PUBLICAN AND POLICE.

Wairarapa Daily Times, Volume XIII, Issue 4087, 12 April 1892, Page 2

PUBLICAN AND POLICE.

Thecase Searl v, Cushion wus contitin lied after we went (o press yesterday, defendant Id cross-examinai lon if it was bis duty to go info a lioeiM house and' drink after hours. V . *. : ,V ; . - ■ poiistajMe ■ Oasjiion became -sorae". ybat edited, 'at tjjis remark, andj the [3encli Wre'd the Oqtiatabld io conSue JjißjseJf to assuming. tbs qu'es;ions ntlssue. . Mr Pownall said he put this quistion because while the police -wore dogging Searl, they were drinking at gther pkceß, and Jio could ptoro it. Mr |ieartj Baid'fcuch "to not the caso, and lio did not think his learned friend comM prove it. If this were bo he should, be pjeaseij to. assist in put'Qonstaljfe oaiiubn; still pder orossexamination, said ho di'd not Vay he would 1 close bp and shift Powell: J Bf| fj'.d ppf&y W'jntprmß> tian.u agfaipst' peopM.' Ife Mfidrew the, information hp lajd gainst Spar] because lto thought li@ 'jjbpujd jjave enongh " lies" to contend against.: Sergeant MoArdle bwom, staled that.lie had seen Mr Searl since the aliegea conversation, and in a friendly manner.ajlviaed him to open the door whien the police'ikno'cked-/ ' Searl; did j not ithen, ,or : pn : any. futgre • occasion,

" flake a complaint agaiDet Constable : Gashion or any other iheinb'w of ihe J foroe. ; c i'" k'j,' ' i At this, stage the Court adjourned i until 2.80. ( > Oh the Court resuming Mr x'owrmll 1 stated that the man .Fulls, who hod 1 been referred to by Constable Cashion, 1 was in Court, 1 _ Mr Beard said- the case for the • informant was closed. It would be 1 very unfair to call Falls nt this stage. ' Mr Lowes, said the Bench, were 1 unanimously of the opinion that tho 1 two informations should be dismissed 1 without costs. ; ' Mr Pownall: Your Worships arrive at (his decision on the whole matter I presume. 1 Mr Lowes: On the whole matter. i REFUSING TO ADMIT THE POLICE, Edward J. Searl, lioensee of the Star Hotel, was charged with failing to admit the police without unneces* 1 sary delay on the eight of 26th March; Sergeant MoArdle conducted tho prosecution and MrPownall defended. 1 Constable O'Leary, sworn, stated: 1 Ou the night of Saturday, 26th 1 Maroh, I was on, duty in company 1 with Sergeant M'Ardle, Both of us 1 were in uniform, and were visitiug hotels on that night, It was between ' quarter and halfspast eleven that we visited the Star Hotel. On approach' ' ing the hotel I saw a man standing ■ on the yerandah. Sergeant M'Ardle rapped at tile front door and the man 1 went round at the aide of the building. | T followod him at the request of Sergeant M'Ardle. I heard Sergeant i M'Ardle knock;loudly at the front ; door but nobody responded. In njy Opinion wo were : six or eoven minutes at the front door. The door at the side of the, hotel was opened by the man who had previously entered as lie was coming out. Sergeant M'Ardle and myself then went in: The man who came out was the nightwatchman, As we tame in I saw Mr Searl in the passage, The Sergeant asked, "Why did you not let did in when I knocked?" Mr Searl replied, "You should. have come to the side door, and,said he had been at supper with some friends and did not hear the knocking. Tho Sergeant said, "How is it your man locked , the door on the constable?" Mr Searl replied that he knew nothing about it, I served the summons ou Mr Searl, When I did sa the defends ant, after reading the contents of the summons, remarked, " I locked the door myself that night." There were twelve or thirteen persons sitting in a room when we entered on the night of the 26th. Sergeant M'Ardle asked, " Are these all boarders 1" Mr Searl replied, " Yes." 1 afterwards saw two men going down the street, and recognised one as having been in tho room when I was. there. By Mr Pownall: I did not go down the back rooms to seo whether any person was at supper. _ Sergeant M'Ardle gave corroborative evidence, i Charles Brown, day watchman at tho Star Hotel, deposed that he had gone in at the side entrance of the hotel but did not seethe police and therefore locked the door, He did 1 not hear tho police knocking. Evidence was also given by Emily Raynerand William H. Kratis, the 1 latter stating that he was having 1 Slipper in the kitchen wilt Mr Searl when lie hoard knocking but did not not know what it was until the watch- 1 man oame in and said the police were 1 at the door. The defendant, on oath, deposed that he admitted the polioe as soon as he became aware that they were at the door, He caused no unnecessary delay. • The Benok said it was unanimous in dismissing the information on the • ground that there was not sufficient 1 evidence that Mr Searl wag aware < that the polioe were knocking or | that he caused unnecessary delay, < At the same' time it pointed 1 out that Sergeant M'Ardle was quite j justified under the ciroumstanees in 1 laking these proceedings, . j