RESIDENT MAGISTRATE'S COURT

Thames Star, Volume XIII, Issue 4339, 27 November 1882, Page 2

RESIDENT MAGISTRATE'S COURT

THIS DAT.

(Before H. Kenrick, Esq., K.M.) HOTEL OPEN DURING PROHIBITED HOURS.

David Barty, licensee of the Prince Imperial Hotel, was charged with keeping open his hpuse for the sale of liquor- between 10 p.m. on' Saturday, the 18th, 6 a.m. of Monday, the 20th November. Mr Miller defended. Constable Slight deposed—He knows tbe defendant, licensee of the Prince Imperial Hotel, Upper Pollen street. ■ At 10.50 on Saturday night he and Sergeant * McGrath entered the house. Four men were sitting in a room, Tiro empty half* pints, one full half-pint, and a glass were on a table. The full half-pint was at John Johns' elbow. Mrs Barty was taking the full half pint away, when he told her not to do so; she persisted, and in trying to take it some spilt on his hands, and he tasted it. Two men were in the bar, one of them was Mr Buckley, shoe- < - maker. As soon as Buckley saw Sergt. McGralh he placed a half pint about three quarters full under his coat and tried to conceal it. The other man gate his name as James Campbell, after a great deal of trouble. He upset the glass which appeared to obtain lemonade, but it smelled very strongly of whisky. Witness was about to go into a room adjoining the bar; Mrs Barty pushed him back, and said there was no one there he wanted to see. When she had gone away they •.:■•■ went into the room, and saw Mr Barty and another man lying on the sofa apparently drunk. Un Sunday morning, about 4 o'clock, witness and Constable Hazlett were passing, and saw Mr Barty come out with his trousers.and shirt unbuttoned, and just as if wakening from a good drunk. The other man was still there. ■-- vr - - Sergt. McGrath deposed—About 10.45 they saw Mrs Barty at the door. He said, " Let us give her a chance," and they went away, returning in about fire minutes, and then entered the bouse. The half-pint which he took from underneath Buckley's * coat was almost half full of beer. rThe - other man, who seemed considerably under the influence of liquor, tumbled his glass orer. The stuff in it seemed like ginger : ' f beer, but tasted a good deal of whisky ! or brandy. TueL_..bar„- was lighted up, but as soon as Mrs -Bariy came in she turned down the lights. Three or four men came in, but-as soon a 9 they put their heads in, Mrs Barty informed them they could not be: served, j ■ . i The man Campbell stated he was a boarder. ' ■ | Mr Miller said his client was asleep, and could not possibly be aware of what I was transpiring. < "! ■* Timothy Buckley deposed he went into the hotel between 9,30 and 10 with a friend to get a drink. He had some conversation with a friend named Campbell,and was going out, when Mr§ Barty asked him to have a drink, which be consented ■' to do. A female came in who was going to Auckland by the night boat, and he asked her to take a letter, which she con* sented io. He wrote the note, which, was finished about closing time. No : liquor was supplied to him after 10 o'clock, nor to anyone else to his knowledge. He positively swore that he did not conceal the beer under his coat; he had not a coat that would hide half a pint. He did not come there to perjure himself.

John Blackmore, lodger at Mr Barty's, deposed he sometimes attended in the bar. The liquor was supplied at 5 minutes to ■■• 10 by the hiar dock. Shut the bar door ' at 10 o'clock. His Worship said they had the class of evidence that was usual iv cases of this sort, only stronger perhaps this time for . the prosecution. Mr Kenriek reviewed the evidence, and pointed out that even if the bar clock showed 10 o'clock when it was nearly 11, the publican was to blame. Mr Barty was asleep in ah adjoining room, and according to one of the constables appa- . rently in a drunken stupor. He clearly - was responsible. There could be nodoubt the house was kept open for business purposes. The penalty would be recorded on the license. It would be far more creditable if publicans came forward . , and admitted they'had broken the law, making the best excuse they could, than trumping up evidence of this character, t ANOTHEB CABE. John McDonald Syms, licensee of the Bendigo Hotel, Shortland, was cited on a similar charge. Mr Miller defended. >^ Constable Hazlett deposed the Bendigo Hotel should be cbsed at 10 o'clock. . After 20min. to 2 in the morning of the 18th, he was passing with Constable Slight when their attention was attracted . by shuffling of cards, glasses rattling, and. someone passing in and out of the bar. The fanlight—a V lamp over the doorwould light the bar. They knocked at a side door, but it was not opened immediately. While waiting heard a great shuffling as if persous were moviug from one apartment to another. When they went in there were .two girls, Mrs Syma and the servant, and men fitting round the table, Kieganowski, the tailor, who was drunk, Mr Oolpit, aged about 21, son of the saddler, and Mr Grant, baker. Mrs Syms said!' Kiesanowski had come in a few minutes previously; another was a boarder, but ,slie did not account for Grant Grant said they had no drink in since 12 o'oloek. Mrs Syms said she hoped there would be nothing of this, that it would not occur again. Shuffling cardi waa a sort of slippery noise. From the sound

he would Bear that, cards were being played. Did not hear the beer engine going. Constable Slight deposed that he and Constable Hazlett heard talking, the shuffling of cards, and tho knocking of knuckles on the table. It. appeared as .if a game had just* finished, as someone went into the bar and drew drinks. He beard a cork drawn. Constable Hazlett knocked four tiroes, and from the first to the fourth was fully five minutes. There were no glasses. They all seemed to be looking, at each other. There was a sketch map on the table. The witness corroborated generally the evidence of the other constable. The fanlight would suit well for after-hour trade.

rWalter Culpit. butcher, deposed—He was stopping at Mr Syms' that night, because a man bad come down from Te Aroha and taken bis room at Tetiey's. There- was no liquor except a glass of beer which witness had. No cards were played, from 11 o'clock until the time the police''came in. Kiesanowski wanted a drink, but Mrs Syms would not give him one because he was intoxicated. They pasted their .time from 11 o'clock till 20 minutes to 2' talking to each other, and Grant produced a plan of Otunui claims and explained it to him. Mrs Syms did not open the door immediately to the police thinking it was a drunken man who haarbeen at the door a short time previously. . . Qbadiab Grant deposed tho last time he.< went into -Mr Syms' was about 10.30. Witness .wanted to see Mr Syms on prirate business. Mrs Syms went, and answered the policemen's knock at once. Mr I'Syms was expected home by the rirer steamer that night. His in dismissing the case, naively remarked the constables must ha'jre^mistaken Kiesanowsbi's knocking for, drinks, as card playing.