POLICE OR PUBLICAN.

Wairarapa Daily Times, Volume XVI, Issue 5211, 21 December 1895, Page 3

POLICE OR PUBLICAN.

ANOTHER LICENSING CASE. "RESISTING THE POLICE!" This morning, the caso in which Edwin Hotspur Nops was charged, on the information of the police, with committing a breach of the Licensing Act by refusing to leave licensed premises, was called on before Mr T. Hutchison, S.M., Sergeant MeArdle prosecuting, and Mr W. G. Beard appearing for defendant. Sergeant MeArdle in opening his case, said he proposed to oiler the evidence taken yesterday, which he thought the Court would agree was sufficient.

His Worship said from Tucker's evidenco there was no disorderly conduct. The case would bo dismissed if no further evidence came before him. Mr Beard said the most extraordinary part of the thing was that this charge and another charge of resisting tho police had not been laid against Mr Jfops until ho took action against Coustable Stewart. If such an offence were committed, surely the publican was the proper person to take steps. The Bench agreed with this view. Mr Beard, continuing, said these proceedings on the part of the police, had, on the face of them, clear connivance with the hotel-keeper,, and showed an inordinate desire to assist this publican. . Sergeant ilcArdlesaidtheremarks were vicious and uncalled for, The informations had been delayed, as owing to the sittiug of the District Court, he could not get Mr Ibbetson, tho Clerk, The Bench: " You don't want Mr Ibbetson to lay informations Sergeant. The informations aro in your own hand-writing." Sergeant McArdlo said he had been vory busy. He thought it was his duty to lay the information. The S.M. said the innkeeper was j the proper person to have laid the information now before them.

The Sergeant said he thought the police were equally interested. If Nops had not heard that the police were going to take action he would not have proceeded against Stewart. Mr Beard said this was quite false. Mr Nops intended to take action from the very first and had done so. His Worship said that Mr Tucker in his evidence-iii-chief gave as reasons for wanting Mr Nops tnrned ont, that Nops had broken the rules of bis kitchen; that he treated Mrs Soler improperly, and on a previous occasion put bread and cheese into the water jug, Tho only cbargo Mr Tucker made against Nops was that he refused to leave wheu asked.

Sergeant McArdle said lie thought I it rather hard tlmt the police should I be dragged into this Court. Mr Beard: " That's where tho boot pinches." His Worship: " But, Sergeant, you have laid tho present infornmtiou yourself, and you certainly lay yourself open to the remarks of Sir Beard,', Sergt. McArdle • " But it's hard that the police should be dragged into the Court, and when the police bring a case, they do not get the support of the Court," His Worship said this was a mostcxtraordinary statement, When he was on the Bench, he always strained points in favor of tho police, In giving judgment, His Worship then said that the inn-keeper had power to eject any person who was drunk or disorderly. It had not been shown that Mr Nops was either. Mr Nops went into the Prince of Wales Hotel after he had -been told that ho was not to go there. If Nops, liatl committed an offence previously, Mr Tucker would not be justified in turning him out at any subsequent time he might visit the hotel. The information charged Mr Nops with not leaving the hotel when he was asked, and as no disorderly conduct had taken place, it was perfectly clear Mr Tucker had do power to turn Mr Nops off the premises, The information would therefore be dismissed.

A second cbargo of resisting the police arising out of the previous cases was then called on.

His Worship asked Sergeant McArdlo if ho intended to go on with this case.

Sergeant McArdle: "Yes, Your Worship." His Worship said the charge was preposterous in face of the facts. Any man standing on his rights would not willingly submit to boing ejected by the police. At the tirnei flops was ejected there was nothing] in the evidence of either side to show | that he offered any forcible resist-! ance. He (the Bench) took it that! every man taken into custody was arrested against his will, so that the police, by Sergeant McArdle'sshow-, ing, could lay an information for resisting the police, against every person arrested. Sergeant McArdle; "Yes, Your Worship, that is so." His Worship asked whether Sergt, McArdle wished to bring any evidence. Sergt. McArdle:" No, YonrWorship/' ■ The Bench; "Dismissed,"