THE LICENSING LAW.

New Zealand Herald, Volume XLVI, Issue 14142, 18 August 1909, Page 8

THE LICENSING LAW.

CHARGE AGAINST HOTEL-

KEEPER.

A PECULIAR CASE.

The charge against James Sidney Palmer, licensee of the Edinburgh Castle Hotel, Symonds-strcet, of allowing drunkenness on his premises,: which had occupied the whole of the previous afternoon, was continued yesterday afternoon before Mr. C. C. Kettle, S.iu. Sub-Inspector Hendrey prosecuted, and Mr. F. Earl appeared for the defendant.

Laurence Carroll, police sergeant, remembered Harris being brought to the Eden Terrace police station on July 5 last by Constable Mackay, who was carrying him up the steps. Harris was very drunk, and couldn't stand at all, and witness put him on a chair between the table and the wall. No reasonable man would have any difficulty in seeing the man's condition. Harris was about half an hour in the Eden Terrace station before he was taken away. Witness remembered going with Constable Mackay to the Edinburgh Castle Hotel. The barman informed him that Harris had come along at 6.15 p.m., had had one glass of beer, and then gone away perfectly sober. Another omployee, Miss Mowlem, had informed witness that she was in the bar at the time Harris was suppoeed to be there, but she had not noticed him. From the time witness rang up for the cab till the time it arrived there was an interval of 25 minutes. It would take the cab about a quarter of an hour to get from Eden Terrace to the city police station. It would bo about 8.45 when witness got to the hotel. Judging by v appearances, this would have been the first intimation the proprietor and barman had had of the man's arrest. Witness corroborated much of Constable. Mackay's evidence. The hotel people had named a man they stated they had ejected from the hotel for drunkenness during the evening, but that man was not Harris.

Constable G. H. Lambert, one of the watch-housekeepers at the city police station, deposed he was on duty when Harris was brought to the city station on July 5, and ho entered up the charge. The man arrived at the station at 8.20 p.m. This time was entered tip in the watchhouse book on the night in question. The time of arrest was entered up at 7.35 p.m. Harris was drunk when brought to the station. Witness could tell so by his staggering gait, his tonsal intonation, and his general appearance. ' He was certainly not capable of looking after himself, He made no complaint whatever at any time to witness as to his arrest.

This closed the case for the prosecution.

Mr. Earl quoted judicial authority to prove that no prima facie case had been made out. In order to prove an offence of permitting drunkenness on licensed premises the fact that a man was drunk was not alone sufficient, but that the proprietor or his servants were also aware of it. Mr. Earl admitted that the police evidence clearly proved that the man was drunk, but that was not the point. His client was anxious for the case to proceed, not only to escape a conviction, but to prove to the Bench that he or his servants had not been guilty of wilful misconduct. Mr. Earl then sketched the case for the defence to show the innocence of the proprietor and his servants in the matter. James Sidney Palmer, the defendant, said his instructions to his staff were very clear not to serve anyone with liquor who was in a state of drunkenness. He had notices to that effect stuck up in hie bars. Mr. Kettle: Oh, I assume all that. Continuing, witness slid ho had four barmen and a general hand. From eight till 10 on the night of July 5 there were three men behind the bar. At 6.15 Taggart went on duty and Miss Mowlem went on to relieve Gibson. At 6.40 Taggart and Gibson were on. On the night in question witness had been about the premises from 6.15 till closing time, and he frequently visited the bar.- This was hie regular practice. He was not quite sure whether he had seen Harris that night. He had a recollection that he saw Harris in the bar with either one or two others, but he could not swear to it. He had not observed Harris or any other man in a state of intoxication. Taggart had been in his employ a little over 18 months, and thoroughly understood his duties and responsibilities. Witness considered him a thoroughly conscientious man- Witness had seen him more than once eject drunken persons. He had had Gibson for IB months, and he was as competent as Taggart. Barrett went on duty at eight o'clock. Miss Mowlem's duties were general. She was not a barmaid, only occasionally relieving the barmen. She had been with him four years, and was very reliable. The first he had heard of Harris' arrest was at seven o'clock, when he was informed of it by Sergeant Carroll. It was as much a mystery on that evening as it was now where Harris was between 6.40 and 7.35. Constable Mackay said to witness on the night in question, It is a funny thing, but when I took the man to tho station and put him on a chair, he could speak as soberly as you or I. I had to arrest him, because there were some people at the corner who were watching him."

The caee at this stage was adjourned till 10 o'clock this morning.

A LICENSEE FINED. [BY TELEGRAM.TRESS ASSOCIATION.] ' , Wellington, Tuesday. On the charge brought by the police against John Shelley, licensee of the Foresters' Arms Hotel, of permitting drunkenness on his premises on July 30, judgment was delivered by Mr. W. G. Riddell, S.M., this morning. The magistrate quoted Mr. Justice Williams, to the effect that if it was the duty of a licensee or his agent to put a drunken man off his licensed premises, merely tell him to leave was not a performance of that duty. Defendant was convicted and fined. £6, with costs 7s.