Resident Magistrate's Court, Foxton.

Manawatu Herald, 13 May 1893, Page 2

Resident Magistrate's Court, Foxton.

(Before H ; W. Braba'rit Esq, R.M). Thursday, llth May. (uusfiKAt*; , Sedrge Bdc'kiiian' w't£s ; 6stlrgtici % Allan Strang with trespa'ssTijg' on Section 84, Motoa. • Mr Ray appeared for defendant who pleaded not guilty. Allan Strang deposed that on Saturday afternoon, 15th April I saw a niari ri'dirig.dy'er tHe |Utj!d;rt pf dlir land 5 I Bii my norse and went after him ; he said he was going to Palmerston ; I asked him if he knew he was trespassing, he said he didn't ; I told him he was and I should have to ask him to go back again ; I informed him that we httd put a notice m the papet that all trespassers Would be' giroSetfuM fetid tliat if He didn't go back I should have to summon him ; I explained why we had to stop people crossing the flat on account of gates being left open and stock getting mixed up 5 he said he thought there Was & i'ddd j fag re 1 * fused at first to give either his name or to go back; he proceeded to ride on and I told him I should stop 1 him at the next gate i lie ttieti gave his name as George Johnson, I asked him for proof but he refused to give any other name ; the land is fenced, but the river is a boundary ; he had to come through gates to get on to the land. By Mr Ray-4)efentlaflt was about four or five chains from the river when I stopped him ; there is a track along the river side ; I know it is not customery for men to use this track ; I have known it about 15 months, since I have been in possession ; defendant was about a quarter of a mile from the entrance to the land wh.eh I stopped him ; the road stops at my gate ; have heard that people have tried to cross the land but have heard of their being stopped ; there has been a good deal of trouble since ; We must put a stop to it ; when I stopped him he was a mile from the gate he was going to<; put no board up on the entrance to this track ; there is a road to Motuiti through our land but not from where he was ; have not refused passage by the road ; the Maories use it nearly every day ; there is a general impression there is a road through this land. Mr Ray said the charge was for wilfully trespassing and refusing to leave the place ; if it was considered that the defendant acted under a fair claim to act as he did, there was no jurisdiction in the matter. George Buckman deposed, — On the 15th April I was on my way to Palmerston and passed over land where I met complainant ; was on the river bank below high water mark ; there is a beaten track ; been along track several times before ; been six or seven months in the neighbourhood ; do not know exactly where the Messrs Strang's boundaries are ; from where I entered to where I met the complainant it was fully a mile ; the place was at a bend in the river ; he did not tell me bis name ; I told him I was under the impression there was a right of road there ; it was not many minutes from the time he spoke till I was off the property. . Cross-examined by Mr Strang — Understood from the gate to where we met was a mile ; I took the gate past where we met as the boundary ; I gave the name of Johnson just to put you off. Walter Alzdorf deposed— l know there is a track that has been used 25 years. Cross-examined by Mr Strang— l am not an authorised surveyor ; I made a plan not a survey of the property for Mr Oliver; I put no j roads or tracks on it. ! The R.M. said refusing to leave seemed to him refusal to leave by the nearest road ; he agreed it would be reasonable as defendant was on a track that had been used for a time there should be some notice put up to warn people; if defendant had gone back when he was told he could not have been proceeded against, but as he persisted on going on defendant should be convicted ; an additional reason was his giving a false name as it did r>ot show a reasonable belief in his right ; as the complainant only wanted to siop people going through a nominal fine would answer, and the defendant would be fined Is with costs 14s. John R. Stansell was charged with having permitted drunkenness to take place in his licensed premises. Mr Halliday appeared for defendant who pleaded not guilty.

Constab'e Giliesple pfoseditted and said the charge was laid under sec tion 146 of " The Lii-ensing Act." He referred also to section 152 and fcp section 167. The case arose through a iiidri fairied Harris; who had had a prohibition order ftlade against him ; the order expired some tide ago; wh'eti he (the constable) asked the publican's riot td supply him ; Mr Stalisell agreed, b'tit shortly after he found Harris drunk in Mr Stansell's house. He also' saw other drub ken 1 m'eri in the house. John Giilesjtte . deposed— On the 24th January went into Stansell's hotel, in the room to the right from the frorifc door saw a number of men Hririkitig'} sdiiie very riiucH itifcpxicated; went to the other bar 1 flotfr and in the room to the left there W*e fee men. in that room, one was called " Happy Jack " he had fallen off his chair on' to the floor, tried to 1 rouse him but foufid hfm hopelessly drunk ,' another man d'ferien 1 wds sitting 1 pri a' chttir,; he was also hopelessly dratify nWfit there was another man lying on the sofa*, from ,his appearance took him to be I dru^i? „' M.T Stansell's son Robert's attention $&& #H>!wri to the men in the room ; when speSm^ to R. Stansell noticed Harris in front 6i bar drinking a long beer ; he was in the same state as he had been a week pfeviotis/ A drunken muddled, state ; ori way ottt SAW fctitofeUJti #te fs; sage and spoke to him about Ham& 1 said " I thought you told me you were not going to supply Harris any more ; he said " I must supply him, there was no order out against hitn " j reminded him he had agreed he was not a man that should be supplied with liquor ; told him if he Me'r'm l in'e.c| ttf simply Harris he must summon him. Cross-examined by Mr Halliday— the whole matter arose from Stansell's supplying Harris; could not say if Harris was drinking with anyone though 1 ttitLtit present ; Harris was in front of the 1 bar * this would be between 11 and 1 ( 2 o'clock j this, was the day after the races ; was id ttie 1 lidtis'fe' again that day ; been in Foxton three 1 years' j ite'ver t laid any other information against fei&tisell; believed Stansell did say he could hot refuse to supply Harris when he was sober. The constable said this, was his case. Mr Halliday said he should put witnesses into the box to show that Mr Stansell was not a wilful violater of the law ; it has been shown that Mr Stansell has been previously, and since, conducting his house properly ; he contended that the permitting drunkenness meant " knowingly " permitting it, he quoted to that effect from Morrison's Digest ; Mr Sfcansell would produce testimonials from Inspector Pender as to his carefullness in managing an hotel in other places. J. R. Sfcansell deposed — Saw Gillespie between 11 and 12 on the 24th January ; he said " Harris is on the spree again," I admitted he was on the spree, he had got intoxicated on the racecourse the previous day ; he asked me previously not to snpply Harris ; I said ifc was no good if the others supplied him ; he said the others had agreed not to supply him ; never supplied Harris with drink after the constable had spoken to me ; had said that as long as Harris was sober, and wanted liquor he was compelled to supply him ; the men lying down were quiet and had not been supplied by me; saw Harris in the bar on the 24 th ; previous to the constable first seeing me, Harris had been in the bar ; H. Coley and A. King were present ; Coley asked Harris to have a drink by saying " What's yours ?" I told Coley I could not supply Harris, wherever he has been he's had enough ; Coley said the man was not drunk ; I admitted that, but said he has had enough and I would not supply him; there were no men drunk on my premises to my knowledge that day ; on night before the races we had 61 on the premises ; have been hotel-keeper last 15 years ; have never had charge laid against me, (testimonial of Inspector Pender produced.) Cross-examined by the Constable— I did not supply Harris ; could, not turn him out ; did not turn Harris out that evening ; I admitted Harris was a man ifc was not right to supply when he was on the spree ; do not know that I have power to exclude a man of drunken habits from my premises ; do not recollect how soon after constable spoke to me I supplied Harris ; was about the house all that morning ; did not supply " Happy Jack " that morning ; positive my son was not in the bar ; had no grievance with the barman James on night of the races or day after ; saw the men who were lying about, they were asleep ; will swear Patrick O'Brien did not get drunk on my premises that day ; I refused Harris before you entered the hotel ; Harris was not drunk but he had had too much and I would not supply him with any more. H. Coley deposed— Was at Stanse^l's house on 24th January, saw Harris there ; asked him to have a drink, but Mr Stansell refused him ; Stansell said he thought he had quite sufficient ; this would be. | between 11 and 12 ; there was nothing disorderly about the house. Cross-examined by the Const able —

Know Happy £ack, did not see him diinfciflg that day at Stansell's ; saw Con O'Brien there ; he was drinking; I shouted for him; gave O'Brien a quart of beer ; was in tbe bar parlour ; Harris was in the parlour ;• did not see anything wrong With Harris that day, ]ac had bad; liquor. A. Kingidepose'tf — Saw Harris in gtansell's hotel between 11 and 12 .*wthe 24th January. Coley asked iiini to 1 have a liquor, Stansell iefused to setVe bin* with any more ; saw one man a good bit on. I Cross-examined by the Constable — Happy He\ was the man who was a good bit oil J be was sitting on the [stairs; saw Con O'JBriea there, he | ytes- pretty right ; was only in the bar flafltfffr 'i know that Harris gives way to drink ', hag squandered his whole estata. H. James deposed — Am barman at Stansell's hotel ; was in bar oa %£tk Harris was in the bar that nitfr^gy I refused him liquor some time. Mare constable isisfcecf me ritot to; that is- why I refused Mtei;- if anyone comes in drunk will giw them "soft stuff " or none at all. Cross-examined by the Constable —-Was in the bar from 10 till 1 ; renifliflfcw seeing you come in about 11 ; I wfl&fal.ffte bar; Stansell was in and out SWtttl times ; I never ■tfoticed him supplying any liquors &a 6 m'orrring;- do Ho* remember seeing* §oWt Staittsell in the bar ; do not rememfoef yottr speaking to anyone ; had no distui'&Sfieewifch Mr Stansell; Happy Jack, coolef nofe say if I served him ; saw Coa O'Brien ; Harris had no liquor to- my knowledge that morning ; saw no one who conld be called helplessly drunk ; " helplessly drunk "is when # man lies down and cannot get up agaifl. . S. Startup de^flsel— Saw Harris day after the races, fae wffff in Stansell's hotel; it was before dinner; was under the impression that he had had something to drink^; cmdidgfed Stansell's hotel well conducted; (faff nothing objectionable on the 24th. Cross-examined by the Constable -=fiar'ris was not drunk on the 24th ; saw him" g^v&sil days prior to the 24th, he was "walking straight* and I supposed, as everybody seemed to, that he was drinking ; was in between 12 and 1 ; fancy bairmau was behind the bar. t R\ Austin deposed -I am Chair* man of the Licensing Committee ; had no complaints made against Stansell's hotel; the tiaose is very well conducted ; have seen Stansell refuse Harris liquor. Cross-examined by the Constable —There was not a word in report to Licensing Committee against Stansell ; do not recollect that there; was a statemant that a charge for permitting drunkenness had been made against Stansell's hotel and woifid be heard at the next Court sitting ; Harris is a man who should not be supplied with liquor^ , By R.M.— I remarked on the 24th that I was surprised to see the house so quiet the day after the 'races' ; ifc was between 2 and 8 o'clock when I was there. , The Magistrate thought it advisable that Harris should, be called, as, from the evidence he thought a prohibition order should be made against him, and it was best he should be examined. The Court adjourned till two o'clock. ; .'. "; ; j{ s : On the Court resuming Constable Gillespie called John Harris, who deposed—For some part of last year, I had nothing to drink up to 'Xmas ; " enjoyed " myself for a. week or two after 'Xmas ; remembered going to Stansell's hotel day after races; .saw Stansell come in and out ; couldn't say whether I had any liquors there that day ; was refused in the after noon ; had cause to 'remember it; Stansell put his hand online ;«had so much cause to remember : it that I have not been in the house since ; cannot remember ever having been previously refused . drink -by . Mr Stansell or his servants. The R.M. said to witness, ;": there appears to have been a prohibition order out against you in 1891?" the witness admitted it. , The R.M. said that evidence for the prosecution is that of the oon« stable, and the evidence' oißfered by the defence does not contradict the evidence given by the constable ; the son, Robert, had not been called, and the servants and. others Were, not clear as to who was serving, in the bar; the evidence as to drunken persons being on the premises is borne out by the defendant's witnesses, more especially as to the state of Happy Jack; the barman himself admitted he noticed it ; he held the drunkeness did take place in the house on that date; it appeared the case had been laid on account of Harris's condition ; it was not clear that he had been served on that day ; the legal argument used,', that he must be satisfied that defendant supplied the liquor to the men who were drunk, appears to be just the contrary, but that the defendant should have proved that he had not supplied the liquor ; the evidence ■ showed that the barman could not say that he did not supply Happy Jack who had been there all the morning and he thought ;it was likely that he was so served; the

hoase had bean well conducted atid Mt* Stanseli 'bore an excellent character, attested to by an Inspector of Police ; it was Mr Stansell's duty to have prevented this drunkeness ; he was prepared to convict but would give the fullest consideration to the character given. The fine would be 20s and 7s costs. The constable asked that the license be endorsed. The R.M. said it was compulsory to endorse the conviction on the license. The R.M. made a prohibition order against John Harris.