WARKWORTH S.M. COURT.

Rodney and Otamatea Times, Waitemata and Kaipara Gazette, Volume 1, Issue 33, 15 November 1901, Page 3

WARKWORTH S.M. COURT.

(Before T, Ilufchi§on, Esq, £,M.)" Alfred Underwood licensee of Wnrkwortli Hptel, W qs oli^rg. don K.oy 7 that he did p } x Oct. sth. between tlie iiours .of .6 pjid S p.m. allow drunkenness on his ppunses contfury to #ie Act, Afr. T.■.C.otter, soliei or for the .defence. Constable Staeey conducted £he .case fpr tjie police, All wijtnesgps svere ordered out of Court.

Jolin Mniisfiejd, engine-driver, deposed. Rem.en&er o^. 5. Was in the town-hip fwmi 8 p.m. tq 10 JJ.ni, Was jn the private parlour and public bar of fjiie Wai-k worth Hotel. The bar Whs full pf men, several of *vhoiu I knew, Had a good opportunity of seeing these men. they were merry, having a few drinks and talking. Mrs, Pndenvood was scrying. .Asked an to his definition of being "merry, 11 said if 1 were merry as these men wpre .would consider myself practically sober. Had a drink with Oliadwiok about 8 p,m, Was on]y in the Hotel about quarter of an hour. There was np disturbance in the bar but there was outside a dispute between Chadwick and an Austrian, blows were struck, could not say who struck first blow, both men were excited. The .disturbance started on vacant allotment by the stable door. Richard Warm was posing at the time and saw the disturbance. A big1 crowd was about between hotel and Harrison's store. Could not say if the men were drunk but they were very noisy. tfaAv one man gti'ike a blow.

This occurred near the footpath. T. Williams was in the town at the time, saw a greater crowd than usual about the hotel corner. Saw a crowd of men outside the bar door. It appeared to him that they had quarrelled with an Austrian, Ivnew two or three of the men, I should say that some of them were under the influei.ee of liquor. Stood about 20 or 30 feet away from them, could not swear that they were drunk,

Samuel Stauey, Const* hie siationed at Wavkworth, deposed. On Saturday Oct. 5. between 7 and 8 p.m. he was passing- the Wm'u worth Hotel and saw a number of men just outside the bar window, wrangling-. On my approach they all went into the bar of the hotel, I followed them in, and a man named Cowiey asked me to have a drink, which I refused, I had met him previous to this on the road staggering, and have no lv sitation in saying he was drunk. To Mr. Cotter, said he had met Cowiey about half an hour previous. The names of the men hn particularly named as being drunk in connection ■with this case, were Chadwick and i Cowiey. There were others drunk, in fact it was wholesale drunkenness. He i meant by wholes.fila drunkenness, I that there were mimbeiltsß numbers of men and boys drunk, rolling and staggering all over the place (or sireet). Had a duty to perform, did- not lock Chadwick or Cowiey up, locked nobody up. Do not lock up anyone who is capable of going Imjue. Consider that when a man is under the influence of drink, he is drunk, .Said nothing to "Mr Underwood or family, did hot warn them. Knew tl at Mr. Under-

•wood had been very ill in bed since lie took over the hotel, Had never at any time warned them. Did not see any of the persons supplied with liquor. He called these men drunk, other people may not do so. Alfred Underwood, deposed to holding the licence of the hotel i toni Sept. 3rd. Had been ill almost the whole time since taking over the hotel. Remember Oct. sth. Was in and out of the room next the bar from 6 to 10 p.m. Was assisted by my wife and daughter. Amongst those present in the bar that evening- was Cowley. So far as I observed, there was not a man •in the house drunk, Cowley had some drink but was not drunk, he conducted himself properly and show< d no, B:.gns of staggering. Ghadwick showed ■no signs of drunkenness. He and Cowley Aveve boarders in the house at 10 o'clock, they w^nt to their beds peacefully and without assistance. I saw nothing of the disturbance outside nor did I hear it, but heard of it afterwards. To the Cunstabl-. I can swear that no one left my house on Saturday niglit with a bottle of brandy. I heard of o.smeonebeing-jlpelie.l-upjfcheu, Cowley had a few drinlcr, during the afternoon of Oct. 5. It was almost impossible to say who were with him /is I do not know people's names j »S. <->rant, agent., remembered Oct. o. He w rts in the hotel that day. First went in about 4.30 p.m. saw Cowley and Chadwiek,.they were then cjuite sober. Was in the hotel again about \)Ao p.m. Saw a dispute between Chadwiek and >n\ Austrian, saw one blow struck near the edgn of the footpath. Sct.y Hie men then, lie would say that Cowley showed slight signs of drink. Chadwiek was perfectly sober. Went into the hotel and conversed with both of them. From what he saw and observed, think no one would be justified in saying that they were drunk. At- that time saw 310 drunkenness in the Hotel. Did not i say to the Constable since that Jig saw I Cowley ill just previous to the disturbance. . ... . Frank Cowley, labourer, working on the road, said that lie Lad never been in a court before. He was staying at the Warkworth Hotel on Oct •sth. and on that day had some drinks —a few small shandy-gaffs. There was no dist urban c between myself and an Austaian. Remember the fight «.n the roadway and was quite sober at the time. After the row went into ihe hotel. Remember Confetable Btacey coming in, and I asked liini to lip.v i• ■ drink. This may not^

have been the' proper thing1 to do but that would not make we drunk, I had ,Q few drinks at the time but was most certainly not drunk. I was not in the .Street before tha-jr jime staggeringunder the influence of drink, I saw no person drunk during the time J was jn the hotel, I saw ' Chadwick" have four o* five small shandy.gaffs during the day, I was ill some time before oie disturbance. Ido not think that what I drank caused it, for I am often ill as I have a weak stomach. I was not staggering drunic during aay part

oi the 'tifterneon. Thomas Chadwiok, Keniembered Oct. sth. At that time was employed at tlie limu-kilns but was in Warkworth on that day. An Austrian struck me aud I struck hi in back and knocked lain down. I was perfectly sober, hut hart had-a few shandy, gaffs during xhe day. powley was "with me at the time and was sober. Bemained at the hotel till the Sunday night, ' j did not ste anyone drunk. I volunteered to (tome Jiere myself, ]lad Jef^'^ie lime kilns, had got the sack, no explanation was given though asked for. "Was dismissed without a moment's notice. I am not hring-ing- any action for wrong-fid dismissal. 1 did "not use any obscene language on the road. Could not say if Cowley was sick, was not with him then. I had two drinks next morning-. Daniel Carran deposed that he keeps a butcher's .shop almost opposite tho hotel. Was about my place from (5 to 10 o'clock. There wns a disturbance, pfter 'which I went into the hotel and spoke to Giadwick air. Cowley. They were not drunk. Tliev

were ablo to intelligently converse wi;h nip and cou'd \valk wherever they wanted to go. I did not see anyone about the hotel in a drunken ■state. . Georga Hill, Bemembered the night in question.. I was in the ctreefc about 4 p.m. and at out 1.3Q p.ni, was in the hotel, I know Chad-wick and he was perfectly so her at the time, I saw Chadwick and Cowley between 9 nnd 10 p.m. in the side room of the hotel.

I remained in the hotel till about 9 55 o'clock-. They were then sober, Cowley had been drinking shandy-gaff. . Geoiye Weston, blacksmith, was on the road and saw the disturbance. He saw one man—Avhom he now recognised to be Chadwick—run down the street after the Austrian for about 100 yards at a quick, pace. He ran quite straight. I went into "the hotel shortly after, and saw there the men, and I most certainly consider that they were not drunk, nor did I see tiny drunkenness en the premises. The man I saw run after the Austrian was the one I saw strike him. Mj-s, Underwood, wife of the licensee, said she knew Chadwick and Cowley. They had taken beds at the hotel for the.night and stayed there for two rays. -I did not myself, nor my i daughter,- .supply nmone who was the worse for drink on that evening. I did not see anyone the worse for drink on the premises. If there had been I would have seen them. Chadwick and Cowley were both sober. I "was very careful in sen-ing drinks. I could not remember how many drinks I served Cowley. with. I did not serve them on Sunday morning-; Elinor Underwood daughter, sai-1, Mother and T were serving behind the bar during the day. Remembered Cowley and Chadwick and they were not drunk. I would not have hesitated about supplying them then, as! they were not drunk. On the hearing of the evidence for prosecution Mr. Cotter demanded a dismissal, as there was no case to answer but the Bench ruled against linn. ° The Bench said there appeared to nave been drunkenness on the night ia question but the prosecution had not proved that Chadwick and Cowley were drunk he therefore dismissed the case. There was great interest taken in this cose, the Courthouse being'erowded. &