MAGISTRATE'S COURT.

Temuka Leader, Issue 2720, 4 October 1894, Page 2

MAGISTRATE'S COURT.

Geraldine Tuesday, Oct. 2, 1894.

[Before 0. A. Wray, Esq., S.M.] ALLEGED SUNDAY TRADING.

John Farrell, licensee of the Crown Hotel, Geraldine, was charged that on September 30th, 1894, he did unlawfully keep his premises open for the sale of liquor.

Mr F. Wilson Smith appeared for defendant. Constable Will. Willoughby deposed that at 40 minutes past 4 on Suuday afternoon he walked into the bar o- the Crown Hotel, of which Mr Farrell is licensee, and found inside five persons. One was behind the bar, the others were in the bar. One had a long beer in front of him. He took it up and said " I may as well finish," and drank it. There was an empty glass standing in front of another person. There was one man there in the bar. That was all the liquor he saw on the counter. The front door of the hotel, but not the front door of the bar, was open. He took the names dowu and walked away.

To Mr F. Wilson Smith: There were three doors in the bar, but the bar was j practically closed, except the one door. The front door of the hotel was open, and he (witness) preferred it to be open. He was told that Mr Longnahan was not a resident. He was not aware that Mr George Broad was lodging in the house; he generally lived at Bates's. The house was usually well conducted. Mr Farrell was absent and just came home as he (witness) came away. A. S. Sugden: Remember seeing Constable Willoughby in the Crown Hotel bar. Was expecting Mr Butler at his (witness's) house on Sunday evening, and he and another party went into the hotel to see if Mr Butler was coming. Was told Mr Butler was in the bar, and went in there to see him. Mr Broad was there, and stood witness and the other party a couple of drinks. Mr Broad asked them to drink, it was a few minutes before the constable came in. Saw a long glass of beer before one person present. Dou't know who paid for it, but believed the person called for it. Saw no money pass across the counter. This person came in shortly after witness. The door of the bar was shut when they went to the hotel, and Mr Butler and Mr Broad were the only ones in the bar. Believed that Mr Longnahan came in with the man who had the long beer.

To Mr Smith: The bar door was shut but not looked.

George Krause : Was asked to go «ith previous witness to see Mr Butler. They went into the Crown bar and were shouted for by Mr Broad. Two or three other parties were there, but oouldn't swear to them having drink except one who was having a long beer. Couldn't say whether he called for it. Mr F. Wilson Smith submitted that the defence was that section 166 of the Act must be read with section 155, under which the charge was preferred. He could meet the requirements of section 166 by proving that the hotel was not open for the sale of liquor on the day in question. John Farrell, licensee of the Crown Hotel, defendant, deposed: Was away on Sunday from his premises, and left his groom, Mr Butler, in charge. In giving him the keys gave him strict instructions not to serve anybody but travellers. Knew Mr George Broad, who had been lodging in defendant's house from Wednesday night. Mr Broad would have been present at court, but he was out of town. Knew Mr Longnahan, who lived at a camp, about four miles away. To Constable Willoughby : There were rooms euough in the house, but boarders generally went into the bar to have a driuk. There were slides in the bar to hand it out, but people did not generally like to have the liquor passed out where there are others about, as they would have then to shout all round. ' To Mr F. Wilson Smith: Find it more convenient to take boarders into the bar to give them a drink. The Bench thought it would be better for the licensee to take drink out to lodgers if they required it on Sundays. Defendant admitted this, bnt stated that the bar was some distance away from the front door, and was the quietest place in the house.

David Butler, groom employed by John Farrell, deposed that in Mr Farrell's absence he generally took charge of the premises. Defendant told him not to serve other than lodgers or travellers, and not to open the bar at all. Mr Broad, a lodger, asked to be supplied with liquor, and while he was being served in the bar two residents came in, and Mr Broad asked them to drink. They were supplied and were only in the bar a couple of minutes. Mr Longnahan and another also came into the bar while the others were there. Told the other party he would not serve him with a drink even before he asked for any, and Longnahan, whom witness knew was a traveller, offered to pay for drinks. He said he was a traveller. It generally took about 15 minutes to serve lodgers and travellers in the bar. A resident and Longnahan came first into the bar. Opened it for them and not for Mr Broad as previously stated. Mr Broad came in about a minute after witness opened the bar. Served three drinks. Were very quiet in the bar. There was nq noise.

John Loagnahan, labourer, deposed : At present am camping some four miles from Geraldine. On Sunday came to Geraldine and went to see a friend; asked him to come up and have a drink, and went to the Crown and shouted him. Afterwards others came in whom he did not know. Asked for and paid for friend's drink. The barman told his friend he need not come in as he would not supply him with drink. Witness told the barman he was a traveller.

Rjchard Berry, accountaqt, degqsed: Was standing on'the footpath qn Sunday when Mr Farrell went a/way. Distinctly heard him tell Butler not to serve other than travellers and boarders with liquor. The Bench Ba id that the charge for keeping the house open on Sunday for the sale of liquor was not substantiated. At the same time publicans should not encourage travellers to shout for people resident in the town. The information was dismissed, CIVII, CASH, Donald Fraser v, David Ennis—Claim, #3 9s balanoe on account owing for timber supplied. Judgment for plaintiff with costß. The Court then rose.