SEQUEL TO A CHRISTMAS DINNER

New Zealand Herald, Volume XLII, Issue 12775, 27 January 1905, Page 7

SEQUEL TO A CHRISTMAS DINNER

.0. '.INTERESTING LICENSING CASE AT WAIHI. : THE CHARGE DISMISSED." ": [BT TP.LEGRA.rH.—OWX CORIIKSI'OXDEXT.] ■■':'■■'" Waihi, Thursday. A CASS undei the new Licensing Act, which ■has excited considerable interest in Waihi, Nj.'cfune on for hearing at the .Magistrate's Court after the tea adjournment last night, when Harold Lewis and Richard! Sptatt were charged with being found on the Central Hotel premises on Christmas Day, '.'.'!■!"■!; being a time when the premises were required to be closed. The Court was ■ crowded. • Sergeant Shechan, in opening the ease, said tout on. the day "in question, jiuc before one o'clock, he saw the two defendants, with another gentleman, Mr. Frank Barber, V who is a boarder at the- Central Hotel, enter the hotel by the front doorway on" the main ' street. He considered they entered quickly, ■. : as; if they did not wish to be seen, lie lot- ■ lowed them in shortly afterwards, but could see nothing of them. He inquired of the ; stn of the licensee, but was told that as far as he knew no one had entered the hotel. \ The sergeant did not believe this, and went upstairs. -He. then proceeded to search the bedrooms, and finally found the three lie : was looking for in a bedroom smoking cigarettes. Mr. Barber told him that the defendants had come down at his invitation. ~ to have Christmas dinner with him, and this was corroborated by Mr. Spratt. He, r . however, <H3 not beiievo these statements. .One of the defendants resided* at the- Waihi ",Hotel, and .the other at a bachelor's establishment. They could have had .'dinner., at home. ' __ Mr. Win. Jackson, who appeared for the defence, in opening the-canc, said -.the , defence, shortly, was that the defendants were in the bote! for the purpose of having their Christmas dinner with Mr. Barber, who was a boarder, ami for no other purpose. If this was so, and it would be proved wiithout doubt that it was so, then there had-been no contravention of the law. • Mr. Jackson..submitted that to bring a person within the meaning' of the section under which the- charge was laid the circumstances must be such as to lead the Court to infer that he was there for the purpose of breaking the law. or practically that he had conic ]iV to get drink. As to the facts,, it would •'.be shown that Mr. Sprat! had gone to Mr. Lewis' residence on the morning of Christmas Day to sew him. Mr. Lewis w:'S alone, • the housekeeper and the other boarders being away foi the holidays. As the dinner hour approached Mr. Spra.t suggested that -. they-should so to the Waihi Hotel, where ,he lived, and try and get some dinner. On the way to the* hotel they met Mr. Frank Barber, who invited (hem to have- dinner with him at the Central. This invitation was accepted. The defendants and Mr. Barber would all swear positively that their only, purpose in going-into the Hotel was'to get dinner, that there was. no intention of getting a drink, and that not one word had been said about setting a drink. As to being found upstairs in a bedroom, the defendant's had simply s»oi up at Mr. Barber's' invitation to 'the bedroom to wash their hands before dinner, The parties concerned were all particularly well known and respected citizens of Waihi. Mr. Barber being head clerk in Hie Waihi Company's ■■' ■:■■■■ office. The evidence given bore out the opening statement by counsel. The Warden, "in giving judgment, said that , V nril there were some Supreme Court decisions on". the section their- would be. a doubt as to the tiroper construction' to be ' placed upon it. Ho. however, would take what ho considered to Ik; the common-sense-:r meaning and dismiss the ease*.