ILLEGALLY AT HOTEL

Hawke's Bay Tribune, Volume XXVI, Issue 100, 8 April 1936, Page 4

ILLEGALLY AT HOTEL

Three Men Charged ONE GIVEN BENEFIT OF DOUBT Two men, Francis Herbert Scanlon and Edgar Sharpe, were fined £1 and 10/- costs each by Mr J. Miller, S.M., at the Hastings Police Court to-day, for being found on the premises of the Pacific Hotel after hours. A third man, Leslie Gordon Gregory, was acquitted. The police said he was with the other two, but the defence was able to establish a doubt in the mind of the Magistrate, who said that he would give Gregory the benefit of that doubt. Senior-Sergeant Macnamara conducted the prosecution for the police. Gregory, who was represented by Mr E. S. Averill, pleaded not guilty,. Scanlon and Sharpe pleaded guilty. Senior-Sergeant Macnamara said that at 6:40 p.m. on the day in question he and Constable Goodson were standing at the corner of Heretauuga ana Market streets, when they saw three men come out of the Pacific Hotel. He spoke to Sharpe, who gave a reason for going to the hotel. Constable Goodson spoke to the others. Constable Goodson gave corroborative evidence. He said he spoke tp Scanlon, who first denied he had been into the hotel, then said ho had been there to get cigarettes. Gregory denied having been there at all. Scanlon was intoxicated and Gregory had had drink, but was not druuk. Sharpe was intoxicated. Cross-examined witness said that it would surprise nim to know that Gregory had come off the 6.20 bus from Clive, and that Gregory never saw tho two before that evening. Witness saw Gregory walk out behind Sharpe and Scanlon from the door of the 'hotel. To the Bench witness replied that he could distinctly see the three talking out of the hotel. Counsel for the defence said that the police had made a mistako as to the identity of the third man with Scanlon and Sharpe. Gregory, a farmer living at Clive, said that he arrived by railway bus at approximately 6.40. He met a friend named Corner, with whom he arranged to go to tea. Corner went into the hotel to see the porter, who was standing in the doorway. While Gregory waited the police came up and the constable asked his name.

Witness said he did not know the two other men who came out of tho hotel, and had never seen them before. Cross-examined, witness said that h» left the bus at the “Tribune” office and met Corner in Heretaunga street. They then walked towards the hotel, because Corner wished to see tho porter. He saw two men come out of the hotel as the sergeant and the constable came across the street. Corner had not said he was going to the hotel

“for a spot.” Alan George Corner said he had known Gregory for nine years. Witness knew both Scanlon and Sharpe, but Gregory did not, nor did Gregory drink, as far as he knew.

Scanlon, one of the defendants, said he had not known Gregory. Gregory was not in the hotel, but was standing on the footpath. The porter mentioned by Gregcry gave evidence that two men went into the hotel at the time in question. He recognised Gregory as the man standing on the footpath while Comer was talking to witness. Ho remembered turning away two men who brushed past him. Mr Miiler said he was satisfied that the police officers did see three men, but there was a conflict of evidence aa to the identity of the third man. He felt lie was justified in giving Gregory the benefit of the doubt and dismissed the case against him. The two others would be fined £1 and 10/- costs each.