Magistrate's Court.

Waimate Daily Advertiser, Volume IV, Issue 296, 16 December 1902, Page 3

Magistrate's Court.

Before Major Keddell. S. .Vl

W.UMATK, DECKMIiKIi 1 -")

SUN PAY TUAPINna. A. Harris, licensee-of the Empire Hotel, was charged by the police with supplying liquor, on Sunday October 7. to It. Attewell.

Sergt. Warring conducted tho case for the police, and Messrs Solomon (Oamarii) and Hamilton appeared for defondant. Sert. Warring outlined the case for the prosecution. Tie said the case was simple. A man named 11. Attewell was seen coming out of the Empire Hotel with liquor in his possession, and he stated that he got it in the Empire Hotel. He called

11. Attewell. who deposed to j having been in the Umpire Hotel j on Sunday, October 7, about 9.20 p.m. He went in the side door and saw Mr Harris in the passage. The latter, when asked for liquor, said that he didn't like .selling liquor on Sunday, and the police had been complaining about him doing so. However, he agreed to supply witness with 6d worth of bandy for which witness brought a bottle. The bottle was empty and without a cork when he handed it to Mr Harris, but it had brandy in it when lie got it back. Harris told him not to let" the police see him, but just after he got out Constables Christie and O'lialloran took hold of him. They took the bottle oil' witness and took witness into the hotel again. They asked witness if he knew Harris, and if he supplied witness with drink, to which he replied £i Yes." Harris denied having seen witness before during that evening. Constable Christie tasted the contents of the bottle, in the hotel, and found it was brandy. He took it away, and it was produced in Court. Witness had seen Harris on Friday last, and the latter had said, " You're a nice fellow to get me into this mess." He then wanted witness to go round to Mr Hamilton's office and there say what he had told the police. He went and detailed what he had told them. Harris wanted him to say that he had the bottle in his pocket when he went into the Empire Hotel. Cross-examined by Mr Solomon, witness said lie earne into town about 8.:10 that evening and went * to the Salvation Army. He got I bottle in Mr Harris' yard. It was j dark, but he could find the bottle as lie had been there before. He

wanted the brandy for his mother-in-law, who was ill. He did not g-o to any other -hotel that evening, but had been at one in the afternoon. The police saw him in ths other hotel. He was not in league with the police. When lie came out of the army barracks he went into the hotel. Did not know whether lie would get the liquor or not when he wmit in. Harris had dmii.-d supplying witness when nliarg'-d with h by the p ni.-e. .[.[-irrls was teldu., a deliberate lals.rho-Vi when he said lie has not sta-u witness that fvening. Harris had ask- d him to say he had the liquor when In; came into th,; hotel. H" had declined to tell lies. He would swear that lie got the lipuor in tin; Empire Hotel, lie had been told by -I. Atwill that MY .Harris wanted bo see him. Witness did not t"!! Atwi 1! 1 hat lie nover get the liquor in the hnnpire Hotel. He had not. in the presence of Atwill and Harris, d-uici getting liquor from Harris. iI e novu - tnlrl Arthur* Wiilhuns that In- didn't get tie' brandy from the Ivnpiiv.

Constable Christie stated that on Sunday, October 7. lie was in Shearman street with Constable O'Halloraii. Saw Att.-w-dl come along Steward street -and go into the Empire lint-!. When Attewoll eaino out witness went up to hitil, aim seeing the bottle, pulled it out. He took A Howell back into the hotel and met Harris. Th*- latter, when asked. denied supplying AH-woll with the liquor, although the latter declared then that Harris had supplied him. Witness took away the buttle, which AUewell iha-latvd and which witness prov,-], to contain brandv. Th"!'" was another man talking to Harris when witiios;- went in.

W. A. O.sbnrue. stat"d that Miliarias had asked him to get the li.anise transt'envd bo witness, and if this were doiiM without endorsement, Harris would pie.-id guilty to sujapdving Attewell with the liquor. Harris asked him to P-il the police not to bother calling witness if they could get a tran-d'er to witness at once To Mr .-mlo.m-ui : i funis did not admit his guilt, but wished io .smooth over matters and stive trouble. This was the ease tor the prosecution. Mr Solomon said the facts of the ..■ase, us i'.\.v as the det> u'lant was concerned, w ere that the liquor was U"V,-r supplied to Atl-Weli. It WUS wry evidently u out ap job. 1 lands wa.s in n greet srnte of mind, as, if lie got an eudnrseui'-nt oil Ills lieeune his mortgage.: had th" power to foreclose. This would menu ruin to Harris, nod he wa.-, willing to obv.d ouiky or do nay tiling to s.iv.himself. Ataweh's evidence was entirely unsupported, rind le-gave a verv thin stoiy. lb- had two witnesses who declared that Attewell told them he did not. get the liquor at tic Kmpire Hotel. He called

.1. Atwill, wlu; deposed to knowing Harris and Atleweil. 11- had a conversation with the latter about the case on Friday last, Attewell said distinctly that he never got the drink at the (umpire Hotel. Again, in the presence of Harris, Attewell repeated this statement and said lie would sign a document to that effect. Harris asked Attewell to go to Oamaru and sign a statement to that ellect in the presence of Mr Solomon and Attewell agreed.

Arthur Williams next gave evidence. On Thursday last Attewell told witness that he did not get the drink from Harris. This was all that passed. A. Harris, licensee of the Empire hotel gave evidence that Attewell had come into the hots! on Sunday evening, October 7, and had asked for brandy for a sick person. Herefused to supply any liquor and Attewell left. Shortly after Attewell came back with the police. Constable Christie's 'evidence as to what occurred then was true. He was willing to transfer the license to W. A. Osborne and plead guilty to save trouble.

To Sergt. Waring. lie was willing to transfer his license to Osborne and so lose money to save trouble as lie did not know what further lies Attewell would tell. The latter did not get drink from witness that day. This was the case for the defence. The Magistrate said it was au unpleasant duty to have to decide between the evidence of men tellingopposite stories. He thought the man Attewell was telling the truth, and inflicted a fine of £'.), with costs £1 7s. On the application of Mr Solomon the line was increased to £~j Is to allow of an appeal.

Brian Flynn, licensee of the Criterion hotel, was charged with, on December 7, selling liquor and exposing liquor for sale. Mr S. G. Raymond (Timaru) appeared for the defendant and pleaded not guilty. 0. 11. Ebzery was the first witness for the prosecution. On Sunday, December 7, he was in the Criterion hotel about 5.20 p.m. He went in by the side door along with 1:1. Attcwell. Mrs Flynn came in to see what they wanted. Attewell asked for drinks and witness with two other men who were there were having drinks when young Flynn came in, saying the police were there. They heard a knocking, and Mrs Flynn left the .bar just before the police came in. They asked no questions, but went out in a little while. Mrs Flynn said to witness : " You should have gone away when tho police came." After that Attewell was supplied with a drink, and he paid for the two drinks. Mrs Flynn had asked him if he i were a boarder and he had replied that lie was a traveller, going to his work 23 miles away.

To Mr Raymond : He did not give Mrs Flynn to understand that he had just come 23 miles. Atteweil was in his working clothes. The bar was open to give liquor to two other men. He didn't know Mrs Flynn very well and she may not have known he lived in Waimate.

H. Attftwell stated that he was in the Criterion hotel on Sunday, ! >ecember 7. He corroborated last witness's evidence as the entry into the. hotel. He saw the waitress and asked for Mr Flynn. Mrs Flvnn came in then and opened the l>ar to get two other men drinks. His story agreed with that of last witness. The police came to him and he told them what occurred. To Mr Raymond : He did not ask for liquor for his mother-in-law thrt afternoon. He did not see the police between the time he was in the Criterion hotel and when he came out of the Kmpire. He did not tell anyone that day that he had a drink at Flynn's. He did not tell anyone that he was getting £1 for procuring the liquor. He did not know Mrs Flynn particularly well, as Mr Flynn was usually in the bar.

Constable Christie deposed to visiting the Criterion hotel on Sunday. Before entering he heard the clink of glasses. After knocking at the door, which was locked, witness heard the bar shutter closed. There was no sign of liquor when he went in. After catching Attcwel! with liquor coming out of the Empire hotel, witness accused him with getting liquor at the Criterion lintel, which he admitted.

To M.i Raymond : The hotol was very well conducted and he could not wish it better.

Mr Raymond said the sale of the liquor was not denied, but the, defence was that the men had declared that they were travellers. Sarah r-lynu was the first witness for defendant. She went into the bar on the day in question to get change. Two boarders were supplied with liquor and witness denied Atl•■we'll and Kbzety drinks as they were not boarders. They thereupon declared that they were, travellers, having come '2 [ miles. Witness corroborated the evidence, of other witnesses as to the entry of the police. Witness 'did not know the two men. or where they lived, until that dav.

To Sergt. Warring : She was sure the men were travellers, but the mit-dde d"or was 10.-ked. She did

not try to hide the liquor when the police knocked. Th<- locking of the door had nothing to do with the comini; of the police. To Mr Raymond : Mr Flyun had been in the liquor business for 2s yars and had never been charged before wii.li any offence against the Licensing Act.

Matilda. Lawson stated that she asked Mrs Flynn for change and the latter went into the bar for it. She heard Ebzery say they had come 'l-l miles and were going back.

John Sloan, a shearer, said lie was a hoarder at tin.! Criterion hotel .on Sunday the 7th inst. He corroborated Mrs Flvnn's evidence. The two men looked as if they were travelling. Witness locked the door himself when he was about to get his drink. His'Worship said he could not let the case pass. He did not think sutlicient precautions had been, taken to ascertain if the men were travellers or not. Only one question was asked and that was not enough. An experienced licensee like Mrs Flvnn should have taken more precautions. Mr Ravmond here pointed out that His Worship had the power to merely convict the defendant without line, or endorsement if he thought it was a case of misunderstanding. His Worship reserved his decision on the question of the line and endorsement.