ORMONDVILLE MAGISTRATE'S COURT.

Bush Advocate, Volume XXII, Issue 60, 12 March 1910, Page 5

ORMONDVILLE MAGISTRATE'S COURT.

FRIDAY

(Before Mr S. McCarthy, S.M.)

Police v. J. J. Gleeson, of the Crown Hotel, Norsewood, charged witli selling and exposing liquor for sale on February 16. Continuation of evidence for the prosecution from last court day (February 28). Constable M'Leod prosecuted, while Mr Blakiston, with Mr Lloyd, appeared for the accused^

Hubert Bell, employed at Waikanae, remembered attending concert and dance at Norsewood on February 16. Went to the Crown Hotel; went round to the far side of hotel; knocked at the door; quite certain went through the door facing the road going up to the cemetery; when having knocked, asked if Mr Amundsen was in; was let in by a lady, who said Amundsen may be in the taproom; went there, but he was not there. A boarder was in the taproom ; noticed tile condition of the slide, which was open; Mr Gleeson was in the bar. Richard Benbow accompanied me into the hotel ; a light was on the shelf of the slide (a candle), between the bar and the taproom. I said :"Is Mr Amundsen here"" Mr Gleeson replied: "Mo, he is not." Gleeson was wiping glasses in the bar. I asked Gleesn if I could get a bed. He said: "I am full Up, but you can get a shakedown in the commercial room." Then asked for a wine. He said "Yes," and served us. I (witness) had a small shandygaff and I think Benbow had the same. 1 paid two shillings for the drinks; got no change ; I was sitting on the sofa in the taproom when I had my drink. I was opposite the slide when I ordered the drinks. Looking into the bar it was dark far back in the bar; could not see anything in the bar ; after we had had the drinks 1 left my glass on the table in the taproom ; the others put their glasses on the slide; the next thing i heard was a knock at the door—the taproom door; am sure it was the taproom, and the words: "Open, Police Constable M'Leod." Gleeson replied : ' 'All right; will open in a minute," and he (Gleeson) jumped over the slide into the taproom ; am quite clear on that point; Gleeson opened the taproom door; before it was opened M'Leod was shoving at it; could not exactly state what time elapsed between the request for and the opening of the door ; heard Constable M'Leod ask some questions. M'Leod asked us if we were boarders, and Gleeson said: "No," but that we could have a shakedown if we liked them. Mr M'Leod took our names down. When M'Leod entered the room the boarder hid under the sofa ; I hid on top of the sofa, and Benbow sat on a chair. The taproom door leading into the passage, so far as I could see, was closed, not locked, as 1 am aware of ; cannot say what made it necessary for Mr M'Leod to shove the door; do not know whether a chair was against the door. I then went and laid down in the commercial room till Heigh's coach came between 3 a.m. and 4 a.m..

Witness was cross-examined at length by Mr Lloyd. For the defence: Mr Lloyd stated it would be disposed over two branches (1) story of having purchased drink is contrary to fact; (2) even if such were the case, the persons alleged to have drink \v;>re 1 -dge> within the meaning of sector) "'9l :>': the Licensing Act. Mr Li yd iu.lher we it en to" quote several audi'i.-it es, and tlyo pointed out peroral discrepancies 1:1 thi evidence of witne-.:-. John Frederick Gieeson, licensee of the Crown Hotel, Norsewood, said he remembered February 16, opening of hall. Saw Bell for the first time between 8 and 9 p.m. He called on me as an old friend, and reminded me of the Club Hotel, Pahiatua. Benbow and he (Bell) asked for drinks, and also for beds. 1 told them they

could sleep on the couches, but no beds were available. They agreed to- take shake-downs. They called again at the hotel three or four times between then and 10 p.m. At about five minuter to 10 p.m., I saw it was "getting near the time of closing and my sen came in and beckoned me to one side, and told me that I ha.d better get into the tap-room as some people were getting awaj 7 with the beer in a case I hrd" there. Went in; I saw a bottle sticking out of a man's pocket; knew it came out of the case by the brand, that being the only case of the sort I had. Bell and Benbow were included in the men in the . room; 15 bottles were missing next day. I told one of my sons to go for the police while I held the men in the room some eight or ten minutes. They ivanted' to get out ; Bell was especially anxious as it was then after ten. I told him not to be frightened on that account as I would stand the'blame. Saw no bottle on Bell, but afterwards saw a bottle on the maaitlepiece near where he was standing. My son' came back without the police. I then drew the attention of the men 'to the fact that three bottles had appeared, one on the slide and two on jblie maaitlepiece, all the same brand as in the case, and the only kind there was in the house. Never told Bell that I held him guiltless. I let the men go after pointing out the mysterious appearance of the bottles. My son, John J. Gleeson, shut up the bar, putting out the lights in the bar and taprooms. Next saw Bell at about 10.30 p.m.. when a knock came at the back door, and went and enquired "Who is there?" "The old Palnatua barman" was the reply. I opened the door and let them in, viz., Benbow and Bell. As I let theni in I walked out myself for a moment. - Neither enquired for anybody. There was no light in either the bar or tap room when I let them in; lights were in the commercial, sitting-room and kitchen. The only female in the house was the cook, who was in bed. My wife:and daughter were away at the daaiee. After I let them in I was conversing with Kuku, a. native, F. Carr and G. Malone. and then I went into the commercial room and spoke to l Bert S'hugar. I never served a drink that night to either strangers or boarders. About a quarter to 11, or some 20 minutes after I let these men in, I went to the bar. Went there to clea,n up and to keep myself awake. Took a candle with me and lit the gas and put the caaidle on the counter. Some little time later I heard a noise in the taproom and lifted up the slide a little to l&ok into the tap-room. There was 'no light, but I saw Belil and Benbow in the room, one lying on. the sofa and the other on the case of beer. Asked them what they were doing there. Bell asked for a, drink, which I refused. Had barely done this when a. low knock came at the bar door. I said "Who's there?" The reply was "Open; I want to get in." I said "You .can't get in here to-night." The knock was repeated. I again said "You can't get in here." Then a very sharp knock came and "Police, open the door." I then recognised' Mr M'Leod's voice and said "Alright, hold on a second and I will let you in." I opened the baa- door into the passage, and saw M'Leod, who asked me to open the tap-room door.. I tried and found it blocked, so went round by the bar and through the slide to open the door from the inside, when the door flew open. A chair had been prut against it and M'Leod had pushed it open. Mr M'Leod said, "Are these men boarders?" I said, "I don't know whether . they are boarders or not, but they are" staying the night here." Mr M'Leod said "I suppose you left the slide up so these men could get through." I said "No; I served no drinks after 10 p.m." That night_ Benbow and Bell slept in the front parlor. Did not go up to the hall afterwards with Bell.

. Evidence was also given for the -defence by G-eo. Malone, contractor; Kuku, a native; Herbert Gleeson (son of defendant), and Hamia Sevan.

On the charge of selling liquor after hours the licensee was convicted and fined £5, with costs. £4 9s lOd. As to whether he would endorse the license his Worship decided to defer the matter till later on. The charge of exposing liquor was withdrawn.