LICENSING ACT PROSECUTION

Taranaki Daily News, Volume L, Issue 57, 13 March 1907, Page 2

LICENSING ACT PROSECUTION

IM-'OKMATIOMS DISMISSED. On Tuesday morning, before Air \V. (.'. ltiddell, S.M., Henry John Julian, li.-.nsee of the Tiinuiiiki Hotel, wa;, i- irged on two informations thai, on I binary 101 li lust (a) lie (1(1 knew mgly permit oiii; To Alurunga. a jwivoii against whom a proliib.tion onlT iln cxisieuee lu remain on his license,; premises; and (I,) Unit he did sell li-.j-mi', lu wit, be '. : io Te Murimgu, ;: person already ;.; a Kbit? of intoxei Iron. Sergcan; lladilrell jirosecule.t. mill Mr i.liihliain appeared ..for the defendant. Sergeant lladilrell gave rvaleac

liuu on February lti just before four o'elctek Ihe native To Alurunga wabrought to the police station in a stale of drunkenness. Constable Cullen stated that, on the afternoon m (jnestioji at about o'clock Constable O'ilalloran and wit* lie-;* were (it llic corner <,l l>: ougliam ami Devon stress. Noticed To Mumtiga slagg-.'riny down Devon ativct in tile direction of tie 1 'i'arunaki Hotel. Witness fo)luwe<t hi;u, but owing to his k1 oppinj? io 'i|.cak to some fanners lost ?»iglil. ol lit" Maori. When lie. arrived in -front of 11ic Taranaki Hotel there. av.i* a big crowd of natives, but Tc .Uurunga was not one «)' them, Found IV .\liii' m.ga and another native in a bar p.irioiir, at a lift. TV ALnninga h.itl a large gla*s of beer in Ins imnil. The other also had a in front of him. Tapped Murunga on the nhoulder an: n>ked liim "What are you tlo'.ng'in hotel?" lie answered, "What vfo you s[;.'nk to ntc like tlmfc for?" "Witness Vovd him tU.ii as lie was a prohibited man he had no business in a hotel, 'i'he AJaori denied the prohib tion. and daggered towards the door. (Jailed Mr Julian, the licensee, and aske-i

"Do you know who this man is?" Hi! said "No." Witness saiil the man was prohibited, and the licouseo de'•lared lie was unaware of it, adding "Hang it, he's drunk. Witness then went out of 'the house, and arrested tii.' Maori. Mrs Julian and one ol tlie .young Julians was in the bar. Tiro glnss was three parts full. To Mr Quillian: The natives camped on tile vacant, section on 'the. 'opposite hide of the street from tile hotel, lintered the hotel by the side-door, opening 'out of the yard. it would not be possible for anyone to go into Lliis liar parlour without going into the yard. ,Sa\v Mrs Julian in the bar. lie was sure of Hint. There were only two glasses 'to be seen. lie had not asked the licensee if lie had served liquor to the Maori. Arrested the .Maori immediately 011 arrival 011 the footpath. lJiil not leave him and nearly cross the road, and then return and arrest the man. It was not true that lie had left the man and only arrested him 011 account of some impudence. Constable Woods had to'-d him the man was prohibited.

Constable OTlallaran said he had sci-n the Maori, who was palpably drunk. Samuel Jackson, licensed interpreter, said he was standing opposite the hotel and saw Murungi come out of the hotel yard. Constable Cullcn spoke to the Maori, left him, and then when the .Maori called out "You can't take mc," or something of that kind, the countable went back and arrested Mm. .Muruuga did not appear very drunk thein, but seejint'd very drunk when} witness saw him later in the cell. Te Muriinga was' called. lie said lie was not very drunk when arrested on February 10. Kenieinbered having pleaded guilty to drunkenness. Could not remember getting any beer at the Taranaki' Hotel. To ill- Cjuilliau: Did not get any beer there. When he was found in the hotel he had merely accompanied his friend inside to get the hitter's coat. His friend did not ask for his coat, as the people behind the bar were so busy. Was there for about ilve minutes. When the constable came he. left the hotel of his own accord to go io the station. Had a conversaI lion with the policeman outside the I hotel on the footpath. The policeman | left him, and then came back to him | because witness swore at him. Kxecpt for that he would have gone peacefully to the train. Witness said be bad never been in the hotel before, and for three months before February llith bad not been in New l'lymouth. Constable Price, of Waitarn, produced the court records showing Unit Te Muriinga was prohibited, and he identified the man. Air Quilliam asked if there were any ease to answer. The S.il. said there was no evidence that Julian knew the native was a prohibited person. The native hadi sworn he had never been in the hotel before, The first information must be dismissed. On the other information he would like to hear defendant. Mr Quilliam submitted the evidence of Constable Cullcn was absolutely unreliable, and callod

Henry John Julian, the defendant, Who said he was in the liar with his two sons on February 10th. Mrs Julian was not in the bar. Saw Murunga and another native come into the liar parlor and up to tiio slide. There were three empty medium glasses on the slide. The policeman followed the natives in almost immediately. Constable Cullen told witness that one of the men was Sammy, a prohibited man. He did not serve Ihe men with any liquor. The natives were somewhat of a nuisance, as they camped opposite his house, and sometimes they got drunk up town and his house got the blame. The police kept an eye on his house on this account, and hud often told him ccr-fiiTn-natives were prohibited, when they were not. lie would not have Served them. They only stayed there a few seconds, and witness could see that "Ihey had had enough." Newton' Julian and Monty Julian, ■mis of the defendant, gave ecrrobor.itive evidence. .Murunga unit his mate got no drink in the house 0 :i the occasion in question. The Magistrate said the evidence was i f a most contradictory nature. Some one had made a mistake, unless, of course, an absolute falsehood had been sworn to. JUit the weight of the evidence was in favor of the licensee and lie would be given the benelil. of the ■ loiilit. There was a doubt, for certainly the circumstances were suspicious. The information must be dismissed.