R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 2810, 30 January 1888, Page 2

R.M. COURT.

MASTEKTON,-MONDAY. (liefoie S. Von mhrmbr R,M) CIVIL CASES. W. Shaw vH. Lee.—Claim LBIO for 7 weeks horse hire. Mr Pownal for plain tiff. No appearance of defen dant. Judgment for amount claimei with 6s costs. Johnston & Co v G. T. RobinsonDebt £39. Mr Bunny appeared foi plaintiff, Mr Pownall for defendant Judgment was confessed. On the application of Mr Bunny, the Courl granted an immediate execution, with Court costs 8s Od, solicitors fee 21s, and Johnston & Co's representatives expenses from Cashpoint 60s, Alleged Sly Grog Selling, Sergt Price v Elizabeth Riddle. This was an action brought under clause 159 of the Licensing Act 1881, for supplying liquor without a license to George Bennet, Francis H. Johanson, and Harry Hill, on 20th December 1887. -.

j Francis Henry Johanson labourer . at Taueru saw mills, ou being sworn, i deposed that on Monday, 26th Decern- , ber last, in company with Harry Hill, t went to Mrs Kiddle's to have a drink. Mrs Riddle keeps a store and boarding house at (he Taueru. Whilst there 1 we met George Bennett, who asked Hill if ho had any money, to which the latter replied I have a few shillings. Bennett then said give me two shillings, and I will go and get some drink, This was done, and Beunett went and got the drinks in the store. He gave % money to Mrs Riddle, and she gave three glasses of whiskey in return. "The whiskey was taken out of a bottle, which was kept under the counter. . At this time they were in the boot-room, but could see what was going on in the store. The three then drank the whiskies, and Hill shouted again, but tliey were still in the same room. Whiskey was again called for, and the money was given to Bennett, who did not bring any change from the first shout. The second time Hill gave Bennett another two shillings, but he could not see what Bennott did with it on account ol the door being olosed.. He brought the drinks back, but no change. They then went into breakfast. After breakfast, witness remarked to Mrs, Riddle that he would like to shout, tytjwMwnwiiey.. 1

it was alright; and brought in four whiskies on a tray. He did not 'pay; for the whiskies at that time. On the' evening of 29th December last, witness went and paid her. Alfred Lovejoy was with him at the time. Accused said witness owed 8s lOd for stores, and also for the four drinks aud breakfast which lie had on Boxing Day. He gave Mrs Riddle a 0110 pound note, and received 8s 2d change. This settled all moneys owing by witness to accused. • By Mr Pownall: When he went on the first occasion it was early in the morning, and Roger's Hotel was not' open, Saw Mr Sogers the day before but had no conversation with him 011 the matter. At the time the drinks were first served, Mrs Riddle was standing in the store, and he could sware he saw her take the money. Neither Hill nor himself asked for the change out of the two shillings paid for the three drinks. When he went with Lovejoy to paid for the drinks lie had ordered, and also for his breakfast. He only had breakfast and four drinks at Riddle's' on Boxing Day. It was on the second, occasion that Bennet closed the door of the boot-room. : By Sergeant Price: Hill stopped at Riddle's 011 the Monday night, but did not appear to be driink.. Subsequently witness got drinks at Roger's Hotel. \ Henry Hill, laborer, remembered | the 25th December. On that night' he was at the Taueru, but could not say whether he slept at Jolraison's, On the morning of 26th December he remembered going with Johauson t6 Riddle's. Bennett was there and. he got three drinks. Did not remember paying for them,. The drinks consisted of whiskey, and he believed they were given to witness'as a present. Was pretty well drunk on that morning, as he had liecn keeping up Christmas,, which was customary with him. Brought a cheque for £2 with him when he came from Mace's to the Taueru. When this was spent witness went back and got two more cheques amounting to £6. On the 26th December (Boxing Day) we went and had three drinks at Riddle's which was a present from George the cook. Took no money back with him to the station. He never did. 1 By Mr Pownall: The night before he went to Mrs Riddle's, Mr Johanson took him home to his place whilst he was under the influence of liquor. Johanson did not give him any drink. When Johanson and witness went to Riddle's the next morning they met Bennett there. Was not aware that he gave Bennett money for drinks, but felt more they were made a present, From where he was sitting in the boot room, he could not see whether Mrs Riddle served the drink. If she had done so he would have noticed it. Am certain Johanson did not shout drinks whilst they were in the breakfast room. There were one or two others in the breakfast room at the time witness was there. Could not say for certain whether any drinks were served dur- ■ ing breakfast time or whether he had any or not. By Sergeant Price :Don't remember what occurred at breakfast time, with exception of having cup of tea, owing to suffering so muoli from the effects , of drink. By His Worship: Bought a bottle of whiskey at Roger's 011 night before Christmas and drank it. 1 George Bennett, cook, at present residing in M asterton, deposed he was at the Taueru on the 26th, and on Christmas Day assisted the cook at i Riddle's. He remembered Johanson f and Hill coming into the boot-room of ! Riddle's shop. When asked if they ] would like a drink by Mrs Riddle, he 'i believed they accepted the offer. He 1 himself was suffering from the effects of a heavy bout at the time, and could -

not well remember what took place. He had a drink in the boot shop, and might have gone into the breakfast room. Could not say whether he li<td a drink there or not. The drinks were handed through the door. In fact he might have took them i'i himself. Hill was mad with drink as well as himself. He had drank plenty of hop beer at Riddle's. By Mr Pownall: Both Hill and witness were intoxicated. He' got a | bottle of gin at Roger's, but Mrs Rogers took it away again. Had never seen Johanson prior to this occasion, and ho was as drunk as any of them. Prom where he was sitting in the boot-i'oom it was impossible to see the inner portion of the shop. He never saw any money pass for drinks. By Sergeant Price: They were all drunk together, but only Hill and himself wera in the delirium tremens. He did not see any of Hill's cheques. Alfred Edward Lovejoy. laborer, residing at the Taueru, remembered

the 26th inst. He met Johanson, and they went to Riddle's Store. He saw Johanson pay an account of 8s lOd for stores to Mrs Eiddlo. All that he heard her say was that there was another account owing, and something about a breakfast, and four other articles. Did not know what the other articles were. This witness was cross-examined, but nothing fresh was elicited. By His Worship: Johanson toldl me he owed Mrs Eiddle for four drinks prior to this, and that he was going to square up for them. On the Monday when witness saw Johanson he was none the worse for liquor. ( Price gave evidence as to his being licensing inspector for the district of Wairarapa, and that noither Mr nor Mrs Eiddle held licenses sell alcoholic liquor. This closed the case for the prosecution.

Mr Pownall, briefly addressing the Court, stated that the evidence adduced was not sufficient to prove a prima facie case, aud that being so he would not call any witnesses for the defence. _ His AVorship, in summing up, considered the evidence was not sufficient to give a conviction, and owing to its weakness he would dismiss the information. A similar case against Mrs Elizabeth Kiddle with , selling liquor to John Mulligan, George Bennett, and Barry Hill _ was dismissed, after exhaustive evidence had been taken. ■ A third oase against Mrs Riddle is prpoqediugas wgo topees,. .