PERMITTING DRUNKENNESS.

Poverty Bay Herald, Volume XIX, Issue 6894, 15 June 1892, Page 3

PERMITTING DRUNKENNESS.

At the Police Court this morning, James Finlay was charged on the information of Const. Norman with permitting drunkenness of James Ryan on his licensed premises, the Argyll Hotel. Mr Nolan appeared for defendant, and pleaded not guilty. Sergt, -Major Moore prosecuted, and asked for the information to be amended to include Tames Rvan "and others". -Mr Nolan asked tor the names of the others.— Sergt. -Major Moore said he did not know the names, but he called the barman's attention to them at the time.— The words were not added. Constable A. H. Norman gave evidence that he was on duty on Gladstone road on Saturday afternoon, and was told of a man lying drunk in the Argyll hotel. He went to the. place and found a drunken man in the front bar of the hotel It was about a quarter of an hour after he had been told of the fact. He lifted the man up, and as he was helplessly drunk he locked him up, and on Monday the man, Ryan, was convicted of drunkenness. He told the barman at the time "This won't do," or something to that effect. After locking up prisoner he returned to the hotel about an hour after, at about 4 30, and saw some Maoris in the bar, including two or three women They were in the front bar, near the street. They W< Mr Nolan objected to further evidence, as they were only charged with permitting the drunkenness of Ryan.— His W orship allowed the question to be put. The constable said the Maoris were not very drunk, nor were they sober. Cross-examined, witness said that he had been on duty since 1 o'clock, and did not notice the drunken man until he was told of it at 3 oclock. There was a screen in front of the door, and the man may have been there without his seeing him. Sergt. -Major Moore gave evidence that on Saturday, at 2 o'clock, he visited the Argyll Hotel, and saw two female Natives and some three or four Maori men. One of the men was drunk sitting on a seat close to the bar. He told the barman that this would not be allowed, and not to give them drink whilst in that state. After the arrest of Ryan he accompanied Constable Norman to the hotel, and found several Natives the worse for The Magistrate said that that was not the subject of the information. Mr Nolan said that the information was laid under section 141, which said "if any innkeeper permits any drunkenness to take place on his premises." There was no •vidence that this drunkennes did take place on the premises. He would prove that the man did not get a drop of liquor m the hotel He came there drunk and they allowed him to remain there rather than turn him out. The section said "if any inn-keeper permits drunkenness. The Magistrate : That's the offence. Mr Nolan : The drunkenness took place before the man came on the premises. The Magistrate : You say you haven t supplied him. There was drunkenness and you allowed the drunkenness to be on your premises. ... , , Mr Nolan said it was impossible to keep a drunken man out of an hotel. According to the contention of the police if a drunken man came into an hotel and remained there five minutes an information would lie against the hotelkeeper. _ . n The Magistrate : That is so. He should set the police to remove the man. An hotelkeeper is to protect the respectability of his premises. . Mr Nolan: You should compliment Mr Finlay for his kindness in not turning him out on to the street. Thomas Cotter, manager for Mr 1 inlay, was called for the defence, and swore that on Saturday last Ryan came to the hotel. He was drunk, and witness gave particular instructions that he should have nothing, but allowed him to stop there. He sat down first and then fell on the floor, where he was found by the constable. Witness was very nearly positive that Ryan got no liquor in the house. Cross-examined by Sergt. -Major Moore: Did not know of his own knowledge that the barman carried out his instructions, but felt pretty sure that he had. Did not know whether Mr Finlay had supplied the man with drink. Took particular care to shut the door so that no one should see the man sitting there. The Natives may have been supplied with drink after Sergt. -Major Moore's caution. When the Sergt. -Major told him that he should not supply t lie females he said that they were not drunk, but the Sergt. said he thought they were. W R. Ryan, barman, gave evidence that he supplied the man Ryan with no liquor. Cross-examined : Witness said that Ryan came into the bar between 9 and 10 on Saturday morning, and remained there till the constable arrested him. He could not have been lying on the floor very long. He was drunk when he came in, and remained in the same state all the time. He was drunk on Friday. Did not supply drink to the natives after the Sergt, -Major told him not to. Sergt -Major Moore said that the man was so helplessly drunk at 3 in the afternoon when arrested that he had to be taken to the lock-up in a cab. Mr Booth, R.M. : This statement throws great doubt as to the evidence which has been given. To think that a man should walk into the bar before 10 in the morning and remain seated on a form and suddenly get so much worse that he fell to the floor and could not walk. I very much doubt whether he did not get some drink on the premises. I am very doubtful about the evidence. Here is this man's statement as to the state of the man when he came in. The Sergt. -Major : AtlOo'clock that night he was so drunk in the lock-up that he could not stand on his feet, your Worship. James Finlay, licensee of the hotel, gave evidence that" he supplied Ryan with no liquor. Cross-examined : Was in the bar, but didn't remember supplying any drink. Was at the hotel after 2 o'clock, and the barman Said that the Sergt. -Major wanted to see him, but witness told him that he could attend to the matter. Serct. -Major Moore : The barman told me you were not in. Were you in on Sunday evening too, when I went to see you ? Did the barman tell you that 1 wanted to see you •> — Witness : No. Mr Nolan said that Saturday was a busy day, and the man was allowed to remain there without being turned into the street. It was not a case in which a conviction should be recorded. Drunkenness came to the place and remained until it was removed by the policeman. Being the first case of the kind brought in the district, it was not a case in which, if his Worship should find that drunkenness had been permitted, a conviction should be recorded. What was a publican to do with a man in that condition ? Sergt. -Major Moore said that it was very bad taste on the part of any hotelkeeper to allow a man to remain drunk in his house from 10 to 3 o'clock. A strong, healthy man like Ryan would not remain from 10 to 3 without becoming sober, and he was in a helplessly drunken state till late at night. The Magistrate : I do not understand how the man came in drunk in the morning and at 3 o'clock was so helplessly drunk that he could not walk and had to lie on the floor if he had not been supplied in the mean 1 time, in spite of the evidence. You (Mr Finlay) are not charged with supplying this man with drink. You are charged with permitting drunkenness to take place on your premises. He was no doubt partially drunk when he went in. He was much worse when he went out again. I shall have to inflict a penalty in this case, but as this is the first time, and I have known Mr Finlay for a good many years, having visited his hotel on the Coast, and he has always been careful and respectable in his hotelkeeping— l ha> r e had no reason to complain. This must not be allowed ; drunken people must not be allowed to lie about the floor of the bars. I shall inflict a penalty of 10s. Sergt. -Major Moore asked for a conviction to be recorded on the license. Mr Nolan objected, stating that there was no indorsement placed on Mr Harding's license when he was fined for Sunday trading. The Magistrate said that he could not help himself. The Act provided for it and the endorsement would have to be recorded. Costs 7s were allowed.

Work is now proceeding on the ship canal that is to connect Paris with Rouen. It will be 114 miles long, ami is estimated to cost #1,250,000.