MAGISTRATE'S COURT.

Marlborough Express, Volume XLIII, Issue 114, 12 May 1909, Page 5

MAGISTRATE'S COURT.

(Before Mr T. Scott-Smith S.M.)

PROCURING AND SUPPLYING

LIQUOR

Henry Bowser was charged with procuring liquor during the currency of a prohibition order, and pleaded guilty. Constable. Bird told the Court of the fact of seeing accused drinking out of a bottle of beer. He had boasted that he could get drink in spite of the prohibition order. His Worship inflicted a fine of £5, in default two months' hard labour. An application for time to pay was refused. James Register was charged with supplying the liquor to Bowser, and a plea of guilty was entered. His Worship inflicted a fine of £10, or three months' hard labour. A similar charge against Walter Nugent Eyles for assisting to supply liquor to Bowser was preferred, and accused pleaded not guilty. Constable Bird said that this case was on all fours with the others. He saw Bowser and Register together, and Eyles, who was a prohibited person, joined them, and the three walked up Charles Street. He was evidently waiting for his turn at the beer. Eyles knew Bowser very well, and could not plead ignorance of the order against Bowser. To Counsel: Witness had heard Register say he had two bottles before Eyles came on the scene. He could not suggest that Eyles had procured the liquor they were drinking, either directly or indirectly. Counsel said that accused was charged with assisting to procure liquor, "not with inciting to drink. The police could not say that he did assist to procure liquor, either directly or indirectly. Accused was not the worse for liquor and knew of the order against Bowser. He had nothing to do with the liquor, and had refused to drink with them. The case was dismissed. John Poppleton was charged with procuring for Henry Avery liquor during the currency of- a prohibition order. Accused pleaded not guilty, and was defended by Mr MeNab. All witnesses were ordered out of Court, on Mr McNab's application. Asked if the defence would admit that Avery was a prohibited person, Mr McNab said he would admit nothing. It was not an ordinary police case, or he would not raise these points. Constable Bird was called to prove that Avery was a prohibited person. He had served the order. Witness had the conauct of the case, from information supplied by Mr Goodman. He went with Goodman to collect cvi-

deuce. ' _ ,1 The Sergeant-Major objected to th'o1 manner of the cross-examination. .-'

Witness was asked if it was.; on Goodman-'s information that the casa was taken up, and The Sergeant-Major objected to the j question. ( The Bench upheld the objection. Mr McNab: Has Goodman or Avery , been_ called as a witness? Witness: No. ■ Mr McNab said that a solicitor was going to conduct the prosecution, until he (Mr McNab) had asked the Sergeant-Major how he could do so. He (Mr McNab) wanted it to' come out who was the instigator of this charge.. j John. Webster, driver for Mr Goodman, knew Avery, who was also a driver in- the same employ. Avery was a prohibited person. He was at the races on the 6th May, and he saw Avery sitting in a drag. By his appearance Avery was slightly the worse for liquor. He saw Poppleton. give Avery a glass of liquor. From its appearance and its effect on Avery he (witness) should say it was whisky. The wine glass was three parts full, and when Avery put it to his mouth he gulped. Poppleton had a drink too. Poppleton came from the direction of the booth to the back of tho drag. When he saw Avery again later on in the day Avery was absolutely drunk. There was about ten or. twenty minutes between the time he first saw Avery and the second time. INo one gave liquor to Avery from the time Poppleton gave the drink to the time Avery collapsed. To Mr McNab: He saw the team go home. Avery had the reins in his hands. It was a five-horse team. He had his o%vn horses to look after. By collapse he meant that Avery was i capable of driving passengers home, j but after he had the one drink he was ; not capable. O'Sullivan was not on the drag. Witness told no one about the matter beyond Bert Squires, who was also a driver for Mr Goodman. | Bail lie was also by when he told Squires. Baillie also drove for Mr Goodman. Mr Goodman had never directly spoken to him about the matter. He had never mentioned the matter to Mr Goodman up to the 10th of May. Poppleton was an opposition coach driver. He did not tell his employer about the matter until after he was summoned.

Witness was asked if he remembered a charge of theft made by Mr Goodman. His Worship said he would not allow questions like that. Mr McNab said, he only wished to show malice. Witness (continuing): He had nothing against Poppleton. Frank Bailey gave evidence mainly corroborative of the evidence of the previous witness. At the races he saw Avery, and he seemed all right then. Poppleton he also saw. He saw Poppleton standing alongside Avery and hand to the latter a glass of liquor. Avery took the drink and then coughed and spluttered, and emptied what was left in the glass on to the grass. Avery afterwards seemed muddled. To Mr McNab: He said nothing about the matter to Goodman, until Goodman came to him and asked him about it. Goodman said it was no use saying he did not know anything about it, as he (Goodman) had been told he knew. Webster, Squires, and witness were all together and saw what happened. Goodman asked witness if he had seen Poppleton hand Avery the drink. Avery was not drunk, as-far as he-could remember, iii the morning in Maa-ket Square., He would not say whether- Avery was drunk or sober. Witness did not see Poppleton take a drink" at all; He did not see where" Poppleton got the drink. The drag was at the corner oi" the booth. He did not know- what was in the glass given to, Avery It made him cough and splutter; that was all he knew. • Bert Squires, a stableman employed by Mr Goodman, said he was at the races with a cab. Bailey, Webster and himself were talking together. He saw Avery at the ground. He saw him come down for a load in the afternoon. He had had. ■ drink, but wits capable 6i driving home. On the grojmd afterwards Avery seemed to be the worse for drink. He saw Poppleton give Avery a glass of whisky. It

seemed to him to be whisky. WherS Avery left the course he was pretty, bad. 'Poppleton took a glass of drink himself when he handed the drink t<* To Mr McNab: He never told Mr; Goodman anything about the matter.: On the Saturday, he.thought, Good*. man asked him if he saw Avery being, supplied with drink. He tuen told what he had seen. Avery was the worse for drink in the afternoon, be-: fore he got the drink from Poppleton.: The glass given by Poppleton "finished him off." The thing was done. openly, in front of hundreds of people.! He did not see Poppleton give o'Sullivan a drink. To the Sergeant-Major: Before Avery, got the drink from Poppleton he was capable of taking his load home. After, the drink he -was not capable. To his 'Worship: Yes; he managed; to get home with his team. Sergeant-Major Mason said it could not be proved that the liquor was whisky. They could not call Avery,, and ask him to incriminate himself. Mr McNab: But we will call him;1 make no mistake about that. Avery; had been sent away on a three days • journey, so that he could not appear. Sergeant-Major Mason said he thought Avery should be present, and perhaps an adjournment would be best to have him called. Constable Bird, recalled, said h& had spoken to Avery, and Avery said he did not remember seeing Constable Bird, and did not remember Poppleton giving him drink. He said he might, have, but he did not remember it. He had been too bad to remember; anything. Mr McNab: That is an insinuation that Poppleton had supplied drink to an absolutely drunken man. It was. an inexplicable thing that of the hundreds of people who were present on the alleged occasion of Poppleton supplying the liquor, no one was called for the prosecution except three men employed by" Goodman. The "three witnesses swore that they never informed Goodman until Goodman came to them and asked them about the matter. Who then informed Good-; man? and why was the informant not called? He (Mr McNab). said he would object, to hearsay evidence. Albert Goodman said he 'was driving to the races on the sth and 6th May. He saw Avery in the afternoon. at the course, and when he left the course. He was too far away from him to speak to Avery. Avery seemed the worse for liquor. He did not see Poppleton until Avery had gone home. He did not see Poppleton give any liquor to Avery. Witness would not like to swear that Poppleton was. under the influence of drink. Poppleton came to him and chaffed him about Avery going home without his. passengers. Sergeant-Major Mason said he woulct like Avery to be called, and would ask lor an adjournment.

In answer to Mr McNab, young Goodman said Avery had been sent to Tophouse, and would be away for, about four days.

His Worship then adjourned the case until Wednesday, May 19th.