PUBLICAN AND POLICE.

Wairarapa Daily Times, Volume XIII, Issue 4084, 8 April 1892, Page 3

PUBLICAN AND POLICE.

An Important Oaso. - Pffii It Wasn't I "Y&nkaofort." In the Mnsterton B.M. Court this morning, before Colonel Roberts, R.M., and Messrs J, Gardiner and T. E. Price, J.'sP,, Edward Searl, licensee of the Star Hotel, was charged on the information of Constable.llartin Cashion, that he did on the 19th of March permit tho throwing of dice, which was an unlawful game under section 191 of the Licensing Act. Mr Beard appeared for the prosecution and Mr Pownall (or the defendant, who pleaded not guilty. Mr Beard briefly stated the circurn* stances of the case. All witnesses were then ordered out of Court. Alexander Falls, sworn, stated that on Snurday, 19th March, lie was at the Star Hotel. Mr Pownall here mentioned that I he was watching the case for the witness and objebted to his being ppjp^alM^njtrit to answer any questions winch might incriminate him. Mr Beard said it appeared some* what inconsistent that Mr Pownall should appear as counsel for the defence and also for the prosecution. He sow nothing in the Act which would permit the witness to incriminate himself. Mr Pownall replied that it was the law of the country that a witness should not incriminate himself out of liis own mouth, Mr Beard; This prosecution has been brought under the Licensing Act and not under the Gaming and Lotteries Act. Mr Pownall i That's the worst of it, If the case had been brought under the Gaming and Lotteries Act the witness would be protected. Mr Beard: The Gaming and Lotteries Aot does not apply, as the place where the offence is alleged to have been committed is not a publio place, Mr Pownall: But a hotel is a public>place. Mr Beard: Not at the hour at which thisoffence was committed I After a deal of argument, tin Bench decided that the witnesi should continue his evidence. The witness, continuing, statec that he went to the Star Hotel a quarter to ten. He left at fiv minutes to ten and returned a fe\ minutes afterwards, He went m a the side door and looked round. H went to see a party, but could no . find him. Witness left the bote about twenty minutes to twelve He .was looking round an flitting down (laughter). He ha not his finger in his mouth (laughter"! . He Baw a number of people ther doing what they do in other hotel* Some were sitting down and som standing up (laughter and crie saw that • tbre picffirtre to be raffled. Severa people threw dice, but he could no recolleot who they were, He believe Boddington won one picture, (Th witness was here asked if he was on< of those who threw, but the Bench ruled that he was not compelled to answer the question), Witness did not actually see any person throwing. 'There was some talk of a gun being raffled, but he left before it came off. He did not see Mr Searl in the room ' when the dice were being thrown. The dice had to be thrown three times on the table or in a basin. Witness did not understand " Yankee grab," not having seen it thrown, Cross examined by Mr Pownall, the witness said he had been several times interviewed by Constable Cashion. Sergeaut M'Ardle called at the stables and asked him if he knew anything, "He replied that he did not care to say, The Sergeant then said if he would tell them what he knew they would keep his name and that of his wife out of it, By Mr Beard: He had also been waited upon by Mr Searl, and interviewed Mr Pownall about the case, A. J.'Boddington deposed that he was at the Star Hotel on the night of the 10th of March, He went there a little before ten and stayed there about half an hour, He then left and did not return, A raffle took place while witness was there, -.The other witnesses called were 'HHttkesept. Pome pictures were being with dice, The dice were - thfowa into 3, basin. The raffle took plfice in a private room at the middle of the houße, Three pictures and a gun were raffled, Witnesß won a picture, He did not understand the k gapie of "Yankee grab,' l never rfcp'ing it, (The witness declined to say whether he threw dipe pp the night in question), ' Cross-examined by Mr Pownall; Tjie raflje took plape about half past .(ppfttniglit. Tjie game was not •' Yankee grab l ' By Mr Beard; Witness had a picture in his possession, having won

Tbomes H, Thompson gave cor. robowtive evidence, stating further that himself and others threw dice in j, basin, A gun wag also raffled. The room in which the raffles took place was a private one. John Neill, who was present when Jhe raffle took place, deposed that -flfce>spm in which the dice were thrown was a private ono adjoining that connected with the public bar. Under cross-examination by Mr Ppwng.ll th? witjpß stated tlmt an MforrMiou'' had 1 been laid a'paipa'r, jfffi fofc a criminal offehce 1 , i)ut wbjcli pasbioti' Lad waited upon liiip and given him' to understand that' jf he jiripjje tjie trpth' in this case the case akipst jijjn not'gp gq l)arjl. By ltfr Beard; The information . against him h&d beep laid by Mf fijPjjdon. Hg did not know what ' Constable Caehion had to do with it. He bad not been spoken to by Mr goarl about the case. No other person but . Constable Cashion bad ■spoken to him about it, •r. i 4 - ■

Thomas 'Gissidy remembered seeing dice thrown in the titar Hotel for a gun. He declined to say whether he threw himself, and could not say who else threw. The rootn in whioh the raffle took place was a private one, Ho could not say if tho , door was or was not open. Edwrnl Welch corroborated the j evidence of previous witnesses. Mr . Pownall was representing hini, as he ' had taken advice from him. Had no t conversation with Mr Searl since receiving the summons, and had not received from any person, other than Mr Pownall, advice as to answering questions. Oonstablo Martin Oashion, next witness, deposed that on the 19th March lie went to the Siar Hotel at a few minutes to 12 o'clock in consequence of certain information received. A man was coming out as lie got there. He rapped at the door. After a few minutes Mr Searl asked " Who's there." Witness told him the police. Asked Searl if a ruffle was going on. He said there had been a raffle, but it was not going on then. Asked him who tha people were who were inside. Searl said they were lodgers. I kftemrds served a summons on r, man named Neill. To Mr Pownall: I said to Neill that I would take no part in the prosecution. Oould swear positively that f was not in the shop to see Neill three times. It was twenty minutes to twelve when I went to the " fcSiar Hotel," It was about four minutes before the door was opened. J did not $o into the house I went to the aide door, Did not go with the Serge nt to Mr Phillips' ho'el that night, I always go to Searl's hotel in uniform. I often go into the street in private clothes, I was not listening at a keyhole at Searl's in private olothes one evening lately. I did not run amy when somebody oame out. Mr Beard asked for the production of Mr Searl's license. Mr Pownall contended that it was unnecessary to produce the license except on the licensed premises, Mr Beard said that the license mu6t be produced whenever demanded. The Bench, after considering the point, upheld Mr Pownall's contention. Mr Beard did not press the point, The register of licenses was next produced and sworn to by Mr J. M. Hickson, acting clerk of the JUL Court. He know Mr E. J, Searl, who was the person referred to in the entry, Mr Pownall objected to the entry being received in evidence, as it was not initialled or signed by the Clerk of the Licensing Committee, and Mr Hickson was not the Clerk. At this stage the Court adjourned until 2.15 p.m.