POLICE COURT.

Taranaki Daily News, Volume XXXXV, Issue 104, 30 April 1903, Page 2

POLICE COURT.

Wbdnbsday, 29th apbil,—Before Mr R, L. Stanford, S.M, j ALLEGKD FAILURE TO ADMIT POLIOS' OASKvDISMiaSED. . Jeremiah O'Driscoll, licsnsee of the ffotnl Oommonweallh, was charged with failiog to admit Constable Buttimoro to the premises'on 10th April. Constable Beattie, Acting Sergeant, prosecuted. Mr T. S. Weston (Weston and West en) appeared for the defendant. OonstaMa Buttimore deposed that he was on du'y in the vicinity of tha Hotel Commonwealth on the 10th ins*.

Übore WL>re lights, in all the room?, but the doors were ehu 1- . Witness heard a number of voices in the bar parlour facing St. Aubyn-Btreet. He then went to Devon-street and returned *bout 11.30 p.m. The lights were still going in ill the rooms. There were voices iu the bur parlour, and witnefs iieard the cash register in the bar. Went to the Egmont-street entrance and saw four men come out. They <vere all slightly under the influence of iiqaor. The side dooragaio opened and two or thtesmore meu cjme out. He f.twd to get to the door before it was shut, bui wts too late. Knocked at the door and rang the bell throe or four ti:nrs. Heard footsteps coming almg the hall, and O'Driscolt'n voica called out " Who is theiM ?"' Witne-s replied " police," and askad him to open the door. There was no other reply, and the footsteps <ied away. Waited fully a miuut?, tnd then haard foots! Eps coming to the door again. • O'Driscali's voice cilled

lufc "Who is there?" Withes answered, " Th* police; why can't you |jpen the door ?" The door was theo >pened, and defendant asked " What io you want?" Witness replied, '■ I want to sea what men are coining out at all hours of the night like this." 'O'Dn'scoll asked "What men?'' On ijoing into the p»s9a»e witness siw G. Paul and F. Re&ton sitting on a couch under the stairs. Mr and another gentleman weie sitting on the foot of the stairs. Witness s lid to defendant, 'There are others hire yet who are not boarders; you take my advice Mr O'Drisco'l, ar.d do not have men about the house at this hour of ■ the night who aue not boarders," O'Dris-, coll replied, "I can have man about J the house who are not boarders all oight if I like, so long as I do not have the bar open." Witnede said, " I know the licenoe law quite well enough, and you h-ive kept an hotel quite long enough to know it too. Bun all the s«rne it is a dangerous practice, and if it is brought bsfore the Bsnch you may have difficulty in getting the licunse renewed." He replied " What am Itodo ? I would ba glad to get rid of them, but don't want to offend my customers." Witness said, " Sou c*n do the same as the other hatelkeepers do, More than one has to!d me they can get dtiak when they like; that you have an o>-ginisad system of supplying them. Yousi&m to think you can do what you like, but it is p Ssib'e we cm watch and cttch you." The second time witness knocked at the ioor it was 26 miautes to 12. Had known defendant for the past three y.-'ars, and would swear it wis he who answered on witness first going to tho door. For the defence, Mr Weston called Jeremiah O'Driscoll, who stated ha was sitting in the hall on the night in question. After U o'clock someone came to the door, and he asked G. Paul go go and see who it was. Paul csme back and said it was the police, and witness then admitted the constable. Witness never turned off any one light in particular. There was nothing by which anyone could infer that witness wished to evade the law by refusing to admit the police. The men who were in the place were not the worse for drink. They came in after hours, and asked for drinks, wh'ch witness refused to serve. They stayed talking for a

few minutes and then went out. They went out at 11.25 p.m. Witness closed the bar at 11 o'clock sharp. There wa»

no one in the bar parlour at 11.30. Mr Bolstad, a boarder, did not have a drink with a friend about that time.

Gerald Paul, coal merchant, s'ated

ha was in O'Driscoll's hotel on the evening in question. Mr Riston

and witness were sitting on a s o at io the hall, The lights wave burning, but the hotel was closed and no business, doing. Witness heard a knock at the door, aod went to it by Mr O'Driscoll's direction. On hearing it was the police witness told Mr O'Driscoll, who went and let Constable Buttimore in. There was no delay and nothing done which would convey the idea that

O'Driscoll wished to c nceal anything. Witness saw noons under the influence

of liquor. To Constable Beitbie: Did not notice any men going out after 11

o'clock. Was waiting to have supper, being a friend of Mr O'Driscoll's. HU Worship said the only point he

was called upon to decide was whether there was unnecessary delay in admitting the police. There might be surrounding circumstances of a nature to suggest delay, bu 1 ; on the evidence he must hold that the constable was mistaken in thinking in was O'Dihcoll's voice he heard when he first tried the door. That being so there was no un necessary delay, and the information must ba dismissed.