MAGISTRATE'S COURT.

Marlborough Express, Volume XLIII, Issue 120, 19 May 1909, Page 8

MAGISTRATE'S COURT.

.-(Before T. Scott Smith/S.M.) SUPPLYING LIQUOR. THE POLICE v. JOHN , POPPLETON. CASE DISMISSED. The case in which John Poppleton was charged with supplying Henry Avery, a prohibited person, with drink during the currency of a prohibition order, and which was adjourned from last Wednesday, came on at.the Court this morning, when the evidence for the ,defence was heard. ' ' Henry Avery stated that he did not recollect being served with drink by Poppleton. He admitted that when under the influence of liquor his memory was faulty. / Mr McNab, in addressing tlie Court, said that it was a peculiar thing that the1 three witnesses called, by the prosecution had all- sworn that neither of them had informed Goodman - that Poppleton had served Avery with drink. Goodman was not '.present on the course. How, then, was Goodman to know tliai> Poppleton had served Avery. with drink ? ; Frank O'Sullivan deposed that ne knew Avery, and that the drag witness was driving at the races was quite close to Avery's drag on the. day in question, about the time that defendant--• was supposed to have .given Avery drink. Witness had a drink with Poppleton, . but did not 'see the defendant give Avery any drink. , ' ' ' , TT ■ To Sergeant-Major Mason : He was in a position to see whether defendant gave anyone a drink. It was quite possible that a mistake had been made. Avery was certainly the worse for drink. \very," recalled, said he had received 'a bottle of whisky" from a friend from Wellington on the course, and he had full control,of the bottle throughout the day. 'It.was a stone bottle. He had no recollection or having any drink with Poppleton. ' J Burke, H. Martin and H. J. Chiverson all gave ; evidence as seeing Avery at the course^ but did "notj see Poppleton give him a drink: Christopher Goodman gave evidence as to communicating with the* police in consequence of certain information he had received in support of the contention that Poppleton had. given Avery drink. His only , reason tor dointf so was to protect himself in the event of anything going wrong, while the driver was incapacitated through strong drink. NHe had. fco feeling, from that, m the mat'COT. *.■'•"' John Poppleton " said he had not given Avery any drink. He noticed that Avery was very drunk, and he thought no one but a madman would have given him drink, in the condition he was in when witness saw him. Avery was driving a good team of horses that took a good deal of handling. • ■ .. ■ -.'"■' Sergeant-Major Mason asked witness if he would suggest why the charge had been brought against him? He Replied that the Court did not hear the expressions given vent to by the chief witnesses for the prosecution in the streets. He further stated that it was quite possible that a mistake had, been made when witness was taking a .drink to O'Sullivan. ' -; ' ■. , The Magistrate said he would dismiss the case, as he was satisfied that the evidence was insufficient to Stis-; tain the charge. ' .// ;? ;: