Alleged Breach of Licensing Act

Taranaki Daily News, Volume XLVII, Issue 7902, 18 August 1905, Page 2

Alleged Breach of Licensing Act

lPiUkuTliiiciM. At the Folice Court on Thursday morning tho S.M. road fcis written judgment in the prosecution brought by the police agaiinKt Joseph Cody, licensee of tho llotol Commonwealth, and May Carpenter, barmaid, on tno chargo of supplying] a Malori named Iliko with whisky for consumption off the premises. As indicated the previous day, the judgment was for the defendants. Mr Quilliam then renewal his (application, of which he .had given notice on Wednesday, for p re-hearing of the former case, in whicfn the di> fondants were convicted and lined on the charge of supplying Hiko with a glass of beer while in an intoxicated' Btatc.

Mr Quilliam contended to support ol his application that the fresh evidence disclosed the previous day put a different complexion on this case. On the evidence originally adduced, it would have been difficult for his Worship to have come to a\ny conclusion other than ho ifiad. However, since the testimony of Oswin, a clerk in tho Native Trustee Office, regard' in? Hiko's visit to that office about 3.45 in the afternoon with the whisky then in his possession, the evidence, of the Maori in the original case was proved to be totally unreliable. Ho hold that the whole theory on whic.fi the prosecution depend, od had been clearly disproved. Mr Quilliam, continuing, thought it but fair to mention that at the original hearing of the case Mr T. S. Weston (who appeared for the defence) could by 'no possibility have been aware that two new witnesses could be found..

The S.M. said that after (riving ,tihp< matter careful clonsidcratfon he would grant a rc-haaring. He agreed with the contention that Hiko's evidence could not he relied upon. Mr Quilliam asked that the re-hear-ing be held fort'iwith. .Sergeant Haddrell explallnod that he, would like to have had the opportunity of layinß the facts before the Crown Prosecutor In the face of what had transpired, however, he •bought it fair to offer no evidence at the re-iiearlng'. Hlad the facts now disclosed be:'n known to him More p,ossi|bl.v no informaltion would have been laid.

His Worship accordingly dismissed tlic informations.