PUBLICAN AND POLICE.

Wairarapa Daily Times, Volume XIII, Issue 4118, 21 May 1892, Page 3

PUBLICAN AND POLICE.

Sequel to the Gambling Case. Prosecutions For Perjury.

Un the Court resuming at 2.80 on Friday, J. M, Hickson, Clerk of the Court, deposed: I was present in Court on the Bth April when the charge of allowing gambling on his premises was heard against E, J. Searl. The evidence of Godfrey on that occasion was to the effect that Searl knew nothing whatever ahout the raffle and that he was not present in the room. [ remember Godfrey saying Searl remonstrated with liim for having a raffle on his premises, The record book was signed by Colonel Roberts, showing that the case was hoard bofore him.

William Britling, umbrella-maker and mender, residing m Wellington, deposed that he remembered the 19' h March last. On that occasion he was at the Star Hotel about half-past nine. When he first went in he saw the accused raffling three pictures in a room of the bar, The accused was at first gettingup the raffle, but afterwards the hotelkeeper went in and assisted him. There were a large number in the room wheH tho pictures were being raffled. The accused was taking down the names, and both he and the publican were taking money. After the pictures had been raffled the acoused and Mr Searl commenced to raffle a gun. Searl said the winner could either have the gun or £3. The gun was handed round by the accused and Searl. Searl took the money and the accused put down the names. Searl took either two or three throws to make up the number, The name of Searl wa3 on the list; it was' put thereby Godfre'y'at Searl'srequest.When the dice were heing thrown the man at the door called out that the police were there. The; gas in, the bar was then pt out by Bead's instructions, Tho basin was put under the table by accused, and Searl put the dice box in hjs poo|et. Tk police went away and the raffle was continued, Hp could, not say who won tho gun. Searl was in the room when the raffle took place after the nolice had gone. They all then had a "shilling in," By Mr Pownall: He was quite sure he knew Mr Searl, and would swear he was thero. Ho went into the Hotel at 0.80 p.m. and the raffle for tho pictures was then taking place. He was certain of the lime. He asked Searl for a bed but was refuseel one, Searl said ha. wa,s full up, but witness'afterwards fount! out 'he was not.' T. he 'raffle for the pictures took about half an hour and would be finished by ten o'clock, The raffle for the gun took about an hour after that. When he left the hotel after the raffle he met a constable, and told him a raffle was going on inside. He gave this information because Searl would not givo him a bed. The constable asked him his name next morning. He had not seen the eri» deuce given ft the'previous'case. He did not knjW afljj; Briton ill the room excepting the acoused and Searl. It was about a quarter to eleven when there was a fluster about the police and the lights went out. When th e alarm 'Was ; given the ddtfr of the rob hi in which (he raffle' was'taking pld ce was slitit, He was in the room from M o!cjbok tjil after tlie raffle w jtho.q't leaving it! The police ca'me about halkpas) ten.' The gun was being raffled in a rQ°m just off the bar when the polioo oame, The pictures were raffled in a front room. He saw Searl throw the dice with his own eyes, He believed they were

throwing "Yankee Grab" for the gun. The dice were thrown three times and the totals of the throe throws addon! together. They wore playing " first pop" at the" shilling in" (laughter). Ho did not notice atiy cliange in the acousod sinco the night of the raffio, He had the same white hat (laughter). He eould not name any person exoep'ing himself who gave money to Seat! He paid two shillings to go in for the raffle for tho gun, Air Pownall: Do you know who was the barmaid ? Witnss: Oh-, some good looking young lady (laughter), Mr Pownall: Do you know who she was? The witness: Ido not. Mr Pownall; What kind of bnsin was used for the raffle?

The witness; One they wash in (laughter).

Mr Pownall: But what was it made of?

The witness: Of crockery. Mr Pownall; Wer6 you not in Court this morning when Sergeant M'Ardle gave his evidence?

The witness: 1 was not. Mr Pownall: Did not Constable Oasliion ask you to go out ? The wituoss: He might have done; but that was during the tirst case. Mr Pownall; You were griuding scissors when you went to Searl's to get a bed ?

The witness: I was not. i never ground any scissors in my life, lam an umbrella-maker. ,

Air Pownall; Havo you over given evidence for the puhce l.efore ? The witness: Never. Mr Pownall; Were you never in the Court before ?

Ti:e witness: I was onoe up for drunkenness and fined five bob (laughter). Mr Powuall: You say you sen no alteration in tbo accused since you saw him at the hotel ? The witness: None Mr Powuall: Was he olean shaved then ? ' % The witness: Explain that again please, . . Mr Pownall: You never had a shave yourself I suppose ? (laughter), The witness: I have. Mr Pownall: Then why do you want to explain ? Was. the accused clean shaved when you saw him ? The witness: I cannot say as to that, He had no heard. Mr Pownall; 1 thought you said there was no change in him ? The witness: I am telling the truth, the whole truth, and nothing but the truth (laughter). Mr Pownall: What is your occupation? The witness: lam hawking jewellery. Mr Pownall: Did not Searl have a row with you about bringing in duffers of watches 1

Tho witness, I had no jewellery then. Mr IPownull: When did you leave Masterton ? The witness: On the Sunday after the raffle, Mr I'ownall: Where did you stay on the Saturday night? The witness: At Wright's boarding house, [The witnesses for the defence were here brought into the Court to identify the witness,] :. Cross-examined by Mr Beard the witness stated that the police went to the side door of the hotel. He could not speak positively, as to the hour when he left the hotel.

Arthur Richards, on oath, deposed that he remembered the night of the 19th March, when he was at ths Star Hotel. A raffle was taking place then in which be had a ticket. It was a raffle for pen and ink sketohes. He reached the hotel about 10.15. The raffle had not then started. The pictures were thrown for with dice. He was asked by a man nuiaecl Ford to take part in the raffle, bat lie did not see him put down any names. Ford appeared to be conducting the raffle. Godfrey was also conducting it. He saw Searl in the hotel, but did not eee him in the room when the raffle was being thrown. He thought he saw him there when the raffle was being got up. He did no hear Searl say anything about the raffle, which took place about half an hour after he (witness) arrived at the hotel. The raffle for the pictures took place in a parlor in which there was a piano. He was present until both the raffles were over. The money for the raffles was paid to Mr Godfrey, who put down the names. He saw Searl in and out of several rooms whilst the raffle was being arranged, including the room in which the raffle took place. ■ He was going in and out of the room, After the raffle for the pictures a raffle was got up by ; Godfrey and Ford for a gun. He did not know that Searl had anything to do with this raffle, although he was walking up and down the passage. He could not a>y whether Searl took part in the raffle for the. gun. The door of the room in which the raffle was taking place was shut part of ihe time and open pail The gun and picture raffles took place in the same room, fy had noco'nversaton that night with Bead ahout the raffles, and did not hear Searl say anything about them. When the list for the picture raffle was being made up Searl was once or twice in 'the room, He could not say whether or not Searl was in tho room .when the raffle was being conducted. : lie should think Searl was of wbi(t was going on frqm Ins haying passed ip opd out of the rooms. B.ea'rl was present when both raffles were being got up, but he did not see him when they were being thrown, By Mr Pownall: He would not swear that Searl knew the raffles were going on. Donald Nicholson, Sworn, deposed to having been at the Star Hotel on the night of March 19th. He was there between sgven and eight in the. evening./' He saw Searl iu the. passage 'behind the public bar. Searf s.aid, the pictures WO.utf be worth £9 and well' worth framing to anyone who got them. He said anyone who got them would be lucky and referred partieularly to the sketch of Carbine. He had been asked by Godfrey to take tickets in the raffle, but did not do so.

■ By Mr Pownall: Mr Soarl was not present when Godfrey asked bim to take a ticket

By Mr Beard: It was after he bad beon asked to take the ti'oket that Soarl spoke' to him, George Purviss, butcher, residing at Eketah'una, deposed that on' March L9tb last lie was laid up in the hospital. He knew Seaii and bad seen the accused before. He had not 6oe& the owner of a grmfor several years, ' He hud never a gq'ri to tithef HeaVl qr Godfrey or'aqthorised them torafflea gun lor bim. He had not received the proceeds of the raffle of a gun, Godfrey bad spoken to bim several times, but he did not remember what be said about the gun, He could not say whether or not Godfrey spoke to him about the

[gun. He had had so much domestic and other trouble that he could not remember what Godfrey said.

By Mr Pownall: He had a man stopping with him during the strikes in Wellington, but he did not leave a gun with him, although he owed him money. He did not think the man had a gun, Ho wrote to him for money but received no answer to his letter.

By Mr Beard: Re came to Maslerton before thooaseoame on and had a.conversation <ritli Searl and God frey about the gun. Searl Bent for him to come down. He came down last Wednesday, He spoke to Godfrey about the gun and the Court, but witnesß was not told what to say in Court. Godfrey had never asked him to swear the gun was bis, Henry Chase deposed, to having been in the Star Hotel, and taking a ticket in the raffle.- He did not, however, return to throw and did not see Searl in the hotel until late at night, Cross-examined by Mr Pownall the witness stated that when being questioned on the previous day Constable Koche called him a "b—scoundrel." He also stated the : . Constable asked him for what money he had. The Court adjourned at 6.80 till the following day.

SATURDAY, On the Court resuming this morning Mr Beard stated that it had ap pi'ared in one of tho papers that the case against Searl had been withdrawn owing to the constitution of the Bench. He wished to com radiot this statement, as he haddecided to offer n > evidence merely on account of matters connected with the case. It bad also been stated in one of the papers that the prosecution h»d summoned the Bench all round, and that it was time suoh' a thing was put a stop to. He wished to point out that one Justice only had been summoned by. the prosecution and that was MrGardiner,

LP. The other Justices had been summoned by the defence; He urged that it was quite time such a thing was put a stop to.

Mr Pownall said. it. was a most extraordinary thing that a fresh information should: be laid against Mr bearl.-

The case against Godfrey was then iroceeded with,

J, M, Hickson; acting Clerk of the Court, produced, certain dooumeuts in connection with the case Police v. Searl.

John Gardiner, J.P., deposed that he-had heard the case Police v. Searl in conjunction with Colonel Roberts, R,M,, and Mr T.E, Price, J.P, The case had been dismissed, The report appearing in the Star with reference to the case was. correct as fur as it went. , ! :

By Mr Pownall: Godfrey qualified his evidence by stating that Searl was uot in the room," to the best of his knowledge," The report appearing in the Waiiurapa Daily Times on this point was correct. Mr John Gardiner, J.P., said that having given evidence "he would not resume his seat on the Bench,

Mr Beard expressed a desire that Mr Gardiner should return; Mr Gardiner: Under those circumstances I will return, This concluded the case for the prosecution.

Mr Pownall submitted for the defence that there was no case to answer, He maintained t that a false statement regarding the gun of Purviss was not material as it did not aUect the case against Searl. The law for an indictment for perjury was not fulfilled, The evideuoe of that he did not authorise Godfrey to sell the gun 'was not corroborated. With regard to Searl being in the room, this was not the question at issue. Supposing Searl to have been in the room it waa nocessary to prove that he was there with the knowledge of Godfrey, This had not been shown, neither had it been shown that Searl was in the room, The evidence of Writhing should not be regarded at all, as it was so thoroughly inconsistent, Tbe evidence for the prosecution was throughout contra" dioory, and he would therefore ask that the information be dismissed Mr Beard contended that all the Bench had to consider was circumstantial evidence. He urged that on the evidence of, Brittiag and others the accused must be committed. It wae clearly evident that the accused Lad endeavoured to shield the person for whom hewas giving evidence by making statements which he alleged were untrue.

Mr Pownall again addressed the Bench in support of his contention, The Bench, after a retirement of half an hour, stated thny considered the evidence insufficient to justify a committal and therefore discharged the accused. The hearing of the two remaining charges, Bead v. Cushion and Police v. Searl, was postponed till 10.30 on Monday. .'■■ ■;■.;; ■