A LICENSING CASE.

Wairarapa Daily Times, Volume XVI, Issue 5209, 17 December 1895, Page 3

A LICENSING CASE.

H. B. TUCKER v. POLICE.

At the Wairarapa District Couit yesterday, boforo Jfr District Judgo I Kettle, the caso in which H. li, Tucker, licensee of the Marquis of Normanby Hotel, Carterton, appealed against a decision of tlio S.II. Court, in which appellant- was fined £6 for supplying George Wall with liquor on a Sunday, came on for hearing. Mr C. A. Pownall appeared for appellant and Mr Acheson for the police.

H, B. Tucker, sworn, said he was licensee of tho Marquin of Nornianby Hotel. Had boon a licensee for about fourteen years in New Zealand and England. Had never beeu convicted of breaches of the licensing law before. Was iu bed at the time the alleged offence occurred. It was about a quarter to twelvo o'clock, noon. Was in bad health at tho time, A stranger, who alleged ho came from Ponatahi and was on his road to Masterton, came to his hotel on the day iu question, and stating he was a bona file traveller, obtained refreshment, Witness saw tho man going in tho direction of Mastorton, from his bedroom window. Saw tho man later on, speaking to another publican, and then told his wife not to supply the man with any moro liquor, if ho came back, His impression was that he was in duty bound to serve any person claiming to be a traveller,'

Mr Pownall drew His Honor's attention to the fact that the last amendment of the Licensing Act mado the supplying of a traveller with liquor optional on tho part of a publican. To Mr Acheson: Had instated his wife and servants that only travellers were to he supplied. Leaviug out the time of his being away, had been the licenseo of hotels for about ton years. Had never been to Ponatahi, but belioved it to be on the otlior side of Greytown. Did not know the man who came in was Wall. Saw the man talking to another publican about a quarter to twelve. His wife had called to him, " There is a man wanting a drink. He says he is a traveller. He comes from Ponatahi and is going to Masterton," Might havo replied, "If he is a traveller supply him," or " If ho comes from Ponatahi supply liini," To Mr Pownall: Did not keep the bar open on Sunday, Himself or wife always kept the key of the bar.

To His Honor: Ask°d persons who came in this way if they were travellers and where they were from. Also if they were going on further. He did not think it was necessary to ask if a person were a bona fide traveller or where he bad slept the night before.

Thomas Proctor, draper, residing in Carterton, said he was a member of the Wairarapa District Licensing Committee and a Justice of the Peace. He was alsoa Prohibitionist, t and had no sympathy with the sale of liquor, Met the man spoken of, whom ho afterwards found out to bo George Wall, of Ponatalii. Interrogated tho man, who was drunk, as to where he got his liquor. Wall said from Buckridge's. He did not indicate Tucker's Hotel. Thogeueral opinion of those with whom became in contact was that the iMtirquis of Normanby Hotel was much better conducted now than it had been for many years past, To Mr Achesou: Sometimes went into MrTuclier's hotel. Was on the Bench when the hearing of the case against Wall for falsely representing himself to bo a traveller was hoard, The case was dismissed. Gave evidence then similar to that bo was giving now, Met Wall at about noon on the Sunday. He would probably take about ten minutes to come from the White Hart to where witness met him. Know that Mr Buckeridge kept the Marquis Hotel for many years, and it was possible that Wall still thought he kept it. Caroline Tucker, wifo of H, B. Tucker, of the Marquis of Normanby Hotel, corroborated tlio evidence of her husband,

Ada Walsh, waitress at tlio llarquisof Normanby Hotel, gave corroborative evidence. Mr Pownall said this was the case. Mr Acheson objected to the appeal on technical grounds; the first being that the Court was not named; the next, that the appeal had not been made within the limited time. His Honor said ho did not think the Courts could encourage technical objections of this kind. They were similar to the defonce of a man who escaped liability under the statute of limitation, '

Mr Pownall said in this case, tho 1 informant was the Clerjc of the, , Couft. Mr Acheson said that another objection was that tho three clear days' notice of intention to proceed with the appeal, had not been given. Ou these grounds, lie would ask that tlie appeal be dismissed. Mr Pownall pointed out that it was.at tho Judge's discretion to say whether sufficient notico had been given.

Mr Acheson said that three days' notice of appeal bad 'not been given to the convicting Magistrate, to enable him to appear if he so desired.

Mr Pownall contended that Mr Aohesoii having appeared and crossexamined witnesses, ho could not now object to flie appeal. His Hqnor said he would resorvo his depisipn qn thepoints of law. He was pf opinion that the jicenseo and his tyifo'and jibe waitress took reasonable means to ascertain if tho man was a traveller. From the evidence he had heard he should not have felt inclined to convict, The appellant had shown that bo bad a case. He would, however, grant an adjournment till to-morrow morning if Mr Acheson desired it, to produce Wall.,j ]}lr Pownall said lie was quite satisfied to accept the S.J|.'s notes J on the mattor a? eyidence. This was agreed p'on and His Honour adjourned the case till Tuesday moriiitig. Constable Darby, tha informant, Was called by }Hs flpnor, and i]J reply stated the Court office hours, and also the circiimstances connected with the lodging of tbe dociimonts in the appeal. His Honor said lie thoqght tits technicalities in tho case should he Waived as not affecting thp merits of the at all,