“ONLY MERRY.”

Hawke's Bay Tribune, Volume I, Issue 190, 29 July 1911, Page 11

“ONLY MERRY.”

ALLEGED BREACHES OF THE LICENSING ACT.

INFORMATIONS DISMISSED.

At the Magistrate’s Court, Hastings, yesterday afternoon, before I Mr. 8. E. McCarthy, S.M.. George Beresford Mackay, licensee of the Grand Hotel, Hastings, was charged with (I) that on June 19. he did sell liquor to a person already in a state of intoxication; (2) with permitting drunkenness on his licensed premises on the same date. Mr. Lusk appeared for the defendant and pleaded not guilty. Sergeant Hogan prosecuted and 4 Mr. Scannell watched the proceedings on behalf of the Napier Brewery Company. After outlining the facts of the case, Sergeant Hogan called Oleni Turetahi, a Native, who gave evidence that he came into Hastings on Saturday, 19th June, arriving about 8.30 a.m. Had one drink (whisky) in the Albert Hotel. Had another in the Carlton Club Hotel about half an hour later. Went into the Grand Hotel about" an hour later, and had a whisky in the private bar, and shouted for the barmaid. Called in at Flynn’s Hotel and had another whisky and then went to Graham’s stables. Got his horse and trap to go to Tanrapa station ,and when opposite the Catholic Church he met Joe Parakutu and another Native. Gave the horse and trap to the lat--Native to fetch witness’ “bluey.” Joe and witness went back to town, and had two moje. whiskies in the Grand Hotel, wit-~ ness shouting both times. A Native named Lemuel then shouted". Did not remember being asked to leave the premises .nor being locked up by a constable. Mas brought before the Court on June 20th, pleaded guilty, and was fined for drunkenness. A prohibition order was also issued against him at his own request.

To Mr. Lusk: Had four drinks before he went to the Grand Hotel the second time. Could then walk and talk all right. Got drunk, after the seventh drink. Did ‘not know if he left the hotel then or not. Saw a Mr. Limnier in the bar. It was <lO a.m. when he went into the Grand the second time. Did not remember Mrs. Mackay ordering him out, or the barman putting him out about 11 a.m. Joe Purukutu, a Native employed at Waimarama, deposed that ho remembered meeting Meni Turetahi near the Catholic Church on June 19. Noticed Heni had been drinking. Walked back with himto the Grand Hot-el. where they met Lemuel, who shouted. Meni had a drink but witness did not notice what it was. Meni then shouted, and witness left the hoteL Afeni was then sober enough to have another drink. He was only ‘merry.” Sergeant Hogan: What do you mean by “merry” ? Witness: When a man has half as much as would make him full. (Laughter). f

Mr. Lusk: That definition ought, to be forward on to Sir RolJrt . (further laughter.) Continuing, the witness said “Me a statement- to the police. Was frightened at the time. Had never spoken to a policeman before. Nobody had spoken to himregarding the case. Charles Seiwood. cab-driver gave evidence that he saw Meni at the back of the Grand Hotel on June 19 about 11 a.m. He wwpretty drunk and got into witness’s cab. Drove him to Graham’s stables, and he then asked to be driven to Apsey’s fruit shop. Witness did not know where the shop was, so he drove to the cab stand. Opened the cab door, arid Meni fell out. A constable then came and put him back into the cab, and both were driven to the policestation.

To. Mr. Lusk: Meni was standing on the footpath opposite the back entrance to the Grand HoteL Constable McLean gave evidence that he arrested Meni at 12.20 p.m. on June 19, near Flynn's Hotel. This closed the cese for the prosecution.

Air. Lusk submitted that there was no case to answer, as there was absolutely no evidence that- the Native was drunk when he left the hotel premises. In giving his decision, his Worship said that in. this ease he had to look to the evidence of the witness Joe Purukutu, who had stated that when he left the Hotel, Meni was fit to have another drink or two. This witness had made a different statement to the police, but he had to act on the evidencegiven in the Court. The police had been quite justified in bringing the cases on on the statement made by Purukutu. but on the evidence before him he had no option but to dismiss the inforffiations.