LICENSING PROSECUTION.

Otago Daily Times, Issue 12602, 4 March 1903, Page 7

LICENSING PROSECUTION.

1 At tho City Police Court yesterday afternoon, I before Mr C. C. Graham, S.M., John Laffey, j licensee of the Otago Hotel, was charged with . having, on September 38, 1902, sold liquor to j George Magorian while in a stato of intpxi- j . cation. Mr J. F. M. Eraser appeared for tho prosecu- ' tion, and Mr W. A. Sim for tho defendant, who | pleaded " Not guilty." : i Mr Frascr, in opening the case, said that it \ i was only to state the facts briefly, ! as the press had given considerable publicity to the matter some time ago. The ovidcnco 1 would show that Magorian had arrived at Court's Hotel in an intoxicated condition, and that ho had been very freely supplied with • liquor by Laffey and tho suggestion was that 1 this was cone for tho purpose, of forcing the sale of the Gridiron Hotel upon him. It would be proved'that Magorian was staggering about tho street, and that aiicr ho had paid £100 as ■; dtposit on the salo he was served with more ; I liquor. There was one point, in tho caso that i . might bo referred to—namely, that the sig- •: natures on tho documents connccled with the. i sale of tho hotel proved absolutely that they ' . . had been written by a drunken man. Counsel ! : | then proceeded to call evidence. ; j George Ruthven, farmer, at tho Taieri, said ! -1 that ho met Magorian on. September 18 at tho ' 1 j Terminus Hovel in the morning, and had two j ■ drinks with him. After going to the Farmers' [ Co-operative stores they went to the Provincial t Hotel, where they had threo drinks. He met j Magorian in the afternoon, about 4,20, when tho [ latter waa muddled, and witness refused to . drink with him. t To Mr Sim: Would not say that Magorian , was a man who could stand much drink, j Robert Goodison, horse dealer, st)id that he j met Magorian, who was on a dray loaded with timber, about 2 o'clock on. the afternoon of > September 18, and went with him to Court's , Hotel, where they had a drink, witness paying . for it. Defendant and Mr' Irwin came into the j bar, and they all had another drink at Laffey's , s expense. Witness then left and came back at 5.30, when ho saw Magorian'3 cart outside the I J hotel. Went into tho room at the back and . saw -Laffey, Magorian, and Fea thero sitting 3 at'tho table, and he asked Magorian if he would j let''William Alexander take charge of his horses , and dray. Laffey prevented witness from going , into tho room, and someono called out to him J io wait. When Mngorian came out ho said he t had bought the Gridiron Hotel, and witness ( said, in a joke, that he should have a commist - sion for introducing a customer, and Irwin said | h-3 would get £10. Magorian was very drunk , ai this time. I. To Mr Sim: Witness would contradict anyone ' who said that it was after 4 o'clock when i Magoriaii went to Court's Hotol. In witness's I opinion Magorian was capable ot doing bu3i- ( ness when ho first left him at the hotel. Ma- . gorian could tako a good quantity of liquor ; and be none the worse, but it he drove home he I could riot havo been so bad as lie.(witness) thought ho was. ; 1 Curtis, tobacconist, currying on 1 business ill Rattray street, said 'that ho knew 1 Magorian very well. On September 18 he came ' to witness's shop between 6 and 5.15 p.iu. Hq , was accompanied by Mr Feij, and dofendaut ' and Irwin wcro outsida. Witness said to Ma- | gorian," Why, George, you'ro drunk." Magprian ! asked him for a cheque for J=loo, and witness ' gave it to him, for (ho purpose of pacifying him, intending to stop it in the morning. Had 1 no doubt the man was drunk, and ho showed it • botji in his talk and in hia walk'. ' To Mr Sim: Witness might have said, j " George, you'vo been drinlriug," but if he }. Stated ill tho previous case that Magorian could ' walk all Tight it must havo be:n a mistake, as : the man was staggering. Subsequently witness 1 received his cheque for £100 baei; from Messrs i Sicvwright and James. Magorian's solicitors. ! Junes Duncan, saddler, BaUr«y ( street, ssid J that he was in Curtis's shop on September ; IS, and saw him standing at his dooi with a ' cheque book in his hand. Magorian wa3 going ■ down the street, rolling drunk, with Pea and ■ Irwin supporting him on either side. He would r have fallen had it not been for their support. ! Alexander Bain, jun.,« gave evidence to the i effect that he saw Magorian come into Curtis's ' Bhop, and say to the latter, " Lend me cIOO, I Ben." Magorian was intoxicated, and Irwin ' and Laffey were with him. Witnesi did rot i seo Pea come into the shop. ' s George Magorian, fanner, said that ho cams ' into town on September 18, and had a drink • of whiskey beforo leaving home. He drove a - pair of horses and a dray into town, and at : tho Terminus Hotol he met Ituthvcn, and had ! two whiskies with him. After visiting some stores they wenr. to the Provincial Hotel and 1 had more drinks. Witness then loaded up his " dray at the timber yard, and wont to the Pier t Hotel, where lie had a whiskey and a beer. ' It was then between 3 and i o'clock, and wit- • ness met Goodison at Cargill's Monument, and 1 tho two went to Lafi'ey's Hotel. Whilo thoy,- ' wero thero Laffey and Irwin camo in, and there '■ was more drinking. Subsequently Fea came in, and something was said about the Gridiron 1 Hotel, and the party went into a little room at the back. The parly consisted of Irwin, Fea, tho defendant, and witness. Could not say | -what was drunk in (lie room, but witness rei raembered going to Curtis's to get the cheque, : but could not call to mind who went with bim. ' Witness could not rccognise tho signatures, purporting to-be his, on the documents produced. >■ When ho went into town he had not the slightest; l intention of buying tho Gridiron Hotel. ! To Mr Sim: Witness was not drunk till late ■ in tho day, and considered that he. was quite I capable of doing business up to 5 o'clock. If >. a man had conio into his (witness's) hotel in 1 tho same stato he would have served him. Did ■ not remember leaving Laffey's Hotel with i Cotton, nor could he recollect having a drink t at tho Australasian Hotel. A. James, solicitor, of the firm of Sievwright J and James, gave evidence, identifying certain > documents put in by tho prosecution. S At this stago Mr Sim obtained leave to call > one of the witnesses for the defcnce, as she f had come from Timnm and wished to return > there. I Letty Hetleman deposed that in September ' last sho was a bammid in Laffey's Hotel, and r remembered Magorian and Gnodißon coming f to the hotol on the 18th of that month in tile afternoon. They had two drinks in the bar and then adjourned to the back room, where other drinks and three rounds of champagne were served. In witness's opinion Magorian ; was sober and ceemed all right. Nobody else wns serving at the bar. To Mr Fraaer: Both Goodison and Magorian seemed all right. Witness considered a man was drunk when he was unab'.e to stand, and Magorian appeared quite sober when ho loft the hotel. She knew that a deal was on from what was said in tho room, and Laffey told her that ni.iht that Magorian had bought the Gridiron Hotel. After the examination of this witness the further hearing of the case was adjourned till the 13th inst.