A PUBLICAN CHARGED

Evening Star, Issue 14530, 5 December 1910, Page 8

A PUBLICAN CHARGED

! THE CASE DISMISSED. The case against George Thomas Race, licensee of the Farmers' Arms Hotel, of selling liquor on the 16th November to 'one. George Fairley while in a state of intoxication, was resumed in the Police Court this morning. This case was adjourned from last Friday owing, to Ills Worship (Mr Bartliolomew) considering that Fairley was hot in a fit condition to give evidence. Fairley, on being recalled this morning, stated that he did not remember the 16th of last month, but lie remembered a coustablo speaking to him at tho Market Reserve about supplying liquor to a prohibited person named Buddicomb. He, then wont towards Caversham. He went into the bar of the Farmers' Arms Hotel and had a glass of beer. He did not know who served him, whether it was a lady or a gentleman, because ho was 100 intoxicated at the, time and tho bar was crowded. He could not remember whether he also got a bottle of beer or not. He remembered going up the right-of-way after leaving the hotel and meeting Buddicomb, who had a bottle of beer. Mr Han lon, for the defence, submitted that tho case should Ik- dismissed. Tho evidence of the two constables did not in any way support the charge, and it would" be monstrous to say that any man was to bo convicted of a serious offence on tho evidence of a man like tho last witness. The preponderance of testimony w;us in favor of the defendant, because in tho first place Constable Hall said that Fairley was not in a condition that would justify him in warning a publican not to give him any more drink. If he had been intoxicated the constable would have considered it a case where a might have been given. In addition to that, he said he did not know that Fairley was prohibited, and, further, ho said ho was not in such a stale that lie should not tie supplied with more drink. .Another constable said that before Fairley went into the bar he had had drink, but was not drunk. .It rested with the prosecution to prove that the man was iu a state of intoxication. To say that he had drink was not to say that lie was intoxicated. JI that evidence was true, ;uid assuming Lhat he got a lwtlle of beer and a glass of beer, which was denied, then the publican had not committed an oU'ence, because the man was entitled to be supplied. His Woiship said that it was not possible to attach too much weight to the evidence of a witness such a.s Fairley. If his evidence was accepted, that would be proof that liquor was supplied to him in a state of intoxication. But his evidence was contradicted by the two constables. The evidence of Constable Hall was that the man when he entered the hol-el was not in a state, that no one fdiould serve him with liquor. Constable Webb corroborated that. That being so at the time ho entered the hotel, he was not in such a state that he should not be supplied with liquor. Tho evidence of Fairley was that he did not know what took place, because he was so intoxicated. His evidence. being directly opposed to the police evidence, which "evidence. His Worship accepted, it was impossible to attach any credence 1o Faii-ley's evidence, and (hat being so, he could attach very little weight to the general evidence given by Fairley. The case for the police would rest on the, fact of him coming out of the hotel ten minutes later in a drunken state, and that ho got a bottle of l>eer in the hotel. As far as that was concerned, if he got the beer when he went into the hotel, he was not in such a condition for it to be wrong to supply him with it. So (hat the only evidence against the hoteikeeper was the fact of this man's condition in ten or twelve minutes. That in itself ho did not think sufficient to support the charge. It might have been a case of the la-st straw breaking the camel's back or the cold air having effect on him. Tho case would bo dismissed.

The witness Fairley was then brought before His Worship' arid severely reprimanded for contempt of court in appearing as a witness on -the last court day while in a state of intoxication.