PUBLICAN CHARGED

Grey River Argus, 22 November 1920, Page 5

PUBLICAN CHARGED

♦ ECHO OP MALAITA FATALITY. DALY'S EVIDENCE PAILS." lAN ALIBI ESTABLISHED. . INFORMATION DISMISSED. The sequel to the recent inquest proceedings touching the death of Louis Messer, v.'ho ftas accidentally drowned m the f Grey Ri^r last Tuesday whilst attempting to board . the s.s. Malaita, was unfolded in the Magistrate's Court on Saturday morning. The chief character was Edward Quinn, licensee of the Oriental Hotel/ who was called upon to answer fi\;e charges, viz., That on November 1 Kith, at Greymouth, being the owner of a publican's license in respect of licensed premises known as the Oriental Hotel, at a time when such premijiscs, under the Licensing i Act, 190S, were required to be closed, |he did sell liquor; that he did allow liquor to be consumed; that he did permit drunkenness, and that he did keep open for the purpose" of the sale of liquor. Defendant, who was represented by Mr. W. Joyce, pleaded not guilty to all charges. D'ct.-Sergcant. Kawlc conducted the case for the prosecution. Mr. Orr-Walkcr, S.M., pref sided. Opening the case for the Crown, Sergt. Rawle said the prosecution arose out of aii inquest held on the death of a young man named Messer. James Daly was the first. Avitncss called but he failed to respond to the I stentorian voice of the policeman. As the man was the chief witness for the Crown, a serious hitch seemed imminent, but Sergt. Rawlc seemed confident of his man and asked that the case «tand down for ten minutes, as he wished to take Daly's cyidonce first. No objection was offered by Mr. "W. Joyce, and His Worship thereupon adjourned the sitting for ten minutes. Daly put in an appearance before the adjournment period expired, but it was close on .11 a.m. before the case proceeded. Entering the witness box, Daly was asked by the Magistrate why he was late. Witness: I can explain that. Det.-Sergt. Kawlc: His reason for Ijcing late, your Worship, Avill bo explained iv his evidence. iScrgt. Rawlc: Could you stay iv Greymouth last nigfit?' Witness: I could have stayed at the Royal Hotel, as the publican is a good sort; but no place else. To Sergt. Rawlc, Daly said he was a scainan and knew the deceased Louis Messer. He met him in the Oriental Hotel at 10.30 p.m. last Tuesday. Witness was admitted tt> the hotel by Mr QuiniK When he entered the hotcj about five men were already in the bar. Wiijiess did not go in with Messer, the latter and a man 'named Fife being amongst the five already . in. He stayed in the hotffl about a quarter of an "hour, and during that tune had two medium beers. All the othen had drinks whilst he was there. Wit ness was served by a lady. He defendant pass into the bar once, ani. then go towards the kitchen. During the time witness was in the bai he was the instigator of an argument concerning returned soldiers; what they were getting for what they had done; and itJie exploitation of tin working "class generally. During the argument Messer hopped up and sai<" ''I'm your mate." There were n< blows striK-k. Witness ... wanted to ''draw an imaginary map of Australia with my beer," but Fife- said: "You want your own way," witness replying "Shut up." Messer hat three medium beers and Fife had tin same amount. The latter -was mort sober than Messer who, however,' wu perfectly fit to look after himself. Witness and the two wates he entered the hotel with, left before Messci and Fife, and went aboard the Kaka po. Wince the inquest on tlie death ot Messer, witness had had it suggested to him .that the hotel keepers would rather he did not stay in their houses Mr. Joyce: Who suggested to you that your presence was not required ; Witness: The licensee of ,the Gilmei Hotel, lie returned my money 'and said it would be better if 1 loft. Mr. Joyce: AVhe're did you stay or. Thursday" nigh*? AVitness: At the Royal Hotel. Mr. Joyce: Friday night? Witness: At Wallsend. Previous to Tuesday 1 stayed at Troulaud's. home Mr. Joyce: When did you stay at Trouland's? Witness: If you want to known the exact dates I can tell you. I have v diary with me, in which I keep a record of my movements. AVitness here produced a diary in which were entered his movements up to his arrival in Greymouth; but no mention was made of Trouland's. To Mr. Joyce, witness said that h' arrived in Greymouth on November 3. and stayed at Troulaud's until Wednesday last. His reason for leaving, this house was because one of the som was coming home, and <there was no room for witness. He had a fo-.v drinks on Tuesday, but was not "beastly intoxicated" when, he went to the Gilmcr Hotel. He did not go to any other hotel for accommodation on leaving the Gilmcr. When he left this hotel he was tokV "we would rather you did not stay." He heard that mornftg (Saturday) that a wire, had gone round the town stating his presence* was not required. He went out to Wallsend, "because he was no fool, and knew when he was not wanted." When he went to the Royal Hotel he gave his name as "Dale," because he was suspicious that he would not get accommodation if he gave, his correct name. He got up at noon on Friday, and later started to walk up Omoto road. Mr. Joyce: Did you pass the brewery ? '"Witness:, No, I did not. Witness here itold a disjonted story of how he got a ride in a motor-car, had a walk round the- 'racecourse; .picked up a saw on the road,-' and had tea with the owner. He left Greymouth about 3 p.m. and arrived at B runner about 8 p.m. Mr. Joyce: "Where did you stay? Witness: Fitzpatrick's Hotfel. That is flic name, isn't it? Mr. Joyce: I don't know. Witness: You ought to know. Continuing, witness said he returned to Grey that morning (Saturday) about 8.50 o'clock. He. seemed ;to 'resent Mr. Joyce's cross-examination, and frequently indulged in cquivocar tion, .for which he was gently reprimanded by the Magistrate, who said he would have to answer Mr. Joyce's questions and they would get along njueh better. *To Mr. Joyce: Since Tuesday last he had be.en. in one or two hotels in Groymrurih. Prior to arriving at the, Oriental Hotel lie was walking about

the town with a seaman named Harkin. Later witness, McKennna and McClelland (seamen off the Kakopo) went to Quinn 's hotel, witness picking- up his friends on the waterfront. Mr. Joyce: "Where did you meet, them? x - Witness: At the corner of King's Hotel. b Mr. Joyce: Mrs. King's hotel is in Herbert Street. Witness: No, not that one. Mr. Joyce: You seem to know all the hotels in Greymouth. . Aided *by the Magistrate, witness here explained tha/t: he, knew the hotel on the waterfront as '<King's Hotel." ■ ' s Continuing, witness said he met his mates shortly after 6 p,m. They went aboard the Kakapo and remained there about an hour. Returning ashore, they walked around Kho waterfront till about 11.30 p.m. They then went to the Oriental Hotel, entering by the back way past the stables. Mr. Joyce here pointed out that seenig witness had previously staitad he had put in the greater part of the evening with McKcnna -and McClelland, his later evidence that he was with Harkin must be correct. Witness contended that he was wiUi Harkin early in the evening, and met the other two later. Continuing, witness said McKenna asked for admission at the back gat© of the Oriental Hotel, but he could not swear who let them in, though ho was certain it was a man. The latter did not go into the hotel with them, but stayed in the yard. Witness and his mates weniti up to the bar, which was open. There were about five other men there, including Messer and Fife. Witness had never seen the latter two bQtore ot heard their names mentioned. McClelland "shouted" first; Messer next "shouting" a "general" drink, all of which wero served by a young lady. Whilst they were in the bar Quinn came in and had a look; bxiti left immediately. Witness then shouted" for the th.rcfe of them, as Messer and Fife had not finished their second drink. In company with McKenna and McClelland, witness left the hotel and went aboard the Kaka>o. Whilst on the vessel he thought he heard the anchor being lilted, and it came to his mind that he was being " shanghaied.' He . left the vessel about 11 pm., and went to stay at Irouland's that night. . Mr. Joyce here asked for permission to look at witness's diary wiith reference to his entries on November 16. Sergt. Rawlc objected to the re- ' quest, stating that as witness had not ' rcicrred to the diary *o refresh his ! memory concerning his movements on rmit particular date, counsel had no "ght to look at it. ', Witness contended he had neglected ■'' •us diary since his mate Riley was ' drowned, but for the edification of the ' Court quoted nn entry .as follows: C "Rose at S a.m. Weather beauti- " rui a c Continuing his evidence in reply to ! Al r. Joyce s cross-examination, witness * said he- had reason to think that Mes- ' ■•ci; had met his death by other than . tair means, . because deceased was fit . or fight and sober. "When a man is [ fit tor fight," said witness, "he is fit fc lo look after himself." t Witness here became reminiscent c and sa.d he would like to know how ll Alesscr came by the mark under his . Hun, but he was pulled up by the f Magistrate, who said witness was not ' in the box to ask questions; but to l answer them. 'J James Fife, fireman on the s.s. Ma:aita, said that he knew Louis Mes- (1 •^r. On the night of the 16th ihst. ° .to man Messer ashore, in one of the c 'xllmrds rooms. They left the billiard c 'oom and went to the Marble Bar for :1 i soft drink, witness leaving Mes- ? «er there. They met again in the l .-•veiling, and walked 'down th e road' K At that time both were suffering from the aftor-effodts of drink. They^ then y proceeded to the Oriental Hotel the ' loor being opened by a man. Witness fi mil several shandies and thought Mes- ' <er had the same. He met Daiv in c the hotel, but did not then know' his f 'aine. There was one other person ' • acre whom he did not know. An '■ ugument cropped up, instigated by ' UHy, on Labour matters, the latter 1 ■ontending that Labour should rule icrc and on the "Other side." When s vitness lcjßb the hotel he was hall l Inink, Messcn being drunk. After caving the premises they walked c lowu the road, Messer suggesting that c hey go for supper. The restaurant- '' proprietor refused thorn supper, ow- l J»g to Messer being drunk. Leaving a he restaurant, they went towards the 9 -Unlaita, and in attempting to board l he ship Messer fell into the river ll aid was drowned. t To Mr. Joyce: The Sergeant told ° urn on the morning of the inquest a haih it was the Oriental Hotel he had 1( ■•ecu to. He met Daly for the first v nne on Tuesday night, but did not. enow at the time what his name was. <.lis evidence at the inquest was cor- l rect. . ■ n Kdward Joseph Bond, manager of c he Cafe Royal, Albert Street, said he ( onieinbcrcd the night of November * 16. A young man came in for supper, " mt he \va> refused it, owing to his C J ■ondition. Witness could not identify * lim. q Constable Wilson said that on the ' ight .of November 16, at 11.45, he E •••as on board the Malaita. He saw " •-•'ife there, and as far as witness ovid sec he was sober. Fife had been f i the water. This closed the- case for the prose- * ution. c f THE DEFENCE. Mr. Joyce said that the case for the police rested solely on the witness Da^ly. When one took into consideration his evidence, it was' found that Daly attempted to bring before Court he suggestion that a conspiracy by the Votel-kecpcrs made it so unpleasant 'or him that he could riot got accom- 1 uodation. There were 24 hotels in I -Jrcymouth, but apart from the Gilmcr ' Daly did not go to one other. Later i ac went to McFarlane's, and was not I refused admission, because, according to the Crown's wiltmcss, he had given ] his name as "Dale." Later Daly gave as the excuse 'for being lato that morning the statement that he had been to Brunner. Seeing that the Briinner train reached Greymoulth at ten minutes to nine, it went to show that the whole of Daly's evidence was unreliable. Daly had first, stated that he had two drinks in the Oriental Hottel, and later contradicted this by saying he had three. He had also practically accused Fife of the murder of Messer. As to his statement ot who let him in to t"he Oriental Hotel, it was most unreliable. The evidence i>f Fife must be disregarded, as he did =tot know until told by the Sergeant what hotel he had been in, and even that day was not quite sure. The evidence of the police went to show that Quinn was in the hotel. lie would show that Quinn on tile", evening in question was on his way to Stafford. He would produce two witnesses who would swear that Quinn. was at Phqi-. ♦Lcr's Flat at 9 j^.ni; on Tuesday last,

. at which place he conducted business ;1 in connection with a sawmill about to v be opened. ' T31 James Griffon, sawmillcr residing at I heifer's Flat, about 25 miles from t, Greymouth, said that he knew Quinn, who was assisting him in a sawmilJ 3 v f«ture. He remembered seeing Quinn about a fortnight ago, and* toul him ?«?n Wauted £lUu — £ 50 for himself and -tSO for the other partner. Witness went to Stafford, and Quinn biked down there on Tuesday night, arriving about 9 o '"clock. Defendant remained there all night, sleeping in the dame room as witness. Cross-examined by- -Sergt. Rawlc: He was Quinu's brother-in-law. It was 10 mncs by road from Greymouth to Awawuna. They kept the ordinary time at the mill. He was positive that it was Tuesday night that Quinn arnved, and not Monday night. AVitness left the house in the morning before defendant, but did not see any oicycie. Qumn arrived again by car on the following Friday and tola witness that he would be cailed to ..-ivc evidence. - Recalled, witness said that he could not say how long it would take anlendant to bike down to i'heilor's. Q-uinn had been down previously on " bicycle. Vincent James Pheifcr said ilia I ho lcmcmbored Quinn arriving at J/Jioi ier's Flat about 9 p.m. on Tuc.clay »ist. Witness went to bed a.<oui J am. the following morning. Quiun, vhiilen and he were up to that time *..oing business connected with tho ►sawmill. ■Cross-examined by • Sergt. Rawlc: He was a brovhc-r-in-law of defenuunt. and was under some financial ob.-ga-uon to him.^ Quinn biked thruogh last Tuesday night. Sergt. Rawlc: ¥ou arc working ii; the bush, and sometimes take nttic no uce of the time. Witness: When one is working foi himself he does not bother much. Sergt. Rawle: So you ' migttc- sometunes think Sunday was Saturday? Witness: We are never that iia'r out. X never work on Sundays. The Magistrate: Is it not possible your clock would be wrong? Witness: It wouldn't be that fiu out. • To Mr. Joyce: He had no doubt in his mind that it was Tuesday ni^h. when Quinn biked down. Daniel McCarthy, said that he wa. a turner employed in the New Zenland Railways workshops. He remembered Tuesday, November 16th. Hi ivcnt down to the Oriental Hotel, aiu. entered from Johnston Street. He went into the dining room • and was talking to Miss Quinn for some time. Mrs. Quinn then came in and later a auui named Graham, bosun on the Alalaita. Witness suggested a game 'of cards, and he and Miss Quinn playMrs. Quinn and Graham. They played till about 10 p.m. and then had wupper, resuming who game afterwards till about 11 p.m. A man named Sinnett came into the room about tho time the pictures came out and remained there for some minutes. Cross-examined by Sergt. Rawle: Witness said he knew the Quinu family. He went (to see Miss Quimv at S p.m., entering the cottage adjacent to the hotel in Johnston btrect. Tii^ cottage was self-contained and separate from the other buildings. Graham said he was a seaman on the s.s. Malaita, and arrived in Greymouth last Monday. He went to the Oriental Hotel about 5.15 p.m. on. Tuesday, at tho invitation of Miss Quinn, who told him her dad would be away on Tuesday night, and if he went around they would have a game oi cards. He entered the hoitel by tho cottage in Johnston Street. Witness and Mrs. Quinn played Miss Quinn. and McCarthy at euchre. He left the hotel about 11 p.m., and went aboard tho ship. Cross-examined by Sergt. Rawlc: Witness said he had been to Greymouth five or six times during the past five years. He knew Quinn prior to 1916. Quinn was then, a hotel-koeper. On Monday, November 15, he went to the hotel and conversed with the. girl in the kitchen. He returned to .Hie hotel the following night, having been invited by Miss Quinn the, afternoon previous to go and . play cards. To Mr. Joyce: He iirst became personally acquainted with Quinn during the influenza ' epidemic in 1918. Eward Quinn, licensee of the Oriental Hotel, said he had heard ihc evidence as to his being in the hotel mi November 16, but he could swear that ho was never there that night at all* He biked to Phciffcr's Flat that evening, remaining all night atPheicr's. He took £100 down with him, giving £50 to Pheifcr and £50 to ; Griffon. He left Stafford at. nine ] o'clock on Wednesday morning, and , arrived in Greymouth at 11 a.m. He lefti the keys of the hot^el with his. ( wife. . i Cross-examined .by S.crgt. Rawle:- — ( The reason why he went to Pheifer's Flait; at night was " because he always made a point of being at the hotel at ' closing time — 6 .p.m. He, Pheifcr and Griffon were interested in a sawmill. ' He had been once convicted hi con- , ncction with a charge of -felling li ; quor after hours. It was" not a fact that he made a practice of serving liquor j£fltcr hours; but he admitted having been requested by the Licensing Bench to remove a bell from his pro- „ miscs. ' This concluded the ease for the defence. His Worship said that after hearing the evidence brought* by the police ho could not convict, -and would therefore dismiss the information's.