WANGANUI.

New Zealand Times, Volume LXXI, Issue 4396, 29 June 1901, Page 2

WANGANUI.

THE LICENSING APPEAL CASE. THE APPEAL UPHELD. (By Telegraph.—Own Correspondent.) Friday, 5.35 p.m. At the annual meeting of the Wanganui Acclimatisation Society a circular letter was read from the Government, intimating that it had under consideration the advisability of importing- game animals and birds on a somewhat larger scale than hitherto, add would be glad of the advice, assistance and co-opera-tion of acclimatisation societies in the colony. The species of game were enumerated, and it was stated that most of the animals were mountain or bush feeding, and would not likely become a nuisance. After discussion it was decided to reply that the society considered the North Island was too closely settled for the successful introduction of the animals mentioned, excepting at the base of the mountains, in the public parks belonging to the Government. The society suggested that snipe might be introduced from Tasmania, and offered to contribute £lO for that purpose, and a similar amount for the introduction of prairie hen, provided the Government assisted, and that a portion of those obtained be liberated in this district. Mr James Steedm.an, an old resident, died at the local hospital yesterday. Mr A. F. Turner, who has been for three years pastor to the Church of Christ, in Wanganui, was tendered a farewell "social” last evening, prior to his departure for the South Island.

Judgment was given to-day in the Faber licensing appeal case, Mr Justice Edwards, in delivering judgment, said it was an appeal under the provisions of the Justices of the Teace Act, against a decision of Mr Eyr e Kenny, S.M. On the hearing of the appeal a number of witnesses were examined, who did not give evidence in the Lower Court, and his decision might be based on facts that were not presented to the Magistrate. He reviewed the evidence at considerable length, and stated that he placed implicit credence on Mr James’s statement. Indeed, he could not se® how that gentleman could come to any other conclusion than that Smith was drunk. The latter, however, was by no means so drunk as he seemed. His staggering was due in part to the condition of MoKnight, who admitted that he was drunk. Smith held a restive horse for a cabdriver immediately he left the hotel, and got into the cab without difficulty. There was no reason to doubt the veracity of the three witnesses who testified to this. Though there was little doubt that_ Smith was to some extent under the influence of intoxicating liquor, he was not in such a state as to warrant a licensee refusing to supply him. If appellant had believed Smith to be drunk ho wbuld have been foolish to have taken him into his office and given him champagne. There was no evidence to show that intoxicating liquor had been supplied to Smith after Wilson saw him, although he was far from satisfied that Smith was not supplied. His Honor , quoting authorities, gaid it could not be called permitting drunkenness if drunken persons were allowed to remain on licensed premises, so as to let them recover. He did not think the Legislature intended that if, say, a lodger went out to dinner and came back the worse of liquor, it would be incumbent upon the innkeeper to put the lodger into the street. He did not think such a construction should he placed on the statute He was far from satisfied with all the details, but he could not convict upon suspicion. Though it was not incumbent upon appellant to turn Smith out of the bar, still, allowing him to remain there, if not an offence against the statute, was an offence against public decency. Though the prosecution had failed, it had been properlv instituted. The appeal would be upheld without costs. The Rev H. R- 'Dewsbury was entertained at a welcome “social _ by ‘ the Wesleyans of Aramoho last night.