ALLEGED SUNDAY TRADING.

New Zealand Herald, Volume XXXIII, Issue 10111, 21 April 1896, Page 3

ALLEGED SUNDAY TRADING.

CASES DISMISSED. At the Police Court yesterday, before Mr. H. W. iNorthcrofb, S.M., David Thompson, licensee of the Rising Sun - Hotel, was charged that he did on April 5 supply one, William McCutcheon, with liquor during prohibited, hours, to wit, between ten p. in. of the 4th, and si* a.m. of the 6th inab. Sergeant Gamble conducted the case for the police, and Mr. Cotter appeared for defendant, and pleaded nob guilty. Sergeant Gamble deposed to going to the Rising Sun Hotel, in Karangahape Road, on Sunday evening, April 5, at about eleven p.m. in company with Constables Flavell and Wainhouse. They entered by a side passage and found the' bar, hall, and barparlour lighted up, c.nd two men, William McCutcheon and Matthew Bennett talking to Constable Russell in the passage. There were two small glasses ot bee;' on the counter in front of tho men, and a long glass empty that had evidently contained beer. The constable endeavoured to withdraw, but witness brought him back. In answer to witness he said lie* had come off duty at ten p.m., and denied having had any liquor. Mr. Thompson, the licensee, was at that timo in the bar. Witness questioned the men about the drinks, and McCutcheon said that he paid for them and that he was a traveller. Witness got the names of the two men, and McCutcheon first said ho was a farmer from the Waikato, then that he carao from Onehunga, and then slated that ho came from the sugar works. Constablo Russell, in answer to a question from witness, stated he did not know either McCutcheon or Bennett.

William McCutcheon described himself as a farmer, living at Whatawhata. He said lie went to the Rising Sun Hotel on the sth, in company with his half-brother, Constable Russell. Ho had a drink with Mr. Bennett. No one paid for them. Witness was certain ho did not say to Sergeant Gamble he had paid for them, and did not hear Constable Russell deny knowing Bennett and witness himself. Witness arrived from the Waikato the previous night, slept at his half-brother's, and went to Chelsea on Sunday morning. He considered he was a traveller. To Mr. Cotter: Witness said he intended stopping at his half-brother's that night, but was unable to do so. He and his half-brother went to tho Naval and Family Hotel to get a bed for witness, bub being unsuccessful they went along to the Rising Sun, where a bed was secured, Bennett was there also, and the licensee said shortly after their arrival," Well, I'm off to bed; will you have a drink ?" They accepted hie invitation, and that was how they got the drinks. No one paid for them ; they wero a gift from the licensee.

Matthew P.onnutt, stated that lie went to Rising Sun to see Mr. Thompson about an estimate that was required for repair? to the place. He heard Constable Russell and lMcCutclioon come in and Mio former asked about a bed for the latter. Witness gave the same account of the drinks as the former witness. To Mr. Cotter: Bennett replied that the reason of the bar being lit was that Mr. Thompson was showing witness the state it was in and suggested that it should be repaired. Constables Fluvell and Wainhou?o were called and corroborated Sergeant Gamble's evidenco.

Mr. Cotter submitted that there was no ca.;e to answer. His Worship said he would like to hear the licensee's ovidence. David Thompson, licensee of the Rising Sun Hotel, was examined, and supported the statements of both Bennett and MeGutcheori. Before going to bed he invited tliein to have a drink. It was his usual custom. There were three other charges on the sheet against defendant of having supplied beer on the same date to Matthew Bennett, George Robinson, and John Robinson. Mr. Aorthcroft asked Sergeant Gamble what he was going to do about them, and said it would be useless to proceed if the defence was the same as in the first. Mr. Cotter said one of the Robinsons had come from Moant Roskill, and had gone to the hotel that night to get a bed, while his namesake had merely taken him there becauso ho knew Mr. Thompson. In giving judgment, His Worship said there were the "worn statements of t he men that they did not purchase the liquor, and no matter what they said before thry trot into the witness-box, he was bound to take their evidence on oath. As to the question of "treating," Sergeant Gamble should bring that before the Licensing Bench. He commented severely on Constable Russell's presence in the hotel on the night in question. The cases were dismissed.