Bcwdeu: I took a certain statement to you and you refused to sign it.

Witness: Yes. ’Sergeant-Bowden; Did yon see a knife or anyone filling a pipe?

Witness: No. To Mr Cohen: Could not say whether Sir Rhodes was in the dining room at the time; heard no disturbance. J E. Walker said he had lunch with Mr Rhodes on June 22nd; after leaving the dining room he met Stevens in the passage, and saw Jenkins and Young at the bar in the billiard room; ho did not see what hapepued in the billiard room; ho could not see from the position he was .standing ; he heard a noise, which indicated a fall, hut he did not know if anybody had fallen; when Jenkins came out his arm was coat; he saw Mr Rhodes in the_ passage after this when lie had paid for his lunch.

Sergeant Bowden: Yon made a statement to me when I was last in Bulls.

■ Witness; I did not make a statement ; I told you I did not have time a : s I was busy getting goods ready for the coach. 1 ‘ Sergeant Bowden; Well, we won’t discuss that point.' ' To Mr Cohen: He had no motive for tolling anything hut tl|e truth. There'was no quarrelsome' conduct as tar' as he saw. Jenkins did not Finnic anyone for the injury. Tire hotel had' always been Svell conducted, and Mr Rhodes bore a good game. T, Wilson deposed to having a drink with Jenkins, aud Young also joined them; Jenkins had a gong stick in his hand; he was acting the fool with it aud tapped Young on the stomach, but the latter did not say anything; he went into the billiard room, and shortly- after Jenkins joined him; the next tiling Jenkins cme out with a cut on his arm ; he did not know where Young went to; did not see or hear any scuffling; remembered Young saying something to Stevens about a game of billiards. Sergeant Bowden: Will you tell the Court why you refused to answer certain questions put to you by me i'ii JhlyV ' ■ ; ' Mr Cohen: You are not bound to answer that question. The Magistrate: That is so; ask him some other question aud get on with the case. Sergeant Bowden (addressing Mr Cohen): Yon take surprise at everything I say. i: Mr Cohen: Yes, you do surprise mo.

Bowden: Did yon go into the billiard room’ 1 Witness; No.

To Mr'Oohoii: He did not see Mr Rhodes about. C. Jenkins said lie wont into the hotel with Wilson for a drink and lie met Young, who joined them ; This was at lunch time, between 13 and 1 o’clock. He bad a gong stick in his hand, but was not doing any harm with it; lie tapped Young on the stomach with it, aud lie did not resent it. „., , Sergeant Bowden: Did lie ask you not to interfere with him? Witness: No. Sergeant Eowdcu: Did yon join Young in the billiard room? - Witness; Y>S; • ' s ‘ ' Sergeant EOwden: Did yon see him knocking the balls about? The Magistrate: Don’t waste

time.' , . , Witness; Young came to the hay anctlJiad another drink, * Sergeant Bowden I tllicu what happened? , , . . Witness: Young [started to fill ins pipe: lie stepped hack and tripped him accidentally; I fell at the same time, and his knife cut my arm. To Mr Cohen. Had always been on good terms with Young; there was no violent resentment shown likely to cause the injury; had lint leen Me Rhodes either before or after the accident. * Sergeant Bowden said ho obtained a, statement signed by Young. Ho wished to put it in as evidence. Mr Cohen: I object, for two reasons. It might have been used by the sergeant to contradict a witness in the box, but he cannot go into the box himself and contradict his own evidence. The Magistrate; ilUie statement cafiuot be'put in; ’ 1 Sergeant Bowden; I did not want to put the statement in ' as evidence Against Young, hut 1 1 show the inconsistency of statements now made iq Court. * Mr Oqheu (addressing Sergeant Bowden, who was still in the witness box): You said in opening this case ‘ ‘ there was horse play. It may have been an accident; we don t know yet whether the damage was wilful. ’ Now, why did you nor lay an information against S-onhg xorasfUi.lt upon Uenkius? Sergeant Bowden: Because on making inquiries Young told me iy was an accident. ' ■ ' Mr Cohen; Then why did ypu lay an information for' permitting quarrelsome conduct when you knew different? You have not led any evidence to show there was quarrelsome conduct.

" Sergeant Bowden : I laid this information against Rhodes on different

evidence from what they had heard in Court. Air Cohen: Not a single witness had informed the Court that there was a quarrel between Young aud Jenkins, aud it was therefore suggested they had not been truthful. Mr Cohen: Will you swear Young said Jenkins interfered with him aud ho resented it? Sergeant Bowden : I will. The Magistrate : Young told Jenkins, “that was enough of it.” Mr Cohen; I submit quarrelsome conduct was not premitted by the publican. Tills is a case of persecution against Rhodes, aud lie desired to bo reported as having said so. The sergeant had not the courage to come to the front aud lay an information against Young. Loud applause interrupted the proceedings. Mr Cohen: The applause is very improper. I do not want any applause. Sergeant Bowden: Don’t you tell me I am a coward outside the Court. : Air Cohen; I submit hia Worship j will not ask mo to call evidence for the defence. The evidence is certainly not strong enough. There is j no suspicion that a knife was used, | aud the process of prosecution was to bo accepted with great regret. His Worship: Having heard the evidence very carefully I wish to distinctly say that it is a great pity the information had been laid at all. It was quite evident there was no quarrelsome conduct. The information would be dismissed.