RESIDENT MAGISTRATES' COURT.

Waikato Times, Volume XIII, Issue 1106, 26 July 1879, Page 3

RESIDENT MAGISTRATES' COURT.

Cambwdoe, July 23, /Before AV.H. Forfchcroffc, R.M., and Col. v Lyon,J.P.) William Walker was charged Avith keepJag open hia licensed- Iwubc, tho Natiouul

Hotel, whem ordered to close the same by a J.P. during a riot between the natives, which occurred on the 19th June last. Mr O'Neil appeared for defendant, who pleaded not guilty. Wm. Brennan sworn : lam a constable stationed at Cambridge. On the 19th June last, a disturbance took placo m Dukc-strcot, caused by a European striking a native. It eventually turned into a tribal affair, and there was a riot and soA'eral fights. In consequence of that riot,lAvent and soarchedfor Major Wilson. I saw him m Duke-street, and asked him to close the publichonses. We first Avent to Mr HcAAdtt's. Major Wilson went m and ordered him to close, and he complied immediately. We went from there to defendant's house. I went into the bar and saw his barman, Walter Smith, and told him to close the bar for the remainder of : the night. There Avere a number of natives about. He said he would, so we left. We then went and visited the other two hotels. In about three-quarters of an hour Fl returned to the National Hotel, and Avas surprised to find it still open, and a number of 'natives inside. I, went m and asked W. Smith why it was not closed. He said, "I told Mr Walker, and he refused to have ifc closed. You will see him on the verandah." I went to the door and asked him his reason for not closing. I said, " Hoav is it, Mr Walker, you have not closed your place, you have no business to keep open after the others havo closed." Mr- Walker refused . aski ing Avho Avas Major Wilson, what autho--1 rity has he ? I said, " Major Wilson is a J.P. and Licensing Commissioner, and has full poAver nnder the Act to close your house." He again refused. I sent a man doAvn to Major Wilson and asked him to come up to the hotel again, as Mr Walker refused to dose. Major Wilson sent back Avord thafc he would not come liimself , but sent a Avrifctcn order Avhich I was to read to Mr Walker, and if he then refused to close, I Avas to do so by force. I went into the bar and called m Mr ' Walker, and read it to him twioe 0A r er. I then asked him if he Avas still of the same i mind, or if he Avas going to close quietly. ] He said, " I will not close." I then , cleared the bar of a 'number of natives, j and closed the door. Mr Walker was | present and tried, to obstraot me all he could, but some one that was by took him away. W. Smith has been barman fdr a number of years and is stilL and he was the person Avhom Major Wilson requested to close m the first instance. Mr Walker then, after I had closed, asked if the other houses were closed. I told lum they Avere and that I had told him so several j times. In that case, he said, giA r e me I your hand, old man ; I AA'on't sell another ' ?dass to anybody to-night. I then left he house, relying on his word not to sell any more. About half an hour after I loft, I received a message that Mr Walker had opened the house again, and threatened to punch the head ®f the constable m charge. I returned immediately and saw Mr Walker m tho hall among a number of natives. He said, "Well Brennan, old man, I have not seiwed a drop of drink since you left; I then cleared out a number of natives ; the door leading from the hall into the bar Avas open. There Avere some Europeans inside, and natives trying to get m. Cross-examined by Mr O'Neill: The National Hotel is m Taupiri Road, not Duke-streefc. The thick of the riot was m Ddke-street about the Masonic Hotel. It avos about 4 p.m. Aviien I went with Major, Wilson to the National. I only saw , Walter Smith, he Avas ordered fco close, j Tliere Avas no disturbance near the Hotel. I returned about a p.m. and then saAv Mr Walker, ho appeared veiy excited. He said by what authority am Ito close. 1 replied Major Wilson has ordered'it, and he has the poAver to do so There Avere three people present when I road the order twice to him. Mr Walker refused point blank to close when the order was presented. I closed the honse immediately after reading the order. So far as I know personally the bar was not re -opened. I do not know if any natives lodged m the hotel. ( Re-examined by Sergeant MoGovern : Duke-street Avhere the riot occurred is about 250 yards from tho National Hotol. A number of nafciA'o rioters made a rush for the National, when the othor houses wero closed. They did not appear to be very rowdy theu. Mr Walker Avent botAveen mo and the door when I went to closo ifc, and I pulled him m. Major Wilson was then examined, on oath, and said : My name is John Wilson. I am a J.P. and Licensing Commissioner, residing m Cambridge. There Avas every appearance of a riot taking place on the 1 Oth of June, and, m consequence, I thought it my duty, as a J.P,, to close the licensed houses. I should not have done suoh au arbitrary act other Avise. I Avent Avitli Constable Brennan to the National Hotel, aud tried to see Mr Walker, the proprietor, but, not seeing him, I told Walter Smith, the barman, I liad closed all the ether publichonses, and Avished this to be closed also, as I did not wish tho natiA-es to get any more drink. Ho said ho Avould close, and I Avenfc away. I after Avards gave a written order to a constable, who came to my place, and told mo Mr Walker Avould not close. , Cross-examined by Mr O'Neill : Tho natives threatened to pull the Masonic Hotel down. I ordered the barman to close. I sent the' written order as a Licensing Commissioner. When I gave the first order, I gave it as a J.P. and L.C. Walter Smith, barman, m the employ of Mr Walker, said: I know the last witness to be a J.P. He came m, and asked me to shut the house up ; that was all. I did not knoAV there Avas a riafc going ou. I did not close the house. As soon as I saAv Mr Walker, I told him Major Wilson had come up, and ordered the house to bo closed. Mr Walkor would not close, because no reason had been given. Ifc was not shut then. When Mr Walker got an order from Major Wilson, it was closed. Mr Brennan closed one half of the door, and Mr Walker the other. Cross-examined by Mr O'Neill : Major Wilson did not say* he Avas a J.P. As soon as Mr Walker got the order, ho closed, and ifc was not re-opened till .he next morning. Major Wilson genre no reason for closing the house. There were several other witnesses m Court, but were not called. This closed ! the case for tho prosecution. ] Mr O'Neil submitted the information Avas defective. Major Wilson did not order the house to be closed on account of the riot, but simply requested it, as he did not -wish the natives to obtain any more drink. The Court was cleared for about ten minutes. Upon reopening, the Bench ruled the objection Avas good, therefore, Mr Walker AvOuld get the benefit of the doubt, and the case be dismissed. _ But, the Bench hoped it would be a caution to publicans all over tho Waikato, not to resist laAvful orders m time of riot and danger. , „, , . Mr Walker -was charged with having committed a breach of the Licensing Act by selling and disposing of alcoholic liquors during prohibited hours, on the night of the 12th July, 1879. Constable Brennan sw®*«, deposed : I am a constable stationed at Cambridge. Afc 10 n.m. on the 12th July, 1879, 1 directed" Mr Walker to close. He olosed the front door. About 10.30 p.m. I returned and heard a great noise m Mr Walker's hotel, glasses gingling, &c. I Avent inside, and found the bar full of Europeans and Maoris. They all seemed fco be drinking, and Mv Walker and tAVO barmen serving. I asked him how it Avas he was openjso lato. He said, "ho was sorry, hut could uot tdp it." It seemed

to be beer or shandygaff the people m the bar wero drinking. They were filling drinks out when I went m. I saw Pete. Thompson and William McFarlane drinking at tho bar. McFarlane had also a bottle of spirits on leaving the bar, which Avas open. I entered the house at halfpast 10, and these persons AA r ero drinking at 25 minutes to 11 p.m. By Mr O'Neil : I don't know that the Maories were on business afc the hotel. I saw Mr Walker serving liquors, but cannot say but it was supplied to a boarder. W. Clifford and P. Thompson were not boarders, and they were supplied with liquors. Mr Walker did not tell me Thompson and McFarlane Avauted drinks, but he Avould not supply them. By Sergeant McGovern: Thompson, McFarlance, and Clifford reside m Cambridge. Wm. Clifford sworn, deposed: My name is Wm. Clifford. I remember being m the National Hotel on Saturday night, 12 instant, about 10 o'clock; there were others there beside me. I was not supplied with any drink, nor did I see any ono else served, I was only a short time there, By tho Bench : The street door was , closed. I Avent m by the side door. I went m for the purpose of getting a drink bef re going homo ; the lights Avere burning. W. McFarlane and Peter Thompson, both called by the prosecution, gave similar evidence, denying having been [ served' Avith drink after 10 o'clock. Mr O'Neil submitted there was no case made out. The three witness for the prosecution had seen no liquor supplied ; but if the Bench thought it desirable, he could call further evidence m favour of his client. The Bench agreed AA'ith Mr O'Neil thafc the prosecution had failed, and therefore dismissed tho case,