CHARGE AGAINST A PUBLICAN.

Hawera & Normanby Star, Volume LXV, Issue LXV, 20 May 1913, Page 2

CHARGE AGAINST A PUBLICAN.

PROCEEDINGS IN MAGISTRATE'S COUHT. '

At the Hawera Magistrate's Court on Monday, W alter S aientine, licensee or the Manutahi Hotel (tor whom Mr G. H. Ryan appeared) was charged by the ponce wiui having on or abo;„c An, il 3, supplied liquor to a person (Thomas Wall; already in a state of intoxication.

Detective-Sergeant Siddells prosecuted and called

Thomas Wail, who gave evidence that when he went to Manutahi on March. _2 he had £2 on him and a sum ot £40 16s bd at W averley. ±le stayea at the hotel until *eke i olio wing _uesday, when he went to v\ averley in a mo cor car witn Mr Valentine, from the Saturday to tlie Tuesday witness spent the buik of his £2 at the hotel. On the luesday witness got his cheque ror £40 6d at Waverley from Mr Muir and handed it to Mr Valentine. They then returned to Manutahi. \v itness got no change for his cheque at Waverley „or on the Wednesday.

Mr Ryan here objected that these matters had nothing to do with the charge the licensee was called on to meet —that of supplying liquor to a man in a state of intoxication —and asked that his objection to this evidence should be noted.

Continuing ills evidence, Wall said that after returning to Manutahi he drank beer and continued to do so for three weeks and was never away irom Manutahi, where he remained until April 14. While there witness was sick for four or five days, the cause of sickness being liquor. Witness was supplied with liquor whenever he asked for it by Mrs Valentine and at times by Mr Valentine. Witness could remember all that took place and remembered purchasing four bottles of beer from Valentine about a week after going to Manutahi. Did not remember purchasing any whisky, and had not purchased beer for anyone that he was not able to deliver. About April 14 Valentine told witness that his (witness') money had run out. While at Manutahi witness slept at the hotel. When Valentine told witness his money had run out he (Valentine) gave witness a sovereign. Witness' state was then bad through liquor. While at Manutahi witness was never properly scober and he did not remember any day on which he was not sup--1 plied with liquor. Paid no bills at Manui tahi and made no presents. Witness I gave Valentine his cheque and got no return. He had received no account for I board and lodging and had paid nothing for board or lodging. By Mr Ryan: Witness went to Manutahi tor a holiday. Had worked there, but only knew about a dozen peopl# there. Sometimes-' witness dropped across one or two old mates there. Knew Harridan, who lived at Manutahi, and had bougnt tour bottles of beer for him. Witness was partly sober then, but did not know what time of day ne bought the beer.. He took it down in a kit to Harridan straight away.. Witness was not perfectly sober then. Witness might "go oil the spree once -in eighteen months, but had never before spent his cheque "on the spree.'? Witness had taken a prohibition order.> out against himself. i Constable H. D. Armour, of Patea, stated that he had interviewed Valentine on April 21 and informed him at a complaint Wall had made. Valentine, in answer to witness, said: "Wall came to the hotel about March 23 'on the wine.' When he had been there a week he owed me £10. I had lent him some money. Wall went to Waverley and returned the same day with a cheque for £40 16s 6d. Wall paid me £10 and I gave him back £30 in gold and notes. Wall was never drunk in my house, and was never laid up for a week, but shouted for all who came along and" gave his money away. He paid £1 for board and lodging, but I do not know what he paid for liquor. When Wall had fce?n there for about six weeks he &aid he would go away and I gave him £6, but he stayed another few days and I gave him another £1. I gave Wall £37 in all". Wall had drunk most the first week, but afterwards had chiefly drunk small shandies. After coming back from Waverley Wall was bad for a few days through eating tinned fish. Mrs Valentine gave him every attention and made soup for him. Wall was all right when | he went away."

Continuing, witness said that Mrs Valentine was present when he had the foregoing conversation. Witness remembered interviewing Valentine subsequently in company with Sergeant Siddells. On that occasion Valentine said: "Wall went to Waverley in a motor car and came to me with a cheque of £40 16s 6d. At Manutahi I gave him £30 16s 6d and he returned £15 to me. I gave this back to him in "dribs and drabs" —£6 at one time and other suras at different times. He owed me £2 when he left." While this conversation was going on Mrs Valentine came up and, on being informed who Sergeant Siddells was, she began to talk. Mr Ryan here objected to the admission of the wife's evidence against the husband, which counsel said was hardly ever allowed. Continuing, witness stated that when Mrs Valentine began to talk she said: "Wall §houted for everybody that came along. On one occasion he bought half a cozen bottles of beer, but lost it on the road to the old man's (meaning Harridan). You know the state he would be in. He often bought bottled beer: sometimes a bottle of whisky." At the first interview Valentine said that Wall owed him £2 or £3 when

he went away, as he (Valentine) "did not like to see the old fellow stuck."

Br Mr R3'an: Had not warned the Valentines in any way, as the case was not in his hands, and had discussed the matter in a conversational way.. On the second occasion, when witness and Detective Siddells interviewed Mrs Valentine, witness was confident that Valentine was present all the time. The Valentines were not warned on that occasion that a prosecution was intended. Sergeant Siddells on leaving had said something to the effect that: "This is a case of an old man having lost his money and now being sorry for it." Except that he had not told witness that he had gone to Waverley with Wall for the cheque l Valentine had been quite frank in what he said to witness. There had been no complaints from Manutahi as to Valentine's conduct of the hotel.

Constable Benjamin O'Brien, Waverley. gave evidence as to having seen Wall apparently suffering severely from the after-effects of liquor, and witness accordingly brought him before the Magistrate and had him prohibited. Wall had made a complaint to him. Wall occasionally went "on the spree," but was not a.man to throw his money away. Witness had known Wall for a number of years.

Detective-Sergeant Siddells gave evidence similar to that of Constable Armour in reference to their interview with the Valentines.

In answer to Mr Ryan, the witness said that when on leaving he made the remark to the Valentines to the effect that it was a case of an old man losing his money and making a song about it, he did not altogether mean it. For the defence Mr Ryan contended that to prove the charge against his client the police must prove conclusively that Wall was in a state of intoxication when the liquor was sold to him. This he claimed, they had not clone. Counsel admitted the sale of the bottles of beer to Wall, but said that the latter was then perfectly sober, and contended that a general inference must not be drawn, but that direct evidence must be given that Wall was intoxicated, when he received the liquor.

Elizabeth Agnes Valentine gave evidence as to the purchase of six bottles of beer by Wall, who said it was for Charley Harridan. Wall later handed back the beer to-witness, who out it behind the bar to keep for him. ' Wall was nerfectly sober, and had been to Mokoia that day to look for work.

By Sergeant Sidlells: Did not remember saying that Wall had lost his beer, and could not understand how she could have made such a mistake. Had never seen Wall drunk while he was at the hotel, but he was very free in shouting and giving his money away. Wall would shout for other people, even if he did not know them. Witness had told Wall not to be so careless with his money, as he was not a young man. Wall repeatedly asked witness to throw out a glass of beer he had only just begun and draw him another. He almost always had medium beers. Wall had been made ill through esiUng tinned fish and peaches, but the whole time he was at the hotel witness had not seen him the worse for liquor, wall could not expect his money to last long at the rate he spent it, but tvitness had no power to stop him— she could only advise him not to be so foolish with it.

George Bryant, contractor, said he had been living at the Manutahi Hotel tor the last twelve months. Knew old Tom Wali, who came to the hotel about Easter time. Remembered Wall buying beer to give to "old Charley." 11 • \ as then aU rigilt arui was -^''a^s all right, and always turned up to his meals when the bell rang.

By Sergeant Siddells: Wall made himself sick by drinking water at five o'clock in the morning sooner than wait for witness to boil the kettle. Never saw Wall drunk or muddled.

The Magistrate said he would like to go through the evidence and look into the cases quoted, and he would probable give his decision en Thursday afternoon at 2 o'clock.