REFUSING TO QUIT LICENSED PREMISES.

Northern Advocate, 22 September 1910, Page 3

REFUSING TO QUIT LICENSED PREMISES.

W. W. Sutherland (Mr Killen) was charged on the information of C. 'J. Gibson (Mr Steadman) with refusing to quit licensed premises Avhen requested to do so; also Avith assault by striking the informant Avith his fist. The defendant pleaded not guilty.

The informant, the licensee of the Settlers' Hotel, said that o« the 22r,d of August last, in the evening, tie defendant and a man called Dennism were wrestling in the hotel. Witness ordered them out, and Dennison quietly left, but defendant refused to and when witness again told Sutherland to go he turned round and struck him.

By Mr Killen: Besides the defendant and Dennison, witness' daughter was present. The young men caused a disturbance and witness tried to lead Sutherland out by the coat. \ Witness did not violently seize defendant as he was going out. Both men wyre sober, as sober as Mr Killen then was. Asked if it was a common thing for young men to wrestle in the hotel witness said no, and asked Mr Killen if he thought an hotel was a menagerie or a circus.

The defendant, a cook, said that on the night of the supposed disturbance witness with three others, went into the hotel. They had three or four drinks and then Gibson came and told witness that he had better go out. Fe told his companions, who said that they were making as much noise ?s he. Witness did not refuse to leave, nor did he strike Gibson, merely shaking him off. Gibson caught witness by the collar and the arm with both hands. This was in the passage as witness was leaving. Only a few seconds elapsed between the time when witness was ordered out and when he left. Nothing unusual had been going on in the bar of the hotel before witness was ordered to leave. Under cross-examination defendant admitted that he had been convicted for fighting in the street.

George Dennison said he was Sutherland in the hotel on the night named in the information, and saw no disturbance. Sutherland did not tell witness that he had been ordered to leave. Witness had not been Ordered to leave by Gibson nor did he leave the hotel, though he left the bar and went into the passage.

Jack Sutherland said his brother left the hotel willingly and immediately when ordered to do so by Gibs m. Witness averred that no actual disturbance had been created. They had been having a couple of drinks. When Gibson came and ordered them out. Witness and Dennison left immediately, and the accused while on his way out was grabbed by Gibson, who attempted to push him out. The defendant said "Leave me alone," and shook

Gibson off. It was not true that defendant and Dennison Avere Avrestling, and there Avas no skylarking. Gibson pointed to defendant and said "Go out" but mentioned no names.

Florence Gibson, daughter of the informant, said she remembered the night of the disturbance. Her evidence Avas along the lines given by the informant. Defendant, his brother, and Dennison were in the bar arg.iing. They had had sufficient to drink, and Avere noisy. The noise they made Avas disturbing, and Avitness could not hear what was said to her by others. A plate was broken before the mm were ordered out. It Avas not customary in her father's hotel to supply customers Avith drink till they w<':'e intoxicated and then push them out into the streets.

The information was dismissed, Avithout costs, the Magistrate being of the opinion that Mr Gibson had had a certain amount of reason to complain.