THE SUNDAY TRADING CASES.

Evening Post, Volume LVI, Issue 5, 6 July 1898, Page 6

THE SUNDAY TRADING CASES.

♦ SEVERE CROSS-EXAMINATION OP WITNESSES. In the Magistrate's Court this morning the Sunday trading casps begun last week were proceeded with, the adjourned charge against Margaret J3lyth, licensee of the Royal Tieer Hotel, being taken first. Messrs. Gully and Myers appeared for the prosecution and Mr. Jellicoe for the defendant. Mr. Jelliroo requested that the police should see that the witnesses Avho wore ordered out of Court did not hang about too close to the doors, and added a. remark referring to " members of Parliament." Inspector Pender undertook to see that this was done. The Magistrate (Mr. Kenny) said he wished it to be distinctly understood that no questions of politics or anything else of that description would be allowed to enter into Court, and he asked that no reference be made to such matters, lie would try these cases as any ordinary criminal cases. In opening the cave, Mr. Gully said ib • was impossible to obtain convictions for Sunday trading other than through the medium of persons who had visited hotels for that, purpose. The general public who did frequent hotels and drink therein on Sundays were not likely to assist in endeavouring to have the law enforced. In the case in point, the prosecution relied upon simple facts. The evidence of the firemen already taken proved the selling of liquor in a hotel, though the two witnesses had given no positive identification of the hotel. However, that would be established by the witnesses yet to be called. James Armishaw deposed to having met the firemen from the Duke' of Po-tland on Sunday, 26th J une. They with Cheeketts A\ent to the Royal Tiger Hotel, and all had drinks, Cheeketts paying. | Mr. Jellicoe — Did you make the acquaintance of Mr. Taylor in Christchurch ?—? — "Witness — No. His Worship— Who is Mr. Taylor ? Mr. Jellicoe — A conspirator. The Magistrate said he could not allow the names of any persons to be introduced into the case unless they were connected with if. He could not otherwise take notice of Mr. Taylor, Mr. Smith, or Mr. Jones. ~ Mr. Jellicoe — I'll make your Worship acquainted with all three before I have finished. Cross-examination continued — Witness 'met Mr. Taylor at the Police Commission, and the day before the 2Gth (the date of the alleged offence). Mr. Taylor came to witness's house and said Cheeketts wauled a man 'go round with him to "catch the hotels." Witness therefore volunteered to do so. At this stage Mr. Jellicoe again asked tljat all witnesses should leave the Court, and Mr. G. J. Smith, M.U.R., rose aud informed the Bench that he had that moment been served with a subpoena — he did not know at whoso instigation. He thereupon left the Court. Mr. Gully said he did not wish to object to the line of cross-examination. But was it, he asked, relevant ? The Bench did not think it could stop Mr. Jellicoe at that stage. If it was proved that the witness was paid, it might be taken as against his credibility. Continuing, the witness said he himself had paid all expenses and got nothing for his services. Examination continued — Witness paid out of his own pocket for the drink he purchased. When witness met Cheeketts in Mr. Taylor's sitting-room Cheeketts looked as if he had been "on the booze." He had a cup of tea, and looked as if he needed it. Witness arranged with Mr. Taylor to meet Cheeketts at 6 o'clock on the Sunday night. Witness and Cheeketts were to go to the hotels and obtain drinks. Did- not ask Cheeketts who was going to pay for the drinks. Witness had with him a pouud note out of his wages. When he returned home after visiting the hotels he had about 14s Gd. His wages ranged from £2 2s to £3 per week, and out of this he had paid for the drinks. Mr. Taylor gave witness £1 in silver for witness's £1 note, ;iud witness gave Cheeketts 5s of this to pay for drinks. Witness got the change from Mr. Taylor because he could not get it anywhere else. Witness spent 2s 6d himself, and gave Cheeketts ss. Mr. Jellicoe — Then how did you have 14s Gd left out of jour. pound when you got home ? Witness said he might have had an odd shilling, in his pocket besides the pound. He first went to the Princess Hotel about 6.45 p.m. and got a drink there. Two others were J.here. Cheeketts had a beer and witness had a soda and beer. Witness paid with a 2s piece. Then went to Crossey's at 7.18, leaving at 7.22. Here they were supplied by the barman. Pour others were in the bar. His Worship — You must not go into the other cases. ' Mr. Jellicoe said he wished to show that the whole story was a concocted one. His Worship said this evidence could not be giveu in the present case. Examination continued — Spent a shilling in the Ranfurly Uolel. Cheeketts had a long beer and witness a beer and soda. Witness drank only half of his, but Cheeketts drank' all his. Cheeketts paid. Next went to the Royal Tiger Hotel, as Cbecketts said they could not get served at the White Swan. Witness would not take Cheeketts to be- mad, and if two seamen look him to be drunk they were mistaken. Witness would swear Checketts was sober. Witness "acted druuk" in the City Hotel, but was perfectly sober. -After they had finished their round of the hotels the}' went and saw Mr. Taylor, and told him how they had got on, havimr visited the Princess, Shamrock, Royal Tiger. City, Albion, aiid Itanfurly. Cheeketts and witness signed a statement for Taylor. > The Magistrate asked who had the statement, aud Mr. Jellicoe said he would bring it in evidence through Mr. Taylor himself, who had been subpoenaed. ' Mr. Gully thought the defence was making an improper use of the Court. Mr. Jellicoe said he had brought a charge of conspiracy, and had laid a good foundation for it, and he hoped to prove"" perjury also. The Bench did not feel justified in shutting this class of evidence: out. In further cross-examination, Armishaw detailed his account to Mr. Taylor of his visit to the different hotels. There was a man watching at "the City Hotel. With the exception of the City, all they had to do to get in to the hotels was to ask- " Any chance of a beer ?" The Bench — What was /your object in doing this work on a Sunday night aud getting no remuneration ? Witness— l saw the law getting broken, and as a citizen I have a perfect right to uphold the law. . Mr. Jellicoe — Would you call yourself a £py ? 'Witness— Call me what you like. I'm not particular. Mr. Jellicoe— But you were not upholding the law. You were breaking it. Witness — Who was? The Bench — You yourself, by getting those drinks. There is no penalty for persons drinking on Sundays, but there should be. Continuing, witness said he had volunteered his services because he had read in the papers that the police had a difliculty in obtaining convictions. He was not going to get paid at all, w hether there was a conviction or not. Witness and Cheeketts saw Mr. Tayjor after that Sunday (26th) at Parliament Buildings, in the lobby, but got no money. They had gone to hear Mr. M'Nab speaking on the Address-in-Keply, and not to see Mr Tayloc 4 about money. Since Wedues-

day Checkotts had been living with witness because he was " broke." Witness got £2 2s a week, and wheeled bricks at Tonks's. Re-examined by Mr. Gully — It had never been arranged that witness should give false information. Henry James Cheokelts's evideuce in chief was corroborative of that of the previous witness as 1o buying and drinking liquor in the Royal Tiger Hotel. Cross-examined by Mr. Jellicoe — Witness had a little money and was not living on charity. A week last Wednesday witness was wheeled to his boardinghouse in a hand-cart, being " rather intoxicated." When he first interviewed Mr. Taylor, he told him he had come to tell him something about the police, as they were not doing right. Witness suv Mr. Taylor several times after that. It was witness who suggested "catching the hotels," and offered to do so if Mr. Taylor got a man to help. This Mr. Taylor said he would do. Had got no money from Mr. Taylor. At this" stage the Court adjourned for luncheon, and it was decided to postpone the hearing of the other cases till Friday.