PALMERSTON

Manawatu Times, Volume II, Issue 101, 6 October 1877, Page 3

PALMERSTON

Thubsday, Oct 4th. '<-• (Before E. Ward, Esq.,R.M:;Dr i ßoct6fcro\r; A J.P.3 T. Monrad Esq.,. J;P.*) •_ George' Roe was charged with serv ving a bottle of brandy to an intoxir cated man, viz., Sven Olsen, lately deceased.^ : A-- ■•-.": Martin Bausen, deposed : I remember, the 13th September last. I was ac^ quamted witil Sven Olsen, 1 since de^ ceased, i 'l was m his' company On the fh September,- from about 10 o'clock half -past; 6 m the evening.; Had two drinks of colonial beer. with him m ' tha Palmerston Hotel at about a quarter past 10. I had ho drinks .with' any 'one else. Olsen" accompanied me home: where I remained- during the remainder of the day. We had*: no drinks'' m the morning previous to going to the Hotel. After arriving at my : house Olsen went for a bottle pi 4 brandy. Am hot sure ■where he got itA He returned at 3 m ; the aft&Eßggri vrith .a bottle oi brandy. I dont finows}how ; many drinks Olsen had from the He had more than tjro drinks. We did hot qtiite finish the bottle. Olsen left'my house at half past 6 .to see M. Neikon. "^He was then neither drunk nor sober. He was ■". tipsy. ;"; -A little more^would have made him drunk. I cannot tell whether Olsen- had more to drink that eveningA I w;as nbt'withhim. .r ■>-.-' v. * By Mr Barnicoat: I was not- with Olsen all day. Olsen staid at my house the previous- night. He took .. nothing 'that day to: my knowledge before the two glasses of beer* I am sure he was not the worse for .the ' beer. Charlie, the barman supplied the beer, - Olsen left ray' house about ■; o'clock for the brandy and returned m about a quarter of ah hoiir. He had: one or two drinks of brandy m my house before 8 o'clock^ Between- the time we hadrthe.. beer m. the morning and the time that Olsen went v for the bottle of brahdyi 3 o'clock, he had nothing to' drink. Olsen was sbber when he went for the brandy and was SK>ber when he returned with- it. JEhle, Olsen, and I .nearly finished the bottle of. brandy. I can't -tell; who drank most. We were sitting and talking and drinlt' ifflg^tißv half past ft. He isegaii to get 'tipsy when; h& staafced to- drkfc the

brandy. I did not see him after be rode away at half past 6. By the Police : I do not recollect swearing at the Coroner's . inquest that Olsen was not sober when he left my house for the brandy. By the Court:.- We left the hotel at All o'clock and Went to my house where , we had' a glass of brandy. At; half past 11 we went to Thle's to invite him to my hoii's^. He returned with us about 12 o'clock. There was i or a | bottle of b'. ; andy at my house when Ible came. It took us .about 3 hours to drink the brandy. I may have said m reply to the foreman at the A' inquest that I did not drink with Olsen while we were m town together^ not understanding the question. Olsen JetycTl had 1 or 2 glasses of brUndy~before going to the Hotel ; we had "2. glasses of beer at ihe Hotel, and;-! think We - had 4r or 5 -glasses; each- . between 12 and 3. Olsen then wen t-'for another bottle of brandy. j ; Andfe*as Hile deposed : I am a contractor and reside near Palmerston. I remember being m company with Sven Olsen on the 13th September. At 12 o'clock he came to my place with Bausen v and invited me to Bausen's to drink. Neither of', them appeared to have been drinking. There was -g or fof a bottle of brandy at Bausen's when we reached there. I think I had the most. I had 3 drinks. lam sure Olsen had 2. He was sensibly sober when he left Bausen's house for the brandy $ ,he rode "away slowly. By Mr Barnicoat* 1 have seen Olsen drunk; he was very wild when drunk. We finished the brandy at 3 o'clock. 1 bet. Olsen 10s that he could not get a, bottle of brandy on credit at the Palmerston Hotel. By the Court. I think a man might drink '10* or 12 glasses and' still be sober. I could walk a chalked line after drinking 10 glasses. Olsen did not appear to be affected by the drink he had taken before 3 o'clock. Gulbrand Hanson deposed : I am a laborer living 2 miles from Palmerston. I sayr Olsen at 3 o'clock on the 13th September. He was riding from Bausen's place. He' did not appear to have . been drinking. He told me that he had bet a pound with Hile that he could get a. bottle of brandy on credit at the Palmerston Hotel.. % I saw him go into the Hotel and leave .' it again 10 or 15 minutes afterwards. I saw that he went m the direction of Bausen's. I have known him for some years ; he used to be addicted to -drink. By Mr' Barhicoat: Olsen was a rough fellow when m liquor : he would shout and sing and ride as fast as the horse could go. I saw no sign of drink on him when; life talked to me just before going into the ;Kotel. , Charles Albfert "Osberg deposed: I have* been barman m the Palmerston hotel. That w t as my occupation on the i 13th September last. I know Olsen and saw him en that day, I think about 9 orlO o'clock m the morning I saw him first. He; came to the hotel and asked for a feed for his horse. He had a glass "of porter. He went away and returned . about 11- o'clock m company with Bausen . They had a drink each. I think Olsen had porter again. Dont know what Bausen took: Dont think they had more than the one drink. Th ey took no drink atvay with them. I think they stayed about 20 minutes. Olsen returned about 3 6r 4 o'clock. He had nothing . to drinkr He. said Ihle had bet him he could not get a bottle of brandy on credit. I said no, you cannot, but afterwards said he might have iti but to mind that he paid or he would be cheating mcv He put the bottle ofbrandy m bis. rpocket. He afterwards came m with Martin Andersen. Olsen •hadj I think, a large glass of porter. I am sure he had no more drinks from the bar after that. He went, away and did not return again. I had strict orders hot to serve aiiy ;■. man the worse for 'liquor.. I entered the.bottle of brandy to Olsen m a little book I used to keep. It has not been paid for. '■> 'By Mr Barnicoat : Olsen had two drinks ; m . the '-. morning and one lin -the.: afternoon. ; T ; have been m • charge ■'.- oi .Mv : > Roe's bar between 5 and 6 months. I.redeived instructions i from, --'.'Mr Roe not to supply drunken people and hot. to trust anyone: Mr Roe gavje,me those instructions every I time he went away. Olsen showed me some likenesses when: he came into the bar A He talked a,she;usuall/ talked. ■.'.: Mr Barnicoat reviewed .the . evidence at some length,' contending that there was no case against luYcUenty and that , even the evidence; for the proseout'ion went show that his client #as not m the habit of supplying drink to persons m a state of intoxication. He had' also repeatedly issued, instructions to his barman not to^do.-so; The evidence given, by, Hanson,- who was a perfectly independent vritnessyclearlyproved that Olsen did not appear : to *be intoxicated when ho Applied; for' the bottle of brandy. .He would, submit -to. the Bench that the f case ? should be dismissed jwithout going mtb the evidence for the defence. After afewririnutes' deliberation,- His Worship said-^'Tt appeals to.the^Gourt that between early m. the mprnihg and 3 o'clock m vthe^, afternoon- a. icon-; siderable quantity of liquor had been consumed; by Oliseh.- The Court is unanimously of opinion,' however, that to commit a' hotel ■keeper the person supplied must indicate that he is m a state of intoxication. The Gourtf does not thiufc that jO-lsen, showed that,- and therefore dismisses the .charge.'' \ -- ■""; Heni v.Pete. -.-',; A ". This wa^; a: case •of assault,- arising out of a domestic. squabble. r Plaintiff deposed that defendant came home late op the 21st Septembe r | picked a quarrel with her,-, caught hold of. her hajr, '-and otherwise beat and illus'ed her. Defendant i at first ; pleaded not guilty j but r*£ter wards 'admitted the assault,

stating that he was intoxicated at the ; time. j His Worship m giving judgment told defendant that he had committed a ; grave offence. It was very cowardly of i him to strike his wife m the way he had i done. As one of the leading chiefs ir -he \ district it wasexpected that hewouic! set j a gurd example. TntosiiH'ion no excuse io plead for a breach of the laws. The Court would infiici a- penal iy of . £3 and. costs, or" m defoiilj?- 14 days iin- . prisonment with hard labor. i