A LICENSING CASE.

Auckland Star, Volume XXXV, Issue 28, 2 February 1904, Page 5

A LICENSING CASE.

DAR(; A VILLI.' I IoTELKKEPEI! CHAiiGIJD. ii will lx> remembered that in September (if lust vein- the death of a man named Arthur Treuery al the gaol foin>f.l the subject of an inquest. The man was arrested al Dargaville on a charge of drunkenness*, and was brought down lo llie gao] by the Daigjvillr j-dlice. he having been remanded for medical treatment. lie died soon after his arrival at the gaol. An ouicoine of this was a charge recen-tly brought against Edmund Fitzgerald Moriarty. licensee of the Central Hotel, Dargaville, of supplying liquor to Tren-(.'i-y when he was drunk. The evidence for the prosecution was heard ai Dargaville. and was <to the effect that during the lime Trenery was ar the Central Hotel he was constantly intoxicated. Evidence for the defence was also heard. This morning more evidence for 'the defence was at the S.M. Court, bfor Mr T. Hutchison, S.M. Constable Thompson appeared fen , the. jiruM/ciition. and Messrs Cotter and Napier for the defence. Di. Hood deposed to examining tii' , body of the man Treucry after he had died in the police cells. The body appeared to be well nourished. On opening the <hest he found evidence of heart disease; on examining the lungs lie found that they were RufiYving from pneumonia, while the liver wa- very much enlarged. The stomach was nol in i lie condition that il would liavi been if -the man had died from aleoliolic poisoning. From the asprr-t of Ihe stomaeu it was witness' opinion that Trenery had not been drinking excessively for several days.

Counsel pointed out iha-1 from (.lie Monday in 'which lie was arrested to tiie Saturday in which he died Trenery received alcohol in medicinal doses only.

Witness said that assuming that 1 here had bten excessive drinking up to •the arrest, the treatment during the ensuing week would go a long way towards removing the signs of ihiy from the stomach.

To Constablp Thompson: He would not say that excessive alcoholism had nothing to do vith the man's death.

Dr. Darby, ga , . 1 surgeon, said he was present at the mortem, and agreed with the evidence of Dr. Hood.

His Worship remarked thai it seemed out of all proportion that lie should be asked to decide whether a man was dnink on the state of his stomach.

Edmund Fitzgerald Moriarty. the defendant, licensee of the Central Hole!, Dargaville. then gave evidence. Trenery came to his hotel on .January 25th hist, and during all the time he was at the hotel witness never look a penny of his money. During the first fortnight he wa.s there there was nothing to object to in his conduct. His board, after the first fortnight, was guaranteed' by a

man who had promised to employ him. At the beginning of September Trenery was ill, and became so offensive that witness was obliged to put him in the. wash-house, which was as healthy a place as any part of the hotel. He was subsequently informed that Trenery had acted indecently, and lie sent for the doctor, or. failing him, for Constable Thompson. The statement that Trenery was constantly under the influence of liquor at the hotel during the time he stayed there was absolutely false, as was ihe statement that Trenery bad stagtrered up to the bar on oiip occasion and had been served by Mrs Moriarty. Wifnc-s? had never seen Trenery intoxicated ;:t the hotel. ?vlrs Moriarty gave corroborative evidence. Dr. V. ?.!. Purchns. of Dargaville. .was called by Ihe police to give rebut Ling evidence, lie said thai when he examined Trenery after his arrest his condition suggested delirium tremens. His Worship reserved his decision.