A PUBLICAN CHARGED

Evening Star, Issue 17764, 12 September 1921, Page 6

A PUBLICAN CHARGED

AN UNSATISFACTORY CASE. THE INFORMATION DISMISSED. In the Police Court this morning, before Mr J. R. Bartholomew, S.M., William Quirk, licensee of the Excelsior Hotel, was charged with on August 11 permitting drunkenness on his premises. Mr A. 0. Hanlon appeared for the defendant, who pleaded not guilty. Sub-inspector Willis said that the prosecution arose out of the death of a returned soldier named Hatcher, who was found dead in the bottle store of the hotel premises.

Dr Evans said that in response to a message from the Excelsior Hotel he went there on August 11 and found the body of a man lying on his back in the cellar. Death must have taken place an hour and a-half previously. He made a post mortem examination, and found that tho man had died from cirrhosis of the liver. He had a fatty liver, which, in his opinion, was due to alcohol.

Thomas M'Alistcr Drain said that he saw deceased in Princes street on the morning in question. lie was perfectly sober. His eves were inflamed, and he seemed somewhat shaky, as if he had been drinking. George Henry Walsh, porter at the Excelsior Hotel, said ho knew deceased by sight' through his coming into the bar. Ho saw him in tho bar at 1 o’clock on the afternoon of August 11. He was then standing up against the counter. There were three others with him. Witness swept tho bar, and on returning about half an hour after first entering it he saw deceased on the couch. Deceased had a stiff leg, and walked with a stick. Mr Lawrence, barman, camo on duty at this time, and told witness to put the man out. Witness carried him out and sat him down in the empty bottle store. He had done exactly the same thing before; that was in tho previous licensee's time. When witness carried deceased out he never spoke; he just groaned. Witness put him on a box. The lime then would bo about 1.50. Witness went to tho cellar at about 5.30 and saw deceased sitting on the box. He spoke to him, but ho never answered. He was breathing ail right. Witness intended to put deceased out before closing time. Witness next heard that a constable wanted to see him, and on going out found that theman had been shifted from the box, and was lying on a mat in the cellar. On the previous occasion when he put him in the cellar ho went away himself. Deceased had no liquor in front of him when standing at tho bar. Cross-examined: Ho would not say that he was in tho company of the other three men. They wero just standing alongside him.

Mr Hanlon submitted that there was no case to answer, as there was no evidence of drunkenness.

His Worship said he was afraid that that was tho position. There was no direct evidence of drunkenness, nor was there evidence of circumstances from which an inference -could safely be made. Tho case was a very unsatisfactory one. It was evident from the evidence of the porter that he considered the man was drunk. He had said that he had seen tho man in a similar condition previously, and had put him in the cellar. On this occasion the porter evidently had no doubt as to the man’s condition, or some other measures would have been taken in regard to the unfortunate man. Aa to whether tho man was drunk, ho (the magistrate) was not satisfied on the evidence. There was no direct evidence as to drunkenness, and he could not say on the facts proved that such would be a proper inference for the court to draw. Mr Hanlon said he would just like to say that the landlord was not on the premises at the time, and'whatever occurred was the result, more or less, of the action of an inexperienced young porter. His Worship said it was evident that the servants in this case did not properly appreciate their position. It was not only the action of the porter that ho wished to refer to. The barman was. the responsible person. It could not be proved whether tho unfortunate man was drunk or not, but it certainly left a bad impression that he should have been handled in such a way, irrespective of what his condition was. The barman himself should have inquiries, and if .he found that the man was not drunk, then proper methods should have been taken accordingly. The landlord was not present, but there should be some regular and proper schooling of employees.