ALLEGED BREACH OF THE LICENSING ACT.

Press, Volume LIII, Issue 9339, 13 February 1896, Page 3

ALLEGED BREACH OF THE LICENSING ACT.

JUDGMENT RESERVED.

Thomas Ch&rlea HickeoD, licensee of tho Albion Hotel, Lyttolton, was charged on the information of the police, at the 3.M. Court, yesterday morning, with supplying liquor to George Nelson, he not being a lodger or traveller, on Sunday, January 26tb, duriug such hours as the premises were supposed to be closed.

Defendant was similarly ohareed in respect to selling liquor to Charles Victor Eaphtig. The two oases were heard together. Mr Deacon appeared for defendant, who pleaded not guilty. Constable Moore deposed that on Sunday, January 26th, he was on duty at Norwich Quay. Saw Nelson and Eapling near the Koyal Hotol. Thought they were endeavouring to get drink, and spoke to them about the" hotels being closed on Sundays. Saw them go up to London street. Followed them, aud afterwards saw them go into the public side door of the Albion Hotel. Walked smartly to the hotel and entered by the same door. Went straight into the taproom and saw the two men standing on the right and left side of the door leading from the bar into the taproom. Each had a pint pot in his haud aud was drinkjng beer out of it. The bar door was p'artfy open, and Hickaon was behind the bar. Aaked Hickson the meaning of serving the men with drink on Sunday morning. Ordered the two men out of the room. After coming out of the bar Hickaon said to witness in the passage, "It's all right, old fellow. I gave these two men a beer, but took no money for it." Witness told him that would be no excuse if he reported the case. Svw no money pass. To Mr Deacon—No attempt was made to hide anything. Believed defendant had a very good reputation for honesty of character and purpose. George Nelson, a fisherman residing in Lyttelton, said, on Sunday, January 26th, he Went wWh Espling to the Albion Hotel. Asked Hickaqo for two drinks, and told him he had no' money. Hiokson said " All right, I'll give you two drinks," and did so. It waa beer. That was the only drink witness had with Espliug that morning. Hickson supplied the beer to witness. The constable came in while they wore having the beer. Hiokaon said he would ahout for them. Had been two years in Lyttelton. Had occasionally spent an evening at flickson's, and had aome drink. Thia waa the first time he had got drink there on Sunday. Mr Deacon said the defence waa purely and simply that the drink was given. He called defendant,

J. C. Hickaon, who deposed that on the day in question the public bar door was closed. Nelson and Eapling came in by the door leading to the tap room. Defendant had just come down between 8.30 and 9 a.m., had a drink himself and was just coming out of the bar to go to his breakfast when the two men came in and asked him to give them a drink, as they had no money. He gave them the beer without any. expectation of payment then or at any future time. The evidence given by Constable Moore was oorrect. Nelson was a frequent customer at the hotel and came there with other fishermen.

To Sergeant Rutledge—Gave the drink to Nelson on account of his being a regular customer at the house.

To Mr Deacon—Had he not been a frequent; customer at the house would not have given him the beer. * Mr Deacon said the other man Eapling had gone away in the ship Hollinwood. His evidence would be the same as Nelson's, and he (Mr Deacon) had taken his sworn statement.

Mr Beetham said he could not admit, that.

His Worship said there were two matters for him to consider—one, whether he (the Magistrate) believed the witnesses aa to the beer being a gift; and the other, as to whether the transaction was in the nature of a sale. The liquor ha.l been given on tho Sunday to retain the custom of Nelson. It was a very important matter, aa in caac of a conviction an fendorsoment of the liceuse would follow. In view of the seriousness of, the case, he would take time to consider. The facts were very clear aud the matters laid down for hie consideration very clear, and he would reserve bis decision till next Court day.