A Licensing Case.

Taranaki Daily News, Volume XLVI, Issue 298, 21 December 1904, Page 4

A Licensing Case.

PERMITTING DRUNKENNESS ON PREMISES. At the police court oil Tuesday, Catherine MeTsaacs, licensee of the Terminus Hotel, pleaded "not guilty' to a 1 charge of permitting drunkenness on the premises on Nov. 23. Mr Ma lone (Malone, McVeagh and Anderson) appeared for defendant, and said the police -admitted that she had nc personal knowledge of the alleged breach'. Sergeant Haddrell, who conducted the prosecution for the police, called Herbert Bullot, expressman, who said that at 5.80 o'clock on the evening of Nov. 23 he left the stand at the Imperial Hotel, and went to the Terminus. He was then perfectly sober. Mr Wrigley was in the bar. He purchased a bottle of beer to- take away wfth him, and drank a glass of whisky and soda, with n glass'of soda later on. Constable Bultiiilore came in to sec another man, calling him outside.While the two were 'outside, witness felt faint and wont to sit down but missed the chair. Just as llv constable came back agtviiv Mr Petersen helped lvim up, and t'hen Iluttimore said "Oh, it's you, Bullot, I'm sorry for you." The constable and he got into witness' van 1 , Buttimorc driving When they reached the station, the constable said he wouhl like to see witness get out of the van. This witness did. Witness then detailed the occurrences at the police station. Witness did not appear at the court in the morning -to answer -the charge of drunkenness,as lvis bondsman advised Win not to. Subsequently he appeared on summons to answer a similar «nd was convicted.

Mr Malone cross-examined as to the -doings of witness while assisting' Mr Wrigley in the cellar, the tenor of the questions l>eing to show that he was sober that evening. Examined by the S.M. : He admitted taking out a prohibition order against himself two years ago. ; Constable Buttimore gave evidence that at 0.30 on the date inert!ioned, he' went into the Terminus, and sa\v Hullot, a man named Allen, and Mr Petersen in the bar, each with a deal of cards in front of them. Witness told the expressmen to attend to their horses; and then went out, followed by Allen. Whilst talking outside, he heai<d a fall in the bar and on going in saw Bullot on the floor, with Petersen standing over -him. Witness >ioM that he 'had seen tßull'ot was drunk directly he came in. Bullot staggered over the footpath to the express, and made two unsuccessful attempts to get in. Witness and Petersen assisted Bullot into the. vehicle.

Constable Mcllae deposed that in his opinion Btillot was drunV. - SergeantHatlrell swore that when he visited llullot in the cells at 9 o clock, the latter made no complaint of being ill.

This closed the for the police. Mr Malone raised the question as to the validity of the charge, as the •licensee had lio knowledge of the drunkenness.

Tie K.M. said the police had to show the knowledge of the licensee or some person given power to act for her.

Sergeant Haddrell maintained that as Mr Wrigley had admitted in another case that he had an interest in the lyusim-ss, it was sufficient to show that he kne-w of the factsadduced. The S.M. held Ih-at he could treat Wrigley as holding relegated authority from Mrs Mclsaucs. Mr Malone called

Joseph Wrigley. who described himself as a hotelkceper, as he held a partnership with Mrs Mclsnacs. He ista-tcd that Bullet had assisted 'him ■in the bar, witness giving him a whisky and soda. llullot was sober this being the onlyr'drink he had while witness was in the- bar. BulI lot told witness he was a little out of (gear, or something; to that effect.

Ernest Alexander Walker, medical practitioner practising in New I'ly- . mouth, said llullot came to him on •Dec. 6. On examination he found .Rullot to be suffering from chronic ■inflammation of the kidneys. The .synitoms dcscrfbled were equally com,patible with the disease and with : drunkenness.

Frederick Cullen, receiver of land revenue, a lodger'at the hotel, gaive evidence that at 5.40 or 5.45 that evening Bullock appeared quite sober. Witness spoke to llullot, and did not notice anything in his manner to lead to doubt as to his so>Uriety.

Edward Allen, an expressman-, gave evidence that he was in, the Terminus Hotel with llullot on the owning in fli'uestion. llullot was "quite sobeT when Constable ituttimore came in to warn tli'in al>out the'jr expresses boing outside.

William Peterson, mann.grr 0 f the hotel, gave evidence, that when lie relieved Mr Wrigley at the bor Jitilot seemed to collapse suddenly, and lie gove him the soda water to ivvjve him. 'j hat was the only drink hj« gave Tiullot. This was the evidence for th- defence. 10^oa^cd r S l^ his d ~ ti!l