THE AFTERMATH

NZ Truth, Issue 80, 29 December 1906, Page 6

THE AFTERMATH

Of a Shocking Tragedy.

The aftermath of that •Christchurch motor accident by which Geo. Tancred de Montalk lost his life. The chauffeur, William Thomas Felton, has been committed fot trial for manslaughter, and is out on bail. It will be remembered that a number of younfi fellows took a fly round the •country at a late hour, and ran into the Riccarton night cart, the motor-car, driven by Felton, being on the wrong side bf the road. As al. result of the evidence given at the inquest on de Montalk, Robert Thomas Day, ■ hotelkeeper at Prebbieton, pleaded guilty to supplying liquor after hours. The motor party had called there and heen supplied. Mr Donnelly urged that the license t>f defendant be not endorsed as there Were extenuating circumstances. The party had called at the hotel late, represented that they had a broken .chain and a couple of punctures, aM were almost frozen with cold so he .let them m, and they, induced Day to give them 'liquor. The S.M. here interpolated that if a, licensee would ajlow men to persuade him to give them drink illicitly he. wasn't, fit to hold a license. It was the young men who should be protected as they had all their lives before them. Also, there could be no extenuating circumstances, except m the case. of sickness or m the saving of life. In further argument as to why the license shouldn't be endorsed counsel alluded to the wide discretion allowed the magistrate by the Act. In regard to this the S.M. said that he thought this way : When a licensee committed n. breach of the Act himself, well knowing the penalty, the license should be endorsed. If however, a servant broke the law without the licensee's authority, then the magistrate would consider all the circumstances, and decide whether he should exercise his discretion not to endorse the license. In the present case he would endorse,,, but "would inflict no fine ; but costs must he paid.

That unfortunate motor party also Sad swankey at the Junction Hotel. Halswell. and as that information was good enough on whioh to lay an information Patrick Costin, proprietor of the pubhery, was also proceeded against on a similar charre. The circumstances were of a peculiar and exceptional character, according to Lawyer Russell. The motof party had been at the hotel at 9.30 and saM they were goinis to town and

might come back.". Costin implored them not to as his wife was dying and he wanted peace and quietness. But they returned after hours and knocked heavily at the door, and Costin. who was attending his dying wife, thought it would be best to go down and let them m and. get them off the premises as quickly as possible. The deceased Montalk demanded liquor and' refreshments and each of the party were supplied with a couple of shandies and biscuits and cheese. They observed silence while inside and on going out Costin had acted as he had done for the sake of his wife, for repeated hammerings on the door would have had a prejudicial effect on her. A clergyman had been there and administered the last sacraments of >the Catholic. Church td the woman. .Mr Russell asked the' bench not to endorse the license. Costin had put the whole of his savings into the hotel , and if an endorsement was made he would be turned out m a week !or two penniless ; he was a : man m feeble health and would be unable to tackle any hard work., He bore an irreproachable character as a hotelkeeper : he had been at Porirua (Wellington, and elsewhere, and at one time was a sergeant of police. Courisel did not think a man should be fined hundreds of pounds for a mere breach of the law committed under such circum-. stances. The penalty chould be in' nropoitjpn to the crime. After the 'defendant, _ and a clergyman had testified. Magistrate Day said there, weire extenuating circumstances, and be would not endorse, but a fine of £10 and costs would be inflicted.