A LICENSING CASE.

Wairarapa Age, Volume XXX, Issue 8866, 29 October 1907, Page 5

A LICENSING CASE.

» ALLEGED BREACH OP THE ACT. INFORMATIONS DISMISSED. Fraser Mana Ross, licensee of the Mauriceville Hotel was charged, on the information of the police, at the Masterton Magistrate's Court, yesterday morning, before Mr W. P. James, S.M., with conniving at gambling on his premises, on October 9th, and, further, with permitting drunkenness on his premises on the same date. Mr C. A. Pownall appeared for the defendant, who pleaded not guilty to both charges. James Z. Jorgeusen stated that on the 9th inst. he visited the Mauriceville Hotel to get his father-in-law, Tharkrog Jacobson, to sign a prohibition order. Jacobson was "half drunk" at the time. By Mr Pownall: Defendant acquired a lease of Jacobson's farm, and the necessary document was drawn out on the 7th inst. The price paid for the lease was 9s per acre, which witness considered was too little. jAt Jacobson's dictation witness wrote a letter to defendant repudiating the lease, and returning the £lB paid as a half-year's rent in advance. Arnold Goodgame said that on the evening of the 9th inst. he and others, among whom was Jacobsen, were playing cards in defendant's hotel. Jacobsen was not drunk. They had two games of euchre and drinks afterwards. By Mr Pownall: Though the loser on one side paid for the drinks in each instance there was no arrangement to that effect. Tharkrog Jacobson, settler, stated that he remembered his son-in-law coming to the Mauriceville Hotel on the 9th inst., to get him to sign a prohibition order. Witness was playing curds at the time with three other men. Two games were played, and the players had two rounds of drinks, , witness paying for one round, and one of his opponents for the other. Mrs Ross served the drinks. In reply to the Magistrate, witness stated that he got very drunk in the hotel before leaving. By Mr Pownall: Witness had a small farm near the Mauriceville Hotel, and this he had laased to defendant while temporarily "muddled" in his head. He admitted having gone to a lawyer to try and upset the lease, and then he went and saw the police in connection with the present case. William Farmer, one of the persons who were playing cards in the hotel, stated that the party had several drinks during the course of the games of cards. Jacobson was sober early in the evening, and was also sober when he (witness) left. Sergeant Miller stated that on the Bth inst. he went to the Mauriceville Hotel to make enquiries about the present case. Witness asked defendant about the card playing, and defendant said that cards were not played for drinks. Mr Pownall, before calling evidence for the defence, submitted that there was not sufficient evidence fen stated that he saw Jacobson £"H^H was then sober. ' George McLennan, livery stable keeper, paid he saw Jacobson at the hotel on the evenings of the 7th and Bth insts., and he was sober. John Mutrie, labourer, said he was in the hotel when Jacobson's son-in-law tried to get him to sign a prohibition order. Jacobson was then sober. - He saw them playing cards on the following evening. Jacobson was then sober. They were not playing for money or drinks. Defendant, in evidence, crossexamined by the police, said Jacobson made him an offer to lease his land at a rental of 9s per acre, but on that occasion witness said he would not oo any business, and asked Jacobson to call again. Witness did -not wish to lease the land iust then, as Jacobson had had a few drinks, and it might be said that witness took advantage of him. Jacobson was sober when the property was inspected and the lease signed. The Magistrate said that defendant knew the position with regard to Jacobson and the lease, and he might see his way not to force Jacobson to carry out his part of the lease. Mr Pownall said Jacobson had not asked defendant to forego the lease. If he agreed to return the £lB paid in rent by defendant the land would probably be given back. The Magistrate strongly advised the defendant to forego the lease on the return of the £lB paid in rent. The evidence was insufficient to justify a conviction, and he would accordingly dismiss both informations.