LICENSING CASE.

Auckland Star, Volume XXXI, Issue 30, 5 February 1900, Page 2

LICENSING CASE.

CHARGE OF SUNDAY TRADING,

At the Police Court to-day, before Mr H. W. Brabant, S.M., Alfred Pickrell, licensee of the Ellerslie Hotel, was charged with selling beer on Sunday, 14th January, to a person who was not a lodger or a bona fider traveller. The Crown Prosecutor (Hon. J. A. Tole) appeared for the prosecution, and Mr Reed for the defendai*, who pleaded not guilty. Robt. Dunn, labourer, living iii Orakei Road, Remuera, stated that on the Sunday in question he went to Onehtinga and Panmure, and on his way home called with his brother at the Kllerslie Hotel. Mrs Pickrell was at ' the bar slide, talking to two men. Witness called for two half pints, for which he paid sixpence. Mrs Pickrell asked him if he was a traveller, and he said "yes," ad-ding that he had been over to Ouelumga and Panmure, and was entitled to a drink. He told her, in reply to smother question, that iv, was still living "towards Orakei Bridge, over three miles away." While 1 hey were at the bar slide Constable Sherman came in. Mrs Pickrell seemed very much annoyed. Witness said to the constable that ho was a traveller, and the constable remarked with a laugh, "You're all travellers."' Witness had slept the previous night at his residence. Cross-examined: He left, home about 8 o'clock that morning, and left his brother's house at Panmure about 7 p.m. on his way home. He did not drive through FJler'slie for the purpose of getting a drink. ' He believed his home was over three miles from Hie Ellerslie Hotel. Wm. Dunn, who also gave evidence, said he did not listen to" the conversation between Mrs Piekrell and his brother. Cross-examined: Witness lived at Pn inn lire. He was known to Mrs Piekrell as being a brother of the previous witness. To Mr Tole: Witness was asked no questions by the landlady. James Leahy, draughtsman, deposed that the distance from Dunn's house at Orakei Road to the Ellerslie Hotel by the nearest thoroughfares was'two miles 18 chains. The distance from Wm. Dunn's house at Panmure to the hotel was It chains short of three miles. Cross-examined: The official map from which he measured would be correct to within a chain, perhaps two. About five chains would have to be allowed for hills on the road from Orakei. Const, Sherman deposed to visiting the hotel on the night in question. As soon as Mrs Pickrell saw him she ! cleared the pewters off the ledge. He I asked her why she had served the men, jand she replied, "Ain't they travellers?" Witness told her'he would rejport the matter. i .Mr IJeed, for the defence, contended that the landlady had taken reasonable precautions to ascertain whether Dunn was a traveller. Emma Pickrell, wife of the defendant, stated that she asked Robert JDunn if he and his brother were travellers. Dunn said they had been to i Onehunga. She asked him if they still | lived in the same place. He said |"Yes; we live three niiles away.' We | are entitled to a drink." She then i served the drinks. She understood [they lived at the Tamaki. She asked them if they slept at home the night before, and they said yes. She was positive she asked that question.. Mr Heed also called evidence as to the good character of the defendant's hotel. His Worship said Mrs Pickrell had given her evidence in a straightforward manner, and no doubt she really believed Dunn to be a bona fide traveller. The question was whether she had taken reasonable precautions to decide that point. She had acted to a | great extent upon her own knowledge of the men, and merely asked if they lived in the same place. Under ths circumstances, Mrs Pickrell was justified in believing that Dunn was a traveller, as he had once lived at Tamaki, and told her he was still living "at the same place." His Worship thought that under the circumstances the landlady was justified in serving the men, and therefore the licensee could not be convicted of any offence.

The case was accordingly dismissed