A LICENSING APPEAL.

Evening Post, Volume LXVIII, Issue 64, 13 September 1904, Page 6

A LICENSING APPEAL.

NEWTOWN HOTEL CASE. In IJjinco (his morning, his Honour tho C'htof Justice had bofore him tho en so of Herbert George Houldsworth, licensee of tho Ncwtown Hotel, v. Thos. Fa.irha.ll, an iippcnl from tho decision of Dr. A. M'Artliur, S.M., fining appellant £10, and endorsing his liconso for having, on 271h May, 1004, sold liquor to Peter Kouth, «i person alrendj in «, state of inloxtcntion. Tho respondent, Thomas FnirluiU, wa* the informant on behalf of the police. The appeal is on Iho ground that tho Magistrate's decision iy erroneous in point of law. Mr. Weston appeared for appellant, and Mr. Mj-ers for respondent. In tho course of his findings of fact, tho Magistrate states , that two drinks were ordered by Thos. Mulrfueeney and paid for by him, and that the said Thos. Mulqueoney bona fide "shontcd" the said two drinks, and was not tho agent of the said Peter James Iloubh in connection therewith. That the defendant's barman, the said John Berti, subsequently bona fide shouted ono drink each for tho said Peter James Routh, and was not paid, nor did he expect payment for them." Also, that Routh did not p*j or promise to pay any one, and that when supplied he waa in a state of intoxication. Mr. Weston said thafc it had been arranged between counsel to put in the Magistrate's judgment in tho case. In the judgment, m the course of what ho calls "tho facts briefly," the Magistrate says tlmt outside of the New town Hotel Routh " met an acquaintance whom ho .isked to' shout; that the two went in together, and the acquaintance (Mulqueeriey) did shouts and that Routh ajso onked tho barman to shout, which the barman did." His Honour, after reading the judgment, said it did not tally with the findings of fact. On tho latter, apart from the statements in the judgment, ho was at present of opinion that appellant could not be fined for sale of liquor to an intoxicated person, though probably he could bo for permitting drunkenness, or for encouraging on intoxicated person to drink. If a friend of a drunken man bought liquor and simply gave it to him, the publican could not b* fined for sttfe to the drunken man,' tho friend waa lliat man's agent. But whatever was in the judgment, tho separate finding stated in t.ho case was that Mulqueenoy was not ltouth's agent. Tho statemont in tho judgment did not concur with tho landings of fact. Mr. Myers a-sked that in that case tho findings Rhould bo referred buck to the Magistrate. Ho snid that ho had ronnired tho production of the judgment for that special purpose — to show that tho Magistrate found other facts than those- abated in the cuso upon which the judgment wns based and to ask that the c«se bo sent back to the Magistrate in order that it might bo more fully stated. Mr. Wofiton submitted that the judgment and tho Hndings did concur. His Honour asked what wus " bona fide shouting," as mentioned in the findings. If a person asked a lodger in oh hotel to get him drink, did Mr. Weston call that, "lion* fide shouting?" Mr. Wostou: Yes, if tho men aro fnonds. i His Honour thought that to ask a person to pay for drink was not "shouting. " lie had been long enough in the colony to understand that to "shout" ior a. man was to ollor him liquor. Mr. Weston said he had not been so long in tlio colony as his Honour, but had probably "bhouted" oitcnor. It happened overy day thut the suggestion \\M made to you that it ««« "up to you to shout" ; and you went iv and "bhouU'd." His Honour observed that tho Magistrate ought to bo risked to explain what he meant by "bona lide shouting." In tho course of other argument, Mr. Weston attited that Mulqueenoy was trying to bring Routh home, nnd simply "jtnoutcd" for him in the hope of being thus able to bring him home easier. Mulqueonoy therefore got tho driuk for his own purpose. Mr. Myers objected to either party in a case preparing, ex partc, a statement of the caso, and submitting it to tho Mogiatruto, m> appellant hau done, without notifying respondent or giving him an opportunity of being heard. Tno polico had not seen the statement of the case until it was nerved on them by tho uppollnnt. That course was right when tho Justice personally stated the case, as the Act provided ho should do, but not where one of the purties drafted the case. His Honour observed that a Magistrate should either prepare the statement of a case without tho intervention of either party ; or, if ho required the assistance of either party, he should fix an hour to hear both parties, and settle the case after heaving both sides. In this case, a copy should certainly havo beon sent by the appellant to the other side. Mr. Myers stated that informations had been laid by the police for the other two offences mentioned by his Honour, but the police had dropped these other informations on getting a conviction on the first (sale). Tho dropped informations could probably bo gono on with again, not having been decided on their merits. His Honour said he would refer back tho case at onco to tho Magistrate in order to havo stated exactly what the Magistrate hud found. The hearing would b"e taken this day fortnight.

Tlio Customs rovemt© collected at tho port to-day amounted to £1846 17s Id. His Excellency tho Governor will bo asked to open tho now portion of tho Ohiro Home in tho second week in October. Tho Benevolent Trustoes havo loft tho arranging of details to their Chairman (Mr. C. H. Izard), who is at present on a trip to Australia. D. M'Qregor, of Wellington, has notified tbo New Zealand Rugby Union of his inability to toko part in tho North v. South Wand match, and Thompson, of Wnnganui, is to bo »«tked to fill tho vacancy in tho threequarter line. Up to the present time twenty applications for sorvico in tho Royal Navy and several for servico in tho Royal Naval Roaorvo havo been rocoived at Lyttoltou by tho Registrar, Lieutenant Pickering. Says a Taranaki dairyman : — Just nt presont, after a long spoil, all tho talk is of cows. We break cows in, wo milk cows, wo are slaves to and livo for cows, wo oat cows, wo curso cows, and somotimes kick cows, and wo dream of cows. Tho Yorkshire Society holds it» monthly meeting at Godber s Rooms to-mor-row evening.