KHYBER PASS FATALITY.

New Zealand Herald, Volume XLIX, Issue 15169, 7 December 1912, Page 5

KHYBER PASS FATALITY.

CHARGE AGAINST LICENSEE.

Hearing was resumed before Mr. E. 0. Cutten, S.M., at the Police Court yesterday of the case in which David Rodgers, licensee of the Captain Cook Hotel, Khyber Pass, is charged with having, on October 26, served liquor to John Ballard when the latter -was intoxicated. Shortly after leaving the hotel at closing time on the date in question, Ballard was killed by a tram car. Alexander L. Shore, a blind man, said that he was in the Captain Cook Hotel at about nine p.m. on the. day of the fatality. Witness and another blind man had a drink with Ballard, who was served with soda water. From the behaviour- and speech of the deceased, witness would consider that ho was sober. John Hally stated that he had passed through" the bar on two occasions during the evening, and each time tho deceased seemed perfectly sober. In tho course of her evidence, May Rodgers, wife of the defendant, stated that on the date of the fatality, she saw Ballard at about five p.m. He was then quite sober. At about eight p.m., she saw him in the bar, but all he had to drink was soda water. Between nine p ; m. and ten p.m., witness again saw Ballard in the bar in the company of the blind •men. They were served by Mr. Rodgers, Ballard being banded a soda water. Noliquor of any kind was served to Ballard afterwards that night. . Evidence as to Ballard having been forcibly ejected was given by Lawrence Collins and Edwwd Thomas Dore. In Dore's opinion, Ballard was sober at the time.; ~' "., At this stage of the proceedings the case was further adjourned until this morning. ■' '