LICENSING PROSECUTIONS.

Auckland Star, Volume XVII, Issue 298, 18 December 1886, Page 2

LICENSING PROSECUTIONS.

The large amount of interest avinced in tho licensing prosecutions against: Hubert Oram was shown by the crowded attendanse of the public; at the Police Court today. Ths defendant, Hubert Orana, was charged with setting liquor during prohi bited hours, on tho niLht of December 3rd.—Mr Laishley appeared in conjunction with Sergeant Pratt for the prosecution. Mr Cotter appeared for the defendant, and pleaded not guilty.—Air Laishley, for the prosecution,- said that on Thuieday last three informations laid by the police against Mr Oram oamu before the Court. The iirat case was heard, and Mr Oram fined £5 and costs. The remaining cases were adjourned till to-day, and this was the second of them. It would be observed that this was not a charge of Sunday liquor selling, but of selling after hours. He scarcely thought it requisite to call His Worship's attention to tho only excuse that could be sot up, viz., that of the traveller excuse. Such an element could hardly bo brought into the case, but if it should, he reminded tho Bench that the onus of proof rested on the defendant to show that such representations were made. —Henry Callan was then called, and deposed that he was an engineJitter, residing at tho Albion Hotel. He resided in that hotel on the 3rd December, aDd slept there that night. He know Oram's Hotel, which was at the corner of Hobson and Welleeley streets, and just across the street from the Albion, Ho was at Oram'a Hotel on Friday, the 3rd' of December, a' out 11 o'clock in the evening. It was probably after 11 o'clock. He went in with two other men named Mclsaaca and Gregory Nicholas.—All witnessos were ordered out of Court at this stage of the proceedings at the request of Mr Cotter.—Examination continued : They came out of the Albicn Hotel together, and went up Hobson-streot together. Coming down the street again, they saw the doar of Oram'a Hotel open, and witness a3ked the others to come and have a drink. At hii invitation they went into the hotel. They did Dot see anyone when they went in, and therefore sat down in a eide room. Witness knocked on the table, and Mr Oram camo. They askf d if they could have a drink, and ho walked past to the bar, while they (Mcleaace, Nicholas, and himself) followed him. When they reached the bar, witness asked Gregory and Mclsaaca what they were going to have, and they called for beer. Witnes3 asked for a long beer also. Mr Oram, the defendant, served them. Wit-. nesa paid him a shilling for the three beers. Ho took the money, but witness could not say what ho did with it. They stood at tho window talkiug to Mr Oram for a while, but there wag no conversation relative to tho drinks.—Uy Mr Cotter :He went out that evening to take a walk. That was about half-past ten o'clock. MeIsaacs, who was with him, stayed at the Albion, while ho believed Kichoias lived in Wfcllington-atreet. They went out of the Albion at witness's request, and witness did not hear anything said about Oram's Hotel before coming out. He would swear that he did not soy anything about it. They walked up Hobson street as far as Cook-street, and Oram's Hotel was not mentioned till they reached St. Matthew's Church, on tho way down. They went to Oram's Hotel instead of tho Albion because when they were coming out of tho latter hotel, Downing said ho was going to close the bar. — Mr Laishley could nob see what bearing this lino of cross-examination could have on tho case. Even if it were shown that tho affair was a put-up one with Downing, and that tho witness was acting tho part of informer, it could not mitigate the olfdnce. — Mr Cotter : It might mitigate tho penalty, though —His Worshipheld that the evidence was not irrelevant.—Cross examination continued : Mr Oram did not ask them if they were travellers. Nothing was said, and no questions were put. He did not remember being at the hotel on the following evening, but Gregory Nicholas said ho was tliero, Lie did not remember going to the hotel on the Saturday evening and being refuEcd. Remembered going to the houcc on Sunday, and Mr Oram putting him out of the houso, Ir. wa3 not because he waa refused liquor that he gave this information to the police. He believe! he said in tho Albion that he was refused at Oram's. Ho w>ant to Oram's to get a drink, although ho lived at an hotel on the opposite side of the street. lie did not conaider ho waa bound to get all his drinka at tho Albion because he lived there. After bo was refused at Oram'u on Sunday night, he went with a young fellow whom ho did not know,and to whom he had been talkinu in the street for half-an-honr, to tho Albion for a drink, but they wcidld not serve him because of tho young man who was with him.—By Mr Laishley : Be was not put up to entrap Oram on the 3rd of December, aud it was nover suggested to him on any occasion by any person that he should go up to entrap Oram. It was not true that ho went in to entrap Oram because he refuted to serve him. It wa3 on the Sunday following thut he was refused. He did not inform anyone against Mr Oiain until Sergoant Pratt sent for him, and no one suggested to him previously that he should inform.— Frank Mcleaaca, bushman, living at the Albion Hotel, remembered Friday, the 3rd of December, when ho waa living at the Albion. Ho saw Callan on the evening of that day at the Albion. Callan askod him out for a walk, and he went. There was another man named "Greg" or gomethiug like that, but witness did not know him. — The next witness, Gregory Nicholas, was then called in, and tho witness recognised him as tho man referred to. They went up Hobion-street for a walk, and subsequently went into Oram's Hotel at Chilian's invitation to get a dirink. The evidence of tho witness relating to the supply of liquor was to the game effect as Callau'a. No question was put aa to whether they were travellers. While they stood at tho window having their drinks, some conversation took place relative to serving drinks on Sunday. By Mr Cotter: Thie conversation was between Callan and Oram, but witness did not notico its nature. It was something about Oram having served Callan with drink on the previous Sunday. They did not go to the Albion for drinka becaure the bar wan not lighted, and he knew it was closed. There was a light in Oram's bar, and a light in tho passage. He would swear that Mr Oram did not aek thorn if they were travellers when they went into the hotel. It was not true that Oram asked if they were travellers, atd thac Callan replkd, "Yes, you know we aro." He was in tho hotel two or three Sundays ago and got a drink. Ho was sure that nothing was said about their being travellers.—By Mr Laishley :If anything lvid been said about their being travellers he must have heard it. Oram did not ask Callan if he was a traveller, nor did he ask any of them where they had travelled from. Callau started the conversation which took place with Oram while they were having the drinks.—Gregory Nicholas, carpenter, living off Wellington-ttreot, which was not three mile 3 from Hobsonstreet, deposed that he went to Oram's hotel about elaven o'clock on the night of the 3rd December; ho went into Oran?a Hotel with Callan and Mclaaacs and was served with beer by Oram. Callan handed a coin to Oram, but witness did not see what it was. He did not havo any conversation with Oram about their being . travellers. By Mr Cotter When they wore going out of tho room to get the drinks, he did not hear Oram asking any questions. A question might have been asked of Callan, but if so, it must havo been in a very low tone of voice, or ho would have heard it.—By Mr Laish'oy :He was no party to any plot to catch Mr Oram, and aa far as he know there war. no such plot. He did not observe any whispering between Oram and Callan.—This was the case for the prosecution.—Mr Cotter said he had put in tho plea of not guilty, go that Hia Worship might hear tho evidence. It would bo seen from tho Act that tho defendant could only got himself out of his difficulty by provinofiat ho took reatonablo precautions to a»oertain if the men woro travellers. Ho could put Mr Oram in the box to say that he did ask if they wero travellers, but ho believed that tho test questions wore not put in. the form proscribed by tho Act. Ho referred to the fact that Mr Orarn refused to supply Callan on tho Saturday and Sunday as an evidence of his hona fides, and his belief when ho served Callan on the Friday that he was a traveller. Under these circumstuucoa ho would withdraw tho plea of not guilty aid substitute one of guilty. He would therefore ask for consideration of those facts in the infliction of a penalty In reply to Mr Cotter, Sergeant Pratt said the house had previously borne the reputation of being well conducted, and the police had had no complaints against the manage- I ment of the house. - Fined 403 and cost? ' £3 165.-Mr Laishley said there were two other informations pending against accused. Ho was instructed by tho police to fay that they would not go on with tho other case?, as it would bo too much like perpccntion to proceed fui tlicr with thorn. The informant in the caso was also ujrreeablo to tho charges being withdrawn. - Permission was given to withdraw tho other informations.