R.M. COURT.

Wairarapa Daily Times, Volume XIII, Issue 4291, 10 December 1892, Page 3

R.M. COURT.

MASMTON.-SATURDAY. (Beforo Colonel Roberts, R.M). POLICE V, KASIWOOD. This was a case in which Julius 0. Eastwood, licensee of the Star Hotel, Masterton, was charged with a breach of the Licensing Act, by keeping open for the sale of liquor after hours. Sergeant McArdle proseouted and Mr C. &. Pownall uppeared for the defence.

■ Constable Thomas Stewart, sworn, said: I remember the ni°bt of Saturday, t lie I9th of November, I then accompanied Sergeant McArdle to tlio Star Hotel. About ten people were standing at the bar, which was open. Mr Eastwood was behind tho bar. I saw drinks being consumed. A glass of beer was on tho sill and another glass was being served. One of the glasses was taken np by a gentleman, who said, " I suppose I may as well drink it now.' 1 I know one of the men there, His name is Campbell. He boards at his home, Kuiipuni. Returned to the Star Hotel about twenty minutes after tho first visit. Tho side gate and back door were standing open,.

Mr Pownall objected to the evidence as referring to another offence. A second information should bo laid in relerence to the second visit, If, tho police entered the house sixtimei in on« night and fonnd liquor being sold they found out six offences. Sergeant McArdle said it whs the same offence. No two offences were set out in the information and no hour was named, The two visits were within an hour.

Mr Pownall said ho should object and ask his Worship's ruling as he was really meeting two offences.

The Bench decided to disallow the objection in the present instance.

Examination of Constable Stewart continued : On the second visit to the hotel I found two or three more persons present. The defendant was serving a glass of beer. The bar was open, The beer was drunk in my presence. Sergeant McArdlo asked one of the men present his name, ho said it was Smith and that ho lived at Kuripuni. Smith left while we were there. A man called Campbell was drunk,

His Worship said that had nothing to do with the present caso.

Sergeant McArdle said he simply wished to show the Court that the man was not a boarder and was drunk and was unable to get home.

Examination of witness continued: Mr Eastwood closed down the slide. A,man was there-a butcher—who had a drink, remarking in my hearing, ' I did not shout it myself.' The defendant said tt\at all persona present were hoarders except two or three, when wo went in the last time. The first time ho was getting rid of them, A few left while we were in the hotel.

By Mr Pomiiill: Visited all the hotels except Sirs Thompson's on the same evening, . Visited the Club Hotel and found the private open. Persons wero drinking at the bar. They bad just come off a coach. T will not swear they wore all travellers When I subsequently went in with Eastwood I saw ' several people, but no drinking was going en. The barman said he could not close tlie bar as the people were travellers lrom Wellington, I did not mako enquiries, 1 do not think there is any comparison between the Star Hotel and the Club Hotel. No rowdyism went ou at the Club Hotel, Have no doubt liquor is sold in other places, besides the Star Hotel, utter hours; but I den; that the Star was especially picked out. Ido not wink at anything, but would prosecute one case as well as another. I think - Eastwood was entitled to be picked out, The people in Eastwood's hotel were not rowdy on the occasion referred to, Do not see what the Club Hotel has to do with the present offence.

Mr Pownall said that if he could show partiality towards the Club Hotol it would have to do with the case, aud he thought that tad been Bhown already.

Examination continued: Both elides were open. The main entrance was , closed. On the first occasion we called at the Star Hotel I did not notice any door open, On the second occasion the back door was open and the bar passage could bo scon. Sergeant McArdle and I visited the Club Hotel before we went to Eastwood's. Afterwards Mr Eastwood oame to me and said the police bad been rough on him, and a lot of people wero now driuliing in Elkins' Hotel, He bbM mo to go over with him and I went. People were there and I was told they wero travellers. I do not know everybody in the place

Mr Pownal said he wished to show that the police had certain pet hotels, and the present case was a " persecution " rather than a prosecution, Sergeant Mo&rdle said it was not the case at all, and Mr Pownall's remarks were quite uncalled for. By Sergeant McArdle: Mr East* wood took mo to the Club Hotel, He said ho had been into the Club Hotel and found the bar open. I knew two of the people, Mr T, Brown and Mr R.Campbell, who came in tho coachI recollect Sergeant McArdle being told by the batman at tho Club, that he would have to open to supply travellers, but would close as soon as posßiblo, The general conduct of the Club Hotel is good, The Star was well conducted by Mr Eastwood for tho first five or six weeks after he obtained his license.

By Mr Pownall: I could not tell tho exact longth of the passage at the Star Hotol,

Sergeant McArdle, on oath, stated that in company with the last witness he had visited the Star Hotel on the night of the 19th, A number of people were drinking at the bar, and the defendant (Mr Eastwood) was serviug them. The bar was fully lighted up and the slide open. Asked Eaßtwood if they were all boarders, He replied two or threo woro. About eight persons were present. Asled the liconseo to please olose his bar as it was after hours, or otherwise ho (Sergeant McArdle) would have to prosecute. Eastwood answered in a rather defiant manner, but he did not reply. Visited other hotel* and returned to the Star and found people in tbo yard, Went into the yard and found three or four persons and a female. Went to the back door which was open and found the lieenaeo still supplying liquor. Two persons wore, being supplied who had arrived between the first and second visit ol the police. They drank their beer, and were leaving, when he asked ono of them his name. Theraan said it was Smith, and that he lived at Kurupuni, Had then told Eastwood that as lie was transgressing too often, he (Sergeant McArdle) would have to bring him before the Court, He would like to say in reference to Mr Pownail's remarks that on the night in question a late train from Wellington .came in, and ho was present when a

coach load of peopio arrived at tho Club Hotel, They were all travellers. Tlio manager had told him that ho would have to open the bar and serve then) and bad been told to close again ns soon as po'-siblo ns the |iolico intended oallmg again to see it was dono.

By Mr Pownall: The people in the yard at the Star Hotel were playing " hide-go-seek." I could not prevent the Club Hotel bemg opened to travellers. , I did not give the Club H4el manager a " tip" when I said lie had better olose ns soon as lossib'e after serving the travellers as ttie I police would yisit the bouse again. This' closed tho ease for the prosecution. Mr Pownall said that he should asked that the information be dismissed.

His Worship agived that on tli'i occasion of the first visit there was nothing to answer,

Mr Pownall then contended that tho back door being open did not show that within tho meauing of tho Act the premises were open for the sale of liquor, Some provision must bo made for boarders coming in and going out. He submitted that the hotelkeeper was entitled to keep a door open for the convenience of boarders. The charge \»as keeping the bouse open for the sale of liquor. The Court would have to find that the house was open expressly lor the sale of liquor, aud this he contended could not be done. He (Mr Pownall) further stited that the information was bad, as it disclnsed no offence under the Licensi.ig Act. The informatien was " fur keeping open for tho sale of liquor during the time the premises were dircc'.ed to bo closed by the license,'' instead of by the Licensing Act of 1881, Furthermnroifan offence was held to be .disclosed, the information must bo dismissed because it had not been shown to the Court what the licensed hours were, as no licenso had been produced. Another objeotion was that no offence was disclosed unless it was shown that the house was kept open for the sale of liquor to other than bona fide travellers, Seigeant McArdle maintained that ■the information was strictly in accordance witli tho wording of tho Act, Ho would further contond that tho evidence was clear that tho back door of the Star Hotel was open lo the public for the Bale of drink.. The door also faced Chapel Street. There was no comparison between tho piei'eiit caso and the cases quoted by Mr I'mvimll, The. police were not proceeding against the persons who were in the house but against the licensee for keeping open, He would ask the Court to order the production of the defendant's license,

His Worship said he could not inako the order as the case had been closed.

His Worship said ho had decided to dismiss tho information on Mr Pownall's objection that no licenso had been produced in evidence,