LARMAN FINED.

Hawke's Bay Tribune, Volume IX, Issue 172, 7 July 1919, Page 6

LARMAN FINED.

FOR SUPPLYING INTOXICATED MAX.

At the Nap’er Magistrate’s Court this morning, before Mr. Dyer, S.M., Leonard L. T. Martin, barmin. was charged that on May 24th. he did supply l.quor to an intoxicated person. Archibald Cecil Harrison. Cale donian Hotel, was also charged that on the same date (1) he did sed liquor »o an intoxicated person (2) did permit drunkenness on licensed, pivmiscs. Mr. H. B. Lusk appeared {or defendants who pleaded not. guilty. These cases ate the outcome of an inquest held a few weeks ago into the circumstances surrounding the death of a young native named Heka Anaru, who was found at the Caledonian Hotel in an unconscious condition, and died subsequently at. the Hospital. Evidence similar to that given at the inquest ns t > deceased’s intoxi rated cond’th-n was given by Herbert Dale, labourer. Petane. who •■ as in di'-eased's eonmany on that day. Wetane Anaru. father of deceased ; Ja'-k Waina. Petane. who was al'O w-th deceased, and who 'tnte'l that they had four or five drinks at the Caledonian that morning. two at the Criterion (prior to Innchina at. Paxi*) another chink at the Criterion-- deceased was then stawini; along, but not too bad — I and fo e to six move th inks at the : ('a’ed--n. : nn. Martin being then hi I the !>•■••. Martin then stonned serv- : imr them as '■(•' cased fell Inc* i'•c-uT'st. the nartition. He did .not I-.vl’.it. ean'-ed *>’’>* to fail. but. i ?'a*-*'n *. >’>l M -'tness l.n take' him out. !b> ".as ,->bo!tt throe y.artt drunk. Witness <!e'''r'*'ed the Birther hapnoninor; ,-t the urinal etc. T . Mr T-,.-k: Things were pretty ’•isv in the bar that, afternoon. ' V.'*d’e thee were Imrint; aga’nst the ’>■!•• t’-.0-o v as no’lcnu tn sbti’v that j . ■'<•'■<•.:?(• 1 v. as ih'.e.k as he was quiet ■■i.d tilkhiz «ensil«'v.

’I,. Se". Se-treani- Eales: Martin .plied f.’.ein with the Vquor each i-i.-ii' paving for li’s or.n drink. Aiex. Dougins, porter, and Ser- - .silt Cox. also rave evidence. ’ ! r. I.i.sk for th de'ence. said ( •i. 'ie uas no doubt d- ceased was 1 ■ ■ii I r the influ»-nc of I'quer. Air. | !i. rrison had given strict instrin } ■ : ...ns to his .employees regarding the j -l i ving of liquor to intoxicated per- ■ sons. On this afternoon he «as en-I ig- <1 in another part of the hot 1 • on clerical v.crk, and saw nothing of i :it:s <><•■-urretire in the bar. The bar-i rian h’’d a particularly busy time j 1 the bar that tint , and as there j ■.'.•-•re ninny natives in me bar th.-.-. | -In,'. , he did not r- -miiect. this par- ! icu'.nr ruin. As t> tL cionrre of* ,-7 hire !;< -as :■• Io c iter a * ■ •■■ ■ ■•; tri,!':’’. H- .-iibi'.itt- d there ■re-e. L- a km. L-'!-;. •;» t*!<‘ part of t ie barman that the man was drunk inti in th:s case he --as n«.t aware. <■:' the mail’s condition until he stag- : gored. t i Senior Sergeant Eales said although the barman refused to serve ■ deceased, he took no steps to have • him removed from the and j another employee seeing him in this : drunken state tet him remain there. > Hts Worsmp said it’ the barman : did not know the man was drunk he ! snould have, and he considered him j •guilty of gross carelessness —the ‘ 1 number of drinks supplied was be- ■ 1 yond all reason, and his drunken I condition was no doubt indirectly ; the cause of death. He was con-! vinced that the licensee had no knowledge of the occurrence, and although legally liable for lhe .actions of his employees, was not morally guilty. He v.ouid therefore . not inflict a severe penalty. I Martin was convicted and fined" £l<> and 11.- costs, and Har-, ri'sr.ti was convicted and fined £1 and t 15 - court costs on lhe first cnarge, ; £l and 7 - costs on the second, to-; gethtr with £6 3, witnesses’ ex-; penses.