A Licensing Prosecution.

Taranaki Daily News, Volume XLVII, Issue 7895, 10 August 1905, Page 2

A Licensing Prosecution.

Conflicting Evidence, following upcjn tho conviction of than Maoris for 'drunkenness on Monday last., tho police took further ac. lion on Wodi Heyday, when some prosecution.-:, the first of their kind in this province, were instituted against Joseph Cody, licensee of the Hotel Comma (wealth, and May Carpenter, barmaid at the hotel.

ihe lirst churgo against each of tho defendants was selling alcjholic liquor, to wit, lojno giass of bter und one bottle of wlvisky, to one John lliiio, whp was at the time in a State 01 intoxication.

be, ant Ha'Jdrell explained that this charge was laid under section t<w of the Licensing Act, (1881, and section 24 of tlie Act of 1895, the latter providing for a penalty nol exceeding £lO for supplying liquor to a native in a (of intoxication.

The second q'targo pguinst tho d<* fondants was that of supplying alcoholic liquor to a Maori, tho said liquor jbeing for consumption oft tho premises.

Sergeant Haddrcll pointed out thai previous to IS>O4 the charges could only bo against the liconsee, but tinder tjie amending Act then passed Clause) 46 threw a certain inability on the servant who supplied the liquor, who was liable to a fine not exceeding £lO. The responsibility of the license*!, however, was f/> no way lessened. In tho present cases the same evidence applied to each, and they might be heard simultam«ously, 1 Mr Westpn pointed out that this would be awkward in case of appeal, a'»d tho S.M. decided to first hear the charge 0 f supplying liquor to a drunken Maori.

Charlea Simmons, foreman in chargo of the railway platform, deposed that Hiko boarded the 4,15 train on Saturday afternoon. As he was in a stato of intoxication, witness did not think i|t safe for him to travel, and had him removed from tho carriage. To 'Mr Weston : Hiko was not noisy, but showed evideinco of drunkenness by unsteadiness on his legs. He was the quietest of the three Maoris arrested.

StTireont, lludiircll deposed that at ' about 4.10 p.m. 011 Saturday he was at the railway station and saw Hikp coming across from tie Hotel Commonwealth. Witness did not see ltim coming out ol Iho hotel. Hiko was much under thk: influence of drink, and witness agreed with Simmons lhat it was unsafe for him to travel ■iy train. On his arrest Hiko produced a lemonado 'bottle full of whisky, and afterwards stated where lie procured the liquor. To Mr Weston : The native was staggering in his g>£it, |»ut w a s mot, noisy. lie showed all the ordinary signs oi 'drunkenness. Constable de Lo.ee gave evidence as to the arrest of Hiko and the two other Maoris. The man was not helplessly 'drunk, but was very groggy in the legs ; that was the only symptom witness mrtieularly obsesved. Hiko whan a it the police station produced a small flask of whisky in addition to that in the leir.onade bottle. Constable Woods stated that on Monday morning, in tlio presence of Miss Carpenter, the Maori made a statement in, Maori, which witness translated to the effect that Miss Carpenter was tho ono who served him with tho glass of beer and the Wjiis'.y, as he recognised her because she wo.u spectaclos. When (questioned by witness, she stated that she remembered serving several Maoris in tho bar that afternoon. She rematk.

Ed that she could not identify them again, as there was generally a rush on beftoie tl'ie train, John or Hone Hiko, n native, ol

Waitaru, gjavu cvidenco that jqst )beforo ho went over tb catch the 4.10 train ho called at the Commonwealth Hotel, and was supplied with « s'lass of beer, which ho drank, and 2s worlh of whisky in the bottle (produced), which lie tool? aw a j with him, lie did not remember nnyhing about the smaller flask, Witness was "a (bit drunk" going to the station.

To Mr Weston : Witness was only in tie Hotel Commonwealth 0:1 this one occasion that day. He remenv bored paying 2s for tho whisky. Ho had been drinking in several hotels that day, and Jbegan to get dru.'ik after dinner. He recollected .being arrested and placed in the cab.

Replying to the Magistrate, witness said he was drunk when he went to tho Hotel Commonwealth. He could, however, stand up straight, and he did not think the barmaid could judge whether he was drunk or not.

For tho defence Mr Weston stater that Mr J. Cody, the licensee, kn.'i' nothing about the matter. Traversing the evidence, counsel contended that Hiko's condition did not com-, under Sir Robert Stout's definition,:)! drunkenness. The evidence foil the defence would show that the whisky Was not supplied at the Hotel Commonwealth.

May Carpenter, barmaid, stated that the native Hiko came irito iht bar alone between 3 and 3.30 on Saturday afternoon. He was fluite sober, and asked foil a glass of beer, which was supplied. He onakie no re quest for whisky, either to drink or take away with him, nor was any supplied. Witness qulotod, as an in dication -thai the man was not drunk when he came in, that he was chatting with liter for about five minutes Witne's supplied no Maori with whisky that day. On Monday morning witness told Constable Woods that she had not suppliod whisky to Hiko, whom sho remembered by the refer enco to her glasses. To SergeantjWaddrell : Witriess had always understood that it was a breach of tho law to serve drunken Maoris, or to serve them with liquor for consumption off the premises. Witness was positive she did not serve tho whisky. Jospi-h Cody deposed that as l usual on Saturday afternoon he was assisting in the bar from a quarter to four till train time. There were a lumber of Mjaoris in the ban, Jjut he would swear that Hiko w a s not among thenr, and that (he Was not served between Xl.*) and train time.

To Sergeant 1 laddreil : It woulA not bo possible {or him to be supplied 'without witness seeing him."

Tho S.M. reserved his decision foi one week, to which, date the other eases wero ( a-djournod.