POLICE v. PUBLICAN.

Wairarapa Daily Times, Volume XVI, Issue 5129, 13 September 1895, Page 2

POLICE v. PUBLICAN.

CHARGE AGAINST MR, J. MANDEL. Joseph Maude!, licensee of the Club Hotel, Masterton, was charged at the Masterton S.M. Court this morning, before Mr T. Hutchison* S.M. with that on August 27th, no**did fail to admit to his licensed premises, without any unnecessary delay, a constable in the lawful execution of his duty. Mr C. A. Pownall appeared for defendant, and Sergeant McArdle prosecuted. Defendaut pleaded not guilty, Sergeant McArdle stated his case. In doing so he said .he had reason to believe that certain matter, dealing with previous dates, etc., would be imported into the case by the defence and if so, he would ask- leave to call rebutting evidence,. Thomas Stewart, constable sfa-, tioned at Masterton, deposed :—I '■*• was on night duty in Masterton on the night of August 27th. I had instructions from Sergeant McArdle to visit all hotels, I arrived at tho Club Hotel with Constable Lawlor, at about half-past eleven o'clock, There were lights in the passage leading from the front door. Tho door was shut and locked, I tried the door and then knocked, ThjK door has frosted glass panels, aiflr there is a small piece-of the frosting taken off, There is no doubt in my mind, that this was to ascertain who might be knocking; whether it was .'"" a constabloornof. The Bench: It is evidently an eye-hole. Might it not ho to ascertain if burglars are about ? Witness continuing: 1 know what It is for, I looked through'after knocking, and 6aw the night-porter, He came to the door and put his eye to the place where people looked through, but I had my eye there and

he could not see, so asked, " Who is there?" I said, "Open the door quick, and don't be running to give tho tip." The porter ran away up the passago towards the bar. I kept my eye to the glass and saw someone come from where the stairs go up and run towards tho bar, but I do not know who that was. The nightporter then came towards the door where I was standing, and took hold of tho key- which I am certain was in the door, as I should have seen it if it had been in his hand—and aftfiM a few seconds the door was opencHF I went inside and straight to the bar The bar-door was locked and the lights turned down. I then went into a room His Worship hero interposed to a6k if tho case was not complete, Was not the charge one of unnecessary delay P Sergeant McArdle said he wished to show that the dolay was to enable people to bo put away. The Bench said this was another offence altogether. However, if tho police wished to go on he would not object. The Sergeant decided to go no further. Constable Stewart, uuder cross-

examination by Mr Pownall, said: I did not see MrMandel in the passage. Mandel was in tho bar and the lights turned out.

A little discussion here took place as to what Constable Stewart meant by ' turned out' and ' turned down.' Examination continued:' I wiUi swear that Mr Mandol camo ou£w the bar. I heard him unlook mP door. Tho S.M. said lio did not see how tho constable could see in6i'do tho bar if it was in darkness. Constable Stewart, continuing: I could not state the exact timo when Mr Mandel came out of the bar. I wbb standing looking right at the door and Constable Lawlor was with mo. Mr Pownall: What did you say to Mr Mandel ? Witness: I don't know, Mr Pownall: Did you not say, " Why tho h— Mandel did you keep me waiting." Witness : " 1 did not," Mr Pownall: " Did not use any oath r"' Witness: " Not that I kuow of," Mr Pownall: Did you swear at all? Witness : " No, I did not. I fold him I would go into the back parlor (where people play cards late) when I liked, not when he had cleared them out. lam as friendly with Mr Mandel as with anybody else. LL would havo brought previous against him, but ho is too good V witness, and gets good witnesses. A lone [policeman's word is no good, The Court asked an explanation of this. Sergeant McArdle said he would not go into tho Club Hotel alone at night, not for £lO. Tho Bench: Would you ha afraid of getting hurt? Sergeant McArdle: If a policoman went in by himself, six or seven peoplo might swear he went in to gel a drink. Mr Pownall said that the truth was that the constable had said that he did not lay any informations because he had no faith in the justice of the S.M. Court.

Witness and Sergeant McArdlo indignantly denied this. Mr Pownall asked if witness had anything to do with a letter signed " Fair Play " appearing in the Wairarapa Blur. It cast an imputation on the Court,

The S.M. said that lie, personally, did not care two straws about ■' Fair Play " or- Lis letters. Tho matter was too trivial to waste timo over. MrPownall said the matter \\Sr certainly paltry, but it was Stat™ that the police had a bapd in the concoction of the letter, and he wished out of ■" fair play" to them to ask the question. ' Constable Stewart: I do not know who wrote the letfor or anything about it! Ido not remember meet-' ing Mr Manrtel after his late case. I did not say to him then " You have done us now, but 111 guarantee to run you out inside of three months," I did not, either then, since or before say anything of tho sort. It was all a ''put on." The S,M, said ho thought the &■ police used to " run in." This was a " run out." Witness continuing: I never made use of any such expression to any one in the town, I remember being |in the street on the night of Monday, • August 26th. I was in conversation with Mr Mandel and Sergeant eleven. jjpF ' Sergeant McArdlp: "Is the Pfr stable' to answer just what'Mr Pownallwautshim to. l - ' " ' The Bench:—The Constable is too "fly"forthat. He is to tell what occurred. Witness continuing: I did not use tho words to Mr Mandel, "If you don't keep that man out of your house, I'll put you up." By the Bench: Who's this—Fair PlayP ■•; Mr Pownall; No, Tour Worjhip.

The Constablo ullttded toaprominent resident, who had taken an active part in promoting a petition for additional police protection, Sergeant McArdle said if matters were forced too far in this direction there might be strange revelations, The Bench: Let ns have tbem by alUeeans, Sergeant. ~ . continuiugsaidMrMandel Was trying to " bounce," and witness bad said "you will get tbo snme show as anyone else and no moro." Mr Mandel bad been accusing the police of partiality. It was about 11.30 wben I came out of the Club Hotel by Mr DongaU's clock. I was not long in the hotel; perhaps five minutes. Tho night-watchman kept us waiting about two minutes. I am positive the key was in the front door. I saw it there, By the Boncb: Did you koop your eye glued to the hole ? Witness: Yes. Tho Bench: Then you did not givo Constable Lawlor a look in at all ? Witness: Well, Your Worship, I believe there is another bole in tho frosting and he kept his eye at that. Cross-examination continued: I believe the light I saw was the gas and not tho watchman's lantern, I would not believe that the gas was turned oil at tbo motor, even if such were shown by Mr Pownall. Jjr Pownall: Not if all the bjHiers came and the most respectable people in the town to swear to it. Witness: Wo have seen your " respectable " witness before, when tbo last case was before the Court. The Bench: What is this " Inst cast" against Mr Mandel be refers to? Sergeant MeArJle : It was a charge of" exposing fur wile" about eighteen months ago, Ir. reply to the Bench, Sergeant MoArdle said Mi-Maudel's witnesses bad then included some of the most respectable men in the town. Constable Stewart by Sergeant McArdle: I do not know who wrote tho letter signed " Fair Plav," Mr Mandel offered to lay £SO to £l, to be given to the Hospital that he could name tho writer. Sergeant McArdle (indignantly) : The police have not yet sunk so low as to write letters to newspapers! The Bench: The whole ljn.sino.ss is very paltry. Anonymous letters of this sort very often do not emanate fnr-from the office of the paper pfflHihing tbem. Witness, to Sergt. McArdle: The conversation with Mandel on the night of the 26th August was after Mandel followed them into the street, Mr Pownall said there was some lad fooling over a petition for extra police protection, Sergeant McArdle said it was nothing of the sort. The feelings of tho police towards tbo publicans, and the public, was tho same before as after the petition. Constable Lawlor, the next witness, said:-I went to the Club Hotel with Constable Stewart, on tho evening of the 27th. Constable Stewart knocked. The night porter came and asked, " Who's there ?" 1 was looking through a part of the door not frosted. Constable Stewart replied to the porter, "Thepolice. Open the door." The man made no reply, but wont up the passago. Wben the man ciune back, he rattled the key in the door, and opened tho door. My eye was at the door all tbjEjmo. There was a fair light buffing, I could not see any key in the porter's hand. I did not take notice. I could not swear whether the man made tho noise in putting the key into the door, or by taking a false turn. I believe tbo key was in tho door. After we got inside, I saw Mr Mandel come from out of the private bar. Heard no conversation _ between Stewart and Mandel outsido, There was no vile language used, at anyrate. The Bench: Why do you say that there was no bad language used ? It has not been suggested yet to yon that there was. Witness: I merely mention it Tour Worship, I thought it might bo suggested, Stewart'made some remarks about the door being opened. By Mr Pownall: t cannot swear to the conversation or language used by Stewart, towards Mandel, \t was something about keeping tbem waiting. I cannot remember the words used. I do not think anything was said about being kept waiting a quarter of an hour, I suppose we wWkept waiting about one or two minutes; not long enough to get cold. The watchman went up the passage on his legs and feet; just in the ordinary way. Ho was not idling up somo matting. There are various ways and forms of walking; tho man walked, in my opinion. He might have been ablo'to go faster or slower. I was not looking through the samo hole ns Stewart; some spots were off theglass, and I looked through there. I do not caro if Stewart says tho man "galloped" up the passage. I believe he walked. The only words used outside the door by Constable Stewart were: "Open the door," Stewart may have added: "Don't be running to give the tip." I would not swear at anyrate which way it was. The Bench: You are not a Scotchman, are you ? You are very cautious, BytheS.M.: 1 did not take notes. Mandel's was tho fourth hotel visited tbftt night. Sergeant McArdle said that was all the evidence, He would, however, ask to be allowed to produce rebutting evidence, if necessary. Mr Pownall, for the defence said intended principally to show that there had been' no unnecessary delay in opening the door, that the night-watchman beard the knock, but not knowing who was there, finished rolling up some matting at which he was working, and putting it into a aide-room opened the door, the wholo thing occupying not more than a minute or a minute and a half. My Mandel would also show that every opportunity had been offered to the police to look qver the house, Constable Lawlor bad given bis evidence fairly, but he must draw attention to the fact that Constable Stewart had strained everything in his endeavour to obtain a conviction against Mr Mandel. Joseph Mandol, on oath, slatedI know the police visited my hotel at a quarter past eleven. Some commercial men and their frionds were in tho commercial room. I wont into the privato bar at eleven, and tJio barman commenced to shut 01). Awas counting the cash. It wouldlo about ten minutes after eleven wben I locked the door of tho |ar, taking the cash to the office. I bad the'' key of the bar in my : .pocket. After Mrs Mandel had put tbo cash into the safe, we both left the office, Mrs Mandel going upetairs, and I towards the Commor- . cialroom. As I reached the folding ddorj I heard someone at tho front door and looked to see who it ■■'.flas. The night-watchman, who Was {ojiiipg up the 'witting in tire' |wii{

it hall,called out "Allright." The e work of cleaning the house is genetir ally started ns soon as things are clear. As soon as tho man got the •s roll of matting out of his bauds, in n the passage leading to the backyard, he returned to tho front door y and asked " Who is thoro," the answer being "Police." I did not >1 go myself, ns, it it was somo ouo I is knew, and he was refused admission io ho might abuse mo. I could soo " who camo in from the position in ie which I was standing, it Tbo Court wanted to know from b the plan produced, bow witness is could see round a right auglo. 'o Wituoss continuing, said:—l saw it the night-watchman open the door, n and Constables Stewart and Lawlor it come in. Constable Stewart said, " What do you mean by koepiug me ir at the door?" The night-watchman said ho did not keep him at the door, and tho Constable replied," If ■o I don't have you one way, I will have you another. There are many I ways of your being had." Tho ,0 police could not see me, as where I t. was standing, it was dark. I then I went through the doors, the police is following, but did not think they I saw me. Stewart was very excited is and was using bad language. I h would not say ho was drunk, but was certain he had bad some drink. , e They looked into the Farmers' Room .. on tho loft-band side of tbo passage, o' I was on the right-hand side. I had the key of the bar in my hand ir and opened the door, asking tho D police to look through if thuy wuuted to. Stewart said,'" What'the h—it is the good to look through now, , s after keeping me a quartrr of an hour at the door, to give you ti.».. l'i clear a your house." I replied ~ui iburc [t, was no necessity, as all who wero in in the bouse when tho'police camo in i where there still. Stewart replied, , s "That's all right, I have got you it this time," and went snvuy, I said, "That's all right. Good night." t The night-watchman's lantern was e in the passage and no other light ~ whatever. The gas was out; the 0 key was in the front door as far an e witness knew, The day after the last case against me I met Constable | . Stewart in the slreot who said" You v have done us this time but I guarantee to run you out of this town s within three months." Implied "I ,f don't think so. You have done your e best." Since then the Constable had r kept away from the house and witness had been told that the e Coustablo said to anyone who 0 asked him to go in, that r he never went into that d— bouse, On ouc occasion I found the Conu stable at my back door, and his x excuse was that hn saw some one come in, and be followed this person, s [Left Sirrac] ===