LICENSING BENCH.

Wairarapa Daily Times, Volume XII, Issue 3981, 7 December 1891, Page 2

LICENSING BENCH.

Opposition to a Transfer.

The quarterly sitting of the Masterton Borough Licensing Committee was hold in theold Courthoupeat noon to-day (Monday), there being present Messrs G. Heron (Chairman), A. W. Cave, T. E. Chamberlain, J. Hesaey, and W, Perry. The minutes of the last meeting were read and confirmed.

The police reported on the applicai tion of En.ma Leonard for a transfer of the Star Hotel to Edward John Searle that the house was in per* fectly good order, but not properly conducted, larcenies being committed therein; drunkenness was allowed on . the premises, the la (7 being systematically broken ; and the house contained a private bar. Mr Pownill appeared for the applicant. He said if there Jjere any. objeorortj present they should state what were their objections, Sergeant Hannan thought the applicant should proceed with his caae.,.^ Mr Pownill said he had the caee. The Bench decided to hear the objections. Albert George Harris, an hotel employee who was recently in the employ ot Mr Searle, stated that he had been engaged as night porter. After ten o'clock he spent very little time on the verandah, and was not in the habit of ringing a bell after ten o'olook. Ha occasionally warned the hotelkeeper of the approach ef the police. On Sundays he was on duty from six \ o'clock in the evening. By Mr Pownall: His duty on the. verandah was to keep off drunken men and to prevent them making an entry. He knew that Mr Searle and the police were not friends. He had been at other portions of the building than the verandah.

Sergeant Hannan: Hovr many drunken men did you turn off the verandah 1 Tbe witness: Two at least. Sergeant Hannan : Where did they come from ?

The witness: I don't know. Not from inside. .

Sergeant Hannan: How do you know the polioo aod Mr Searle are not the best of friends ? The witness: Constable Oashion told mo so. John Flemming, laborer, deposed: Six weeks ago I was at the Stir Hotel on my way from BidwilPs. I was " tight," at the time. (Laughter). By this I mean "drunk." I got what drinks I wanted. Sergeant Hannan : Were you assaulted ? The witness: Do you mean beat (laughter). Sergeant Hannan: Well, beat, The witness: Yes. Sergeant Hannan: Who assaulted you ? The witness: A chap'named Mit« chell. I have been a cripple on account of the beating. Mr Pownall: Why did you not prosecute the man who assaulted you. ? The witness: I had no money, I did not think it worth while.

Mr Pownall: Did you not pick the row and want to chisel a man out of his horse? The witness: I did not. Mr Pownall: Did you not offer to take £lO and not five evidence in this case ? The witness: I did. Mtrtin Cashion, sworn deposed: I was at the Star Hotel on thi Brd September and Sergeant Hannan roquested me to put out anyone who was not a boarder. I looked up a man that night who was in the horrors, and I believed he came from the Star. I went to the hotel about twelve o'clock on the same night and found a horse in the stable. I threatened to impound it. I saw a number of men coming out of the hotel then who were previously ' stated to be boarders. I locked up a man, on the Sunday following for,. drunkenness. I have seen men going in and out of the hotel at all hours. They keep a bell, which they touoh when they see the police coming. You then hear a clatter of feet,

Mr Pownoll: Did you see the man [ring the bell? . .; ; The witness: Yes, several times. There has been.; an additional bar erected since Mr Searle took the hotel. I saw ut number of men leaving, the . hotel on Saturday last about.twelve o'clock. On each occasion I visited the house after ten o'olock I found . people there. Mr Fownall: How many times have you visited Searle's house during the past three months ? ' The witness : Four or five times. * Mr Pownall : Will you swear you

have not visited it nine times ? The witness : 1 will. Mr Pownall: How many times have you visited oth'er hotels ? Have l you visited them four times ? The witness ; Not all of them. Mr Pownall : Are there not .some hotels in the town you have not visited at all ?

The witness : They are, indeed, and I don't intend visiting them. They are well conducted.

Mr Pownall: They have not prose* cuted you for obscene language ? The witness : Mr Searl has not. Mr Pownall : Why ba«e yon and the Sergeant paid such particular attention to this hotel ?

The witness : On account of -their having a b«ll ?

MrPownall : Are there no other houses ia the town whioh have a bell ?^3^ The Witness: Not to my know-\JO ledge.

Mr Pownall: Do you not know .hat there is one at Phillips' ?

The Witness: I doa't. Mr Pownall: Have you not said you would make it hot for Searl ? The Witness: I never have. k Mr Pownall: Have you not-%aid you would keep him in his place 1 The Witness : I have. Mr Pownall: What are you in the polioo? The witness : I have been a firstclass constable for twenty-five years. Mr Pownall: Have you ever been a sergeant at Dunedin 1

The witness : I have not. I have been as good as a Sergeant (laughter). The Bench : This has nothing to do with the case.

Mr Pownall : Have you - not people going into other hotels aftjr ten o'clock ? The witness: I have. ~ Sergeant Hannan : And have you seen as many going into the other hotels as into Searl'a t ; The witness : No. * Sergeant Hannan: What class of people go into Searl's. The witness: They appear to be fighting men? tiergeant Hannan: Hare you ever in your experience seen another hotel with a bell in front? The witness : I have not. Constable Florence O'leary deposed j I have soveral times visited the Star Hotel and found people in the passages and in the rooms. I saw a man drunk there on out' ooiawon,

His name was Bell. Amm had los' a cheque there and 1 went into to the hotel and was told tliat he was upstairs. When I visited the hotel I saw a man on the verandah. I did not hear the bell go. ■By'Mr Pownall: There are a good number oiftea here, principally from the country, who are boarders. These would fill the rooms and passages. I have Been men under the influence of drink. I have been with Sergeant Hannan to the " top house" and Phillips' hotel. Mx Heron : Was the man Bell you saw drunk a boarder 1 The witness: I cannot say. Mr Heßsey : Did you see the man ring the bell when you went 1 The witness: I saw him go towards it. Sergeant Hannan: What do you knu* about the private bar 3 . The Witness: I know there is one. Mr Pownall: I admit there v a room in witch drink is sold, but I will show that it is not a bar witnin the meaning of the Act. Sergeant Hannan quoted the Act to there was a private bar. He that it opened out into a pablic place. He maintained that if the Bench were satisfied any riotous conduct had taken place on the premises they should refuse the application. ■ Mr Pownall : I must ask the Sergeant to show that he is an Inspector under the Act, or prove his appointment as Sergeant. Sergeant Hannan: Surely there is no need for this. I will quote section 4 of the Act. Mr Pownall read section 176, which showed that the Sergeant was not an Inspector. Sergeant Hannan: That applies to the selling of adulterated drink only. Mr Pownall: There is no Inspector, and there can be no objection. Sergeant Hannan then got into the box and proved his appointment on oath. - Mr Pownall : Do you not hold the position of a first-class constable ? The Sergeant: No, I am actingsergeant. Mr Pownall: Have you been gazetted. . The Sergeant: I have, seven years ago. Mr Pownall: Then yon should produce the gazette. The Bench are not supposed to listen to all a Constable says. Sergeant Hannan: I object to such remarks as these after I have been on oath. I claim the protection of the Bench. -*$ The Bench: We will now inspect the hotel ourselves, and will adjourn till two o'clock. (Leit Sitting.)