Supplying, Selling Beer Charges Dismissed

Northern Advocate, 23 August 1943, Page 4

Supplying, Selling Beer Charges Dismissed

An unusual change, that of selling' liquor to a person already in a state ol intoxication, was brought against Ernest George Hartridge, licensee of the Commercial Hotel. Whangarei. in the Whangarei Court today. Hedley James Hirst, a barman, was charged with supplying liquor to a person already iri a state of intoxication. Appearing for both men, Mr. D. Ross pleaded not guilty. At the request of Senior-Sergeant A. Henderson, who said that, if it were found there was no ease against the barman, there could not be one against the licensee, the charge against Hirst was taken first.

Disturbance in Yard Evidence was given by Sergeant R. E. McGettigan that at (i. 5 p.m. he bad been on duty outside the hotel with Constable W. H. Davis. He had heard a disturbance, apparently in the backyard, and had investigated, finding a Maori soldier and two civilians, the licensee, Hirst, who was lying on the ground and bleeding from a wound on the head, and another barman. One of the civilians, the person concerned in the present charges, also had been arrested and had been convicted on a charge of drunkenness the following morning. When lie had gone through the bar just before 6 o’clock Hirst had been serving, but the civilian was not there. Cor roboralive evidence was given by Constable W. H. Davis, who tolcl Mr. Ross that the civilian had been arrested in Bank Street, where lie had been making a nuisance of himself, and not in the hotel yard. Held Up by Licensee Re-examined by Senior-Sergeant Henderson, he said he could not have arrested both the soldier and the civilian at the same time. Questioned by the magistrate, 'Constable Davis said that he had not himself formed the intention of arresting the civilian in the yard. It was owing to his conduct afterwards that he had been arrested. To Senior-Sergeant Henderson he said that at first the licensee had been holding up the civilian and he had then been attending to Hirst. The man had been drunk at the time. When interviewed in the Whangarei Hospital, said Constable F. A. Davis, Hirst had made a statement in which he said that a number of Maoris had gone into the bar just before (i o’clock and, while the bell was ringing, had ordered six handles of beer. Should Net: Have Served Hartridge had come into the bar and told him he should not have served men under the influence of liquor. They had been asked to leave and a disturbance had ensued. Mr. Ross submitted that an offence by Hirst had not been "established as the police had to prove that the man concerned had been intoxicated at the time of being supplied. No evidence had been produced that the man had had any liquor at all be I ore being served in tire bar just before G o’clock. The magistrate upheld this view and dismissed the charge. No evidence was offered by the police in the charge against Hartridge and it was dismissed.