PROSECUTION UNDER THE LICENSING ACT.

Oamaru Mail, Volume XXVI, Issue 8227, 14 September 1901, Page 4

PROSECUTION UNDER THE LICENSING ACT.

Following is our report- of the remainder of the hearing, in the Magistrate's Court, yesterday, of the charges preferred by the" police against Harold Herbert Eaton, licensee of tie Weston Hotel, of allowing drunkenness on his premises on the 15th August last, and further of serving Daniel Rogers, when in an. intoxicated condition, -with liquor. : Mr Lee concluded his opening for (the defence by reminding tie.Bench that a prosecution under .the Licensing Act was a very serious matter to a publican. He then called

Harold Herbert Eaton, licensee of the Weston Hotel, who deposed that when Rogers arrived on the evening of the 13th he was a bit drunk. After Tie assaulted witness and broke a lamp, witness sent for tie police. Tie following morning, at about 10 o'clock, Rogers came to tie hotel, perfectly sober, and offered witness £2O to withdraw tie case. Rogers stayed aTound all tie. 14th, 'but was perfectly sober. Rogers and M'Murtrie slept there that night. Witness did not get up at 4 o'clock on the morning of the. 15th and serve them with drink. Witness did not know they were up even ; he saw them first at about 7 o'clock downstairs. Witnessgot up between 6 and 7. ,He would swear he had never got up at 4 o'clock in tia morning since he had been in the • hotel. On tie 15th witness went to Oamaru by the 10 a.m. train to try and arrange the withdrawal of the charge of assault- against Rogers, as requested by tie latter. Witness got iome at about 3 p.m. Whilst he was away Mrs Eaton was in the bar. On his return witness took charge of tie bar. When witness on his return told Rogers he could not withdraw the case, the hitter swore at- him and said he had not tried. Rogers seemed wild, but was sober. He was quiet after all the afternoon and expressed sorrow for what had happened. Rogers got no drink from witness that afternoon till about 6 o'clock, tea-time. A laborer called Temple was in the hotel -at the time. When witness poured out the whiskey asked for by Rogers at 6 o'clock the latter looked at it and threw it out of tie door. He did not seem to be annoyed, but- walked out of the 'bar ■into the back sitting Toom. A minute later witness went into the room with a heated lamp. Rogers struck at- witness, who sans out to ll'Murt-rie ~to take tlie lamp. Witness sent . for the police and never served Rogers with a drink from thattime till the police came out. When witness returned :from the telephone office Rogers was in the stable, and did; not ap-

pear to be drunk. He had .no liquor afc ; witness' house to make him drunk. Rogers asked witness for a corkscrew on. the,l3tn. i Witness did not give tie two men a bottie of-whiskey on the 15th. They got a bottle c: whiskey on the night of the 16th. when Koners and il'ilurcrie went home in witness' trap. To Sergeant King : Witness gave Rogers ■ i:m drink on the 13th. Witness never tchi . Cunstable Hunt that Rogers had no drink at ids house on the 13th. Witness did not refuse Rogers drink at 3 o'clock on the 15ch because he had too much, but because hi was so nastv to witness. Witness would swear that Rogers had no drink supplied hi the hotel from 3 to 6 p.m. on the afternmi of the 15th. Witness never served Rogers with drink after sending for the Doiioe. M'Murtrie's evidence was false. Witness saw M'Murtrie with a bottle of whiskey in the kitchen on the afternoon of the 15fh. M'Murtrie .swore falsely l when he said witness get up at 4 a.m. on. the loth, and served him. and Rogers with a drink. James Stewart Anderson, farmer ai, westim deposed to knowing Daniel Rogers. Witness had a conversation with Rogers ( n business matters about 4 o'clock on the 15th. Constable Graham was at Weston when witness was interviewing Rogers. To the best of witness' knowledge Rogers was then quite sober. Witness had a drink with Rogers. They had two drinks each. To Sergt. King: This interview took place on the 15th. They had the -drinks in Eaton's "bar. Mrs Eaton supplied them. Eaton was not about at the time. Witness did not remember seeing Rogers any more on the 15th. David Temple, laborer at Weston, deposed to being in Eaton's hotel on the afternoon of the 15tb August, Witness- remembered Constables Graham and Anderson coming to- the hotel that afternoon, ilr Eaton attended to the bar after his return from Oamaru. Witness had tea at the hotel.. Witness -was present when Eaton told Rogers he had been unable [to settle the.assault case. pending. From what witness saw Rogers was not drinking -that afternoon. M'Murtrie's evidence that Rogers was drinking 'terribly' in the afternoon.was false. When witness went out-after ■Rogers and M -Murtrie, - to the stable, he heard Rogers ask the lad Watson if he had seen a bottle of whisky. Rogers was a man easily put out. ToSeTgfc. King: Witness was boarding at the hotel. There was .nobody in the bar .when Eaton returned 1 from Oamaru •on .the afternoon. >of the 15th. Rogers had nottirink after till 6 o'clock. He was ■not about the" bar 'between 3 an<i. p.m.

Rogers could not very well lave- ihad any liquor. .without witness'.. knowledge. Roofers ancl' M.'Murtrie could nave been in the Bur without- witness-' knowledge. Witness hud talked over the matter with Eaton It was a few-days-ago. Annie Eaton, wife of the licenses of the' Weston Hotel, stated that she remembered J. S. Anderson going to the hotel on the 15th' : August. : He and Rogers had' da-inks and witness, served thlem. Her ■'h:Qsba;nd ; 'PetUTned a." little ; iafber-three. Witness was in charge of the bar during ■ her husband's absence. -:'.: Witness gave RtJ- , gers no drink that afternoon after her husband's return. To Sergt. King: Witness served' Rogers' and Anderson w;ith two; drinks each, before her husband's return. Rogers drank whiskey. This closed the case for the defence. .His- Worship held 1 that" there was not sufficient evidence to prove the drunken:ness'contemplated,by the .sectio'n of'the Act under which the infornrationis were laid. M'Murtrie's evidence -was' apparently tainted by prejudice. Rogers was evidently a passionate and violent man. The informations would be dismissed.