ALLEGED LAMBING DOWN

Taranaki Daily News, Volume LV, Issue 100, 13 September 1912, Page 7

ALLEGED LAMBING DOWN

A DItI'XKKN SPREE. SERIOUS ALLLXiATiOXS. A deplorable case of 'lambing down" occupied tin- attention of Mr. Kenriek, S.M., at tJie Inglewood Magistrate's Court yesterday for several Injurs. It appears that on June 15 a Imshman Uiii'ied Alexander McLeod, then in the best of health, lefl his job in the Awakino district with ji cheque for over forty pounds, besides several pounds in noteri and silver. About a month later he entered the New Plymouth Hospital a complete wreck, suffering from alcoholism, and for a fortnight was in a critical condition. When he mended it was found that he had partially lost his.memory, and even now, according to expert evidence, his memory for recent events is remarkably impaired. Between the time Jie drew his cheque and his advent at the New Plymouth 'hospital he got through the whole of his money, excepting a few pounds—the exact amount w not known—and was literally soaked with liquor. His mate discovered him in the Tariki Hotel, but as he had called at Awakino and Waitara en route the evidence, as the Magistrate remarked, was not sufficient to show where the lambing down 'had taken place. He commented strongly on the deplorable nature of the case, and regretted extremely that there was no evidence to show who bad cashed McLeod's cheque, for undoubtedly it was a case of lambing down. The above facts were disclosed during the bearing of several charges of having committed breaches of the Licensing Act which were preferred against Mrs. Elizabeth Millar, licensee of the Tariki Hotel. The charges comprised three counts of supplying liquor to a "person (Alex. McLeod) already in a state of intoxication, and further with having permitted drunkenness on .her premises. The defendant, who was represented by Mr. A. H. Johnstone, pleaded not guilty to all the charges. Senior-Sergeant Haddrell prosecuted. In opening his case, the Sergeant said that they bad not a case of the sort for a good many years, to :his knowledge. Many years ago cases of the sort were of frequent happening. He then outlined the aforementioned story. The first witness called was Walter Lawrence, laborer, living in Inglewood, who said that on July 15 last he visited the Tariki Hotel, where he observed an old mate of his, Alexander McLeod. Describing what occurred during his stay, he said that when lie went into the commercial room he heard a lot of knocking on the wall, accompanied by calls for drink, and the barman (MathieBon) went into the room and told the man (McLeod) that he could not have any more. The latter, however, made such a disturbance that they had to supply 'him with liquor, to. quieten him. He saw Mrs. Millar give him several drinks, with something in,them to improve liirn. When he saw McLeod he was in a Very low condition. He told the licensee to give McLeod something to ease him off, as he had had too much. Tn eonseqence, a doctor was sent for, whether at his own or Mrs. Millar's suggestion he could not remember. X'ext morning witness helped to put McLeod on the train, en route to the Xew Plymouth Hospital, lie had twice seen McLeod in the Tariki Hotel previous to the occasion in question. He was not then sober, but he was not sure what 'his .condition was. At this juncture the Magistrate commented on the witness's strange lapse of memory. He could, said His Worship, remember McLeod being supplied on one occasion, but' forgot about the otbers. To Sergt. Haddrell: He never told Constable pitzgibbous that on every occasion he had seen McLeod at the Tariki Hotel he (McLeod) was the worse for liquor. He might have said lie saw him drunk on two occasions. To Mr. Johnstone:. He was sure that the licensee's drfugnter V a< ' "ever stopped him (witness') from; taking whisky to McLeod. Mrs. Millar did not take many drinks in to McLeod.'' She often took beef tea in to him. .The first day witness saw McLeod he was not sober, but was capable of walking about the place. He was in bed part of the time, and kept on calling for whisky. McLeod did not once show any signs of being in a delirium. Once witness took him in a bottle of beer, for medicine, with Mrs. Millar's cognisance. Walter Ballantyne. until lately farming in the Tariki district, said lie had made an application to take over the license of the Tariki Hotel. On July 23 he went to the eotel. and while there he could see that McLeod hail been drinkinir. After beinir asked bv the Magistrate to'fell the' Court straight—as lie must, know —exactly what condition McLeod was in. witness said that be thought he had had too much liquor. Witness did not know whether he had told Mrs. Millar that she ought to get him out of the place, but- after some prompting on the nart, of the Sergeant, subsequently recollected tbar he bad spoken to the licensee about the matter. Drink, added the witness, was supplied to McLeod by the barman (Mathieson), not by Mrs. Millar. Tn his opinion McLeod was in a fit state to receive drink. Witness denied having told anyone to the contrary. He did not make a statement to that effect to Constable Fitzgibbon. This led the Magistrate to comment that 'he was a reluctant witness, because he would not state what be imi«t have obviously known—the real condition of McLeod.' The Sergeant here interjected that witness's license for the hotel had not yet been granted. It was questionable whether a man who changed bis opinions so much was fit to hold a 1: , n ;:'. To Mr. Jolmstmie: When McLeod arrived at Tariki. the impression he gathered was that lie had been on the spree. Tn liis opinion Mrs. Millar was trying to make McLeod well. Evidence was given by Thomas Ashby, bush contractor, of Awakino. to the effect that McLeod had worked with him till June 15. When be left witness lie bad a cheque for £-14 and some silver and notes. When be left witness Hie was as lit as a man could be. On July S he went to Tariki. and found McLeod at the hotel in a helpless and disgraceful state, cravim: for drink. McLeod did not know witness until he told him who be was. He wns lying in bed. fully dressed. '!!" subsequently searched him. nnd discovered C2 in his pockets, and bis clothes were snaking. He considered McLeod> condition was due to liquor. Ilf had certainly never seen anvbodv ill P£e that. When be asked Mrs. Millar what was wrong, she had replied (bit it was '-'only a spr»c" and that be would pull over, lie lold her that he wanted McL 1 to get back to their job: otherwise it woull be cancelled. T'roni the Monday night until he left on the Thursday. McT d was continually served with liquor of some sort. Witness remonstrated with the licensee, who replied that the oiilv way to ouiefru M-Leod was to give him luiuor. In witness's opinion it <!iil not qui-lcn him for hm<_r. During the whole of the time witness was at the hold McT.yod was. with one exception, confined to his bed. He was helpless, and could not stand. On the Thursday he (wiluess) went to a football inaf'-h at Waitarn. returning to Tariki the next day. McLeod. wns'not better, and was thai dav only once suunlied ■■villi drink. H- Vfi H„. h„M on' the Saturday morions.', but reii-rned a third lime, helping to take MeLco.l to (he hoi-oital. Prom what he could make out, McLeod bad now lost his memory, not recollecting anything from the time he left Awakino yn\.\] he found -himself in the hospital. Cross-examined by Mr. Johnstone, witness said that j from what he heard, Mc-

Lpod had obtained drink at Awakino tlio. day (Sumhu ) before he ii-ft. On his way to Tariki, McLeod called at W'jiitara, leaving there, he was told, practically sober. To'Sergt, Iladdrell: While he was at Tariki on July 8 the liannan at the liotel told him that McLeod had been there nearly three weeks. Alexander McLeod, bushman, said he left Awakino some time in duly. He had a faint recollection of bcing'in the Tariki Hotel. To the .host of his knowledge he spent two days in getting from Awakino to the Tariki Hotel. During that time he got through several bottles of whisky. He would not have stayed at Tariki had he been unable to obtain liquor. He left Awakino with between £4O and £SO. He thought he cashed his cheque at Awakino. He coukl only remember having 'had one drink from Mrs. Millar and one or two from the barman. He thought he was suffering from the effects of the drink he got at Awakino. Witness was not further examined, the Magistrate and counsel remarking that it was useless questioning him in his present state of mind. Dr. Gault deposed to having been summoned to the Tariki Hotel, and having ordered McLeod to be sent to the hospital. He was then suffering from alcoholism. To Mr. .Johnstone: A man in McLeod's wmdition would be detrimentally affected, if totally cut off from drink. ' Dr. Wylie recalled having admitted McLeod to the New Plymouth Hospital, suffering from alcoholism. He was very delirious at the time, and difficult to control. He was altogether in a very critical condition. He was very ill for nearly a fortnight, during which time he had no idea at all of his surroundings, as when the delirium passed off it was succeeded by a condition of stupor such as obtained in cases of the effects from drinking adulterated alcohol—poisonous stuff. Even at the present time his memory for recent events was remarkably impaired, and not to be relied upon. His condition suggested that his illness was due to a continuous drinking bout—and from no other cause—right up to the time of his admission to the hospital, or within two or three days. To Mr. Johnstone: The "fact that McLeod did not know when he arrived at Tariki showed that he must have been pretty alcoholic when 'he got there. To Sergt. Haddrell: If they had not given him drink at Tariki he would have been in a very different condition. ■ This closed the case for the .prosecution. In outlining the defence, Mr. Johnstone said the facts were that McLeod, who was a nephew by marriage of Mrs. Millar, arrived at the Tariki Hotel late one night in a state verging on collapse, as the result of a prolonged drinking bout, Mrs. Millar, not wishing to turn a relative away, took him inside and gave lu'm every comfort, and as he did not get better sent for a doctor, who ordered him to the hospital. The defendant (Mrs. Elizabeth Millar) said that McLeod was brought to her hotel on July 3 "all in a tremble." All the time lie was at the hotel he was clamoring for drink. Never once during his stay in, the liotel did she sell him liquor. When he came to the hotel he had only £5 in his possession, of which she took charge. She gave him medicine and broth, but ho could not be persuaded to eat. She gave him small quantities of drink each day, fearing that a total stoppage, would be inimical to his health. If any more liquor was supplied to him it was without her knowledge or consent. She sent for Dr. Gault, thinking that he would be better away from the hotel. There were no entries in her books (produced) relative to any account chargeable to McLeod, whom she had simply treated as one of her own children. This closed the case for the defence. In urging that the police had failed to prove their case, Mr. Johnstone said that the undisputed facts were that McLeod left Awakino on June 15 and did not arrive at Tariki Hotel till July 3, when he was in a very bad state ind.vd. He was a nephew of the licensee, and had at one time done iter a good turn. He was treated kindly by Mrs. Millar, without reward. The'case could not, as suggested by the Sergeant, be called a lambing down case as far as Mrs. Millar was concerned. There was no doubt that there had been a lambing down case, but not at Tariki. The trouble was that the wrong party had been, prosecuted. He (counsel) 'would sincerely like to get hold of the individual who cashed McLeod's cheque at Awakino, and supplied him with fusel oil and wood spirit, which was undoubtedly the cause of his condition. He. submitted (and the Magistrate agreed) that Mrs. Millar was quite right in taking McLeod in for at least the "first night he arrived, In intimating that he would reserve his decision, the Magistrate commented on the very grave nature of the charge, and the fact that there was no evidence to show where the lambing down had taken place. He only hoped that in the meanwhile the police would make verv searching enquiries as to what became of the cheque, and as to the amount of drink he received at the place in which it was cashed. Assuming he arrived at Tariki with only. £5, he' must have got rid of over £4O in fourteen days.