A LICENSING CASE.

New Zealand Herald, Volume XXXIX, Issue 12000, 24 June 1902, Page 3

A LICENSING CASE.

APPEAL TO THE SUPREME COURT. His Honor Mr. Justice Conolly, sitting in the Supreme Court yesterday afternoon, heard an appeal by F. G. Raynes, licensee of the Ponsonby Club Hotel, against the decision of Mr. H. W. Brabant, S.M., in a case brought against Raynes, which resulted in a conviction for selling liquor to a. person in a state of intoxication. Mr. H*. Campbell appeared in support of the appeal, and the lion. J. A. Tole appeared for the Crown.

Mr. Tole opened the case by reviewing the facts as brought, out in the lower Court, and proceeded to call evidence, stating that the appeal was on the facts, and that what His Honor would have to decide was whether the woman who was served with liquor was in a state of intoxication or net.

Constable Dunn, spoke to seeing a woman named Benjamin wheeling a perambulator in the direction of the Ponsonby Club Hotel on April 21 last. She was unsteady. Witness and ex-Constable Bullen followed her and saw her enter the hotel. About two minutes later witness entered the hotel and saw Mrs. Benjamin with a. glass of whisky and soda in front of her. Raynes was in the room, and witness said, "Surely, Mr. Raynes, you have not served that woman with liquor." He said, "Yes; what is wrong with her?" Witness stated that she was drunk, and Ray replied that he did not know, and that lie had known her a Jong time, but had never seen her in that state before. Witness subsequently arrested the woman on a oharce of drunkenness, and she pleaded guilty in the Court the following morning. Witness was cross-examined at considerable length by Mr. Campbell as to the woman's condition. He maintained she was drunk before she went into the hotel, and on being asked why he did not arrest her then instead of after she came out, he said he would have been very pleased if she had been going home, but after she went to the Pousonby Club Hotel he came to the conclusion that she was determined to have more drink, and arrested her. She protested all the time that she was not drunk. Immediately after the arrest a man named William Adams came to the Ponsonby lockup and protested against the arrest, stating that, the woman was not drunk. It was not the case that Adams was told to go away or lie would be arrested also. Constable Brown told liiui to go away, and (hat if he had any protest to make to appear at Court next morning.

Edward S. Bullen, an ex-constable, said lie saw Mrs. Benjamin before she entered the hotel. She was then drunk. When he entered the hotel with Constable Dunn he told the licensee that lie would not have served the woman, as she was drunk. The licensee said he was sorry, but that be did not know the woman was drunk. Raynes then gave the woman a florin.

Tn cross-examination, witness said he bad no doubt the woman wa.s drunk. Raynes did not say that she was not drunk. * When Constable Dunn drew his attention to tha woman she was staggering; that might h'*vo been due to some other cause than drink.

Constable Brown said Mrs. Benjamin wan drunk when she was brought to the Ponsonby lockup. He liad no doubt about it. She protested that she was not drunk, but that was quite usual. She was about an hour and a-half in the cell, and was then taken to the city police station. Constable Maoarthy said Mrs. Benjamin was drunk when brought to the city watchhouse. She said she was not drunk, and that a mistake had 'been made in arresting her. She did not say she was ill, or witness would have reported it to the sergeant. She showed no signs of illness. She had a smell of liquor. Mrs. Maodonneli, matron at the watchhouse, stated that she saw Mrs. Benjamin in a cell during the day, and at that time she had a smell of spirits. She looked quite muddled, as though she had been taking drink.

This closed the case for the police, and the further hearing of the case was adjourned till to-day.