LICENSING PROSECUTION

Evening Star, Issue 21639, 7 February 1934, Page 6

LICENSING PROSECUTION

J. F. HAMMERLY BEFORE COURT SOME LIVELY INTERLUDES The Police Court was occupied throughout this morning with the hearing of a charge against John Frederick Hammerly of being found unlawfully on the licensed premises of the Metropolitan Hotel after hours on January 28. Hammerly conducted his own case, and cross-examined the various witnesses at great length. Senior-sergeant Mac Lean prosecuted. When asked to plead, Hammerly said he pleaded guilty to being on the premises, but said there was no contravention of the Licensing Act. The Magistrate (Mr Bartholomew): That’s a plea of not guilty. Sergeant Isbister said that on the night of January 28 he visited the Metropolitan Hotel with Sergeant Vaughan and Constable Medhurst at 10 o’clock. When he entered the hotel he saw defendant standing in the office talking to the licensee’s wife. Witness went in to the office, and asked what Hammerly was doing theie. The licensee’s wife replied that they were just talking, and that she thought he wanted to . see the licensee. Witness asked if she knew if defendant had any business with the licensee and she replied “ None that she knew of.’ Witness then asked Hammerly what he was doing there, and he replied: “I am here on business—private business. Witness asked what was the business, and he replied: “I refuse to tell you, and you have no right to ask.” Witness declared that Hammerly was in a drunken condition. As the licensee had not turned up, witness went upstairs with Sergeant Vaughan to look for him, and when they came down again the licensee was standing inside near the front door. _ Witness asked him if he had any business with Hammerly, anti he replied: “ None that I know of.” The Sergeant said he advised the licensee to go into the office to see what it was, and'he then did so. Witness heard Hammerly say something about a motor car. To Hammeily s question the licensee replied: You know 1 don’t want a car, Jack. I have a car of mv own.” Hammerly said: All right, all right; that’s all I want.” Witness then told Hammerly he was reporting the matter, and that he conid explain to the magistrate his reasons for being on the premises. If the defendant had gone outside witness might have arrested him for drunkenness. It would depend on how he behaved. Defendant had certainly had a considerable amount of liquor, but witness did not think he had had any at this hotel. While witness was in the hotel Hammerly said There is nothing to prevent me booking up a herd here for the night. I want to book up a bed.” The licensee said he would oook dofondaixt/ & bed. if li© wanted it. Hammerly did not stay there. At the time he was staying at the Criterion Hotel. , Hammerly indulged in a voluble cross-examination, and was frequently rebuked by the magistrate. Defendant asked witness if he had a right to enter the office. The Magistrate: That’s not a matter for the sergeant. , T , Hammerly (to witness); I leave it to His Worship to say whether you had a right to enter the office without legal demand as required by the Licensing Act. , Witness told Hammerly that he had seen a hag on the table, and had also noticed correspondence. ■ Defendant mmht have said he came to see the licensee about the correspondence. “ You’re a bit one-eyed, sergeant,” interjected the defendant. “You’ve no right to say that,” admonished the magistrate. Witness denied that either he or Ser-

geant Vaughan had nearly knocked over Mrs Kean (the licensee’s wife) in the passage. At this stage defendant, who was cross-examining witness as to his rear sons for adducing, that defendant was drunk, told the court that he _ could hardly speak for want of something to drink. The court gave Hammerly permission to quench his thirst, and the defendant, after drinking from a small bottle by his side, said: “It’s not spirituous, your Worship, it’s a cordial.” .

Sergeant .Vaughan corroborated the evidence of the previous witness, and was also' subjected to lengthy crossexamination. Questioned as to defendant’s condition, witness told Hammerly that he' was excited, he was abusive, and was “ throwing off ” at Sergeant Isbister and witness. _ “ Don’t use a vulgarism, said Ham-

merly. The Magistrate: It’s not for you to correct him.

Hammerly; I ask the court to correct him. “ He is using a term you are mobAoly familiar with,” retorted His Worship. • , Constable Medhurst also gave evidence, and said that about 9.40 that night he saw Hammerly go up Maclaggan street with two other men, who waited outside. Hammerly spoke to the licensee and went inside the hotel. Subsequently he and the previous witnesses visited the hotel. • Cross-examined by the defendant* witness said Hammerly had had drink, hut witness would not say he was quit* drunk or fit to be locked up. : Hammerly then called Constable lodd and Sergeant tf’Shea fop the defence, but in _ each case evidence he desired _to bring forward was ruled as inadmissible.

The defendant gave evidence on hia own account, and said he was at present a small farmer at Wingatui, and also followed the occupation of _ a private detective. He admitted being on the premises, but stated that be went there partly to arrange with Kean for the use of a typewriter on which he typed a declaration partly for the purpose of making a deal with him for the sale of a car. Witness denied that he was drunk on the night in question. ■. . “This is not a prosecution, its a persecution,” said the defendant. Cross-examined . ■ by - the •. senior sergeant, defendant denied throwing a glass of beer at a man in ttho bar at the Criterion Hotel earlier in the night in question. - The court adjourned until 2.15 to enable the defendant to call further evidence if he desired.