R.M COURT.

Wairarapa Daily Times, Volume XIII, Issue 4301, 22 December 1892, Page 2

R.M COURT.

MASTERTQN.-WEMEBDAY.

(Before Messrs M. Caselberg and 0. Hughes, J.P.'a).

BREACH OF THE LICENSING: ACT.

On the Court resuming, Ser. geant MoArdle said he did not k. propose to call any further evidence. W Mr .Pownall addressed the Court and pointed out that the lioense was endorsed extending the hourof closing till 12 p.m., and on that ground he asked for a noa-suit on the information for keeping open after hours. The Benoh having over-ruled the objeotion Mr Pownall went on with the case, and said that even although the men might not be bom-Jide travellers, the fact that they represented themselves to be so to Mr Eastwood, exonerated Mr Eastwood from all blame.

Julius 0. Eastwood, the first witness called for the defence said: I remember the 19th November. There was a late train arriving from Wellington. I always wait up for the train. Sold liquor to travellers and boarders only. Refused Watson and 0 Books several times after ten o'olook,' as it was after hours, If Watson had any drink'after ten o'olook I did not serve him. Served boarders and two travellers when the police came in. One of the travellers was from rupum and one from Gladstone. Gave Campbelladrink but I don't know him. Cannot recollect serving, any other person but the two boarders and travellers,

By Sergeant M'Ardle: Asked tbe men if they were travellers, and where they catno from, They said they were bona Jide travellers. Then supplied them with the drink, Did not ask them where they slept the night be* fore. Did not serve Watson with drinks on this occasion. Tbe side door was looked. Campbell was fit to go home, having only bad one glass of beer at the Star Hotel that night. Campbell said ho wanted a bed, On the first visit, of the police I replied "Some are boarders and some aro travellers." Don't Know when either Watson or Campbell came in, Did not see Campbell next morning. Gave him a bed, but could not swear that he (Campbell) slept at the hotel that' night, By Mr Pownall: Told him the number of his room. The bar was^' dosed before.he served them. Did I not know it was necessary to ask where they slept the night before, Was unable to serve a subpeoana on MoOormiok who is away. Edward flawtin, then called, deposed: I was at Eastwood's Hotel when the police oame in. Went in with MoCormick. I came from Gladstone, and MoOormiok from IV purupru, Asked for refreshments. Went to the bar for them. Knocked at tho slide and it was then opened. I rode some twelve or thirteen miles, and had just got hi. Mr Eastwood asked if we were travellers. Told him I baa oome from Gladstone and my mate from Tupurupuru. I got tho drink. Only had one, which I was just drinking when the police came in. My permanent residence is near the Kuripuni station. MrCorraick is away shearing. Wont in at tbo baok door and came out the same way. McCormick and his horses ' were in the stable, By Sergeant M'Ardle; Did not sayjj| bis name was Smith, Possibly his', mate did so. Went straight home when he went out, Considered that that if a man had travelled three miles he oould demand a drink. William Books was then called and said: I reside at Kuripuni, Was with Mr Watson, 'and went into the Star Hotel before ten o'clook on the night in question, Asked for and was refused drinks after ten o'clook, None of the outsiders were served after tea o'olook.

By Sergeant MoArdlo: The police came in about a quarter or twonty minutes past ten. Did not hear any one Bay," I havo it now and I may as well drink it."

By Mr Pownall: The houße was not dosed when Watson and I went in to the hotel, This finished tho case for the defence.

Tho Bonoh then retired to considar the caBO. Oa tho Court resuming, the Benoh intimated, that after, oarefully going through all thei)r evidence, they had deoided to dis» ( miss tho case, tho'evidence for the prosecution being insufficient, lb had appeared that the police had not worked up the case enough. Campbell ought to have been called as an important witness, Also, those witnesses who had been called should have been kept out of hearing while tho other witnesses were being examined, thus avoiding the possibility of any collußion on their part, There was no doubt the defendant Eastwood had not taken the proper steps to ascertain if tho men wmbomftdt travellers, It was for the police to decide whether proceedings should bo taken against an; of the witnesseswho represented themselves as travellers. In view of the evidence before the Court, the Bench had no other course left open to them. -Mr Pownall then explained that if the case was dismissed without prejudice the borgeant could lay afresh information to-morrow, : - ■•< Eventually theoaso was dismissed'* on its merits, Sergeant MoArdle to be allowed to apply for a re-bearing if be can produce farther ovidende. The Court rose at 5,25 p.m.