A LICENSING CASE.

Poverty Bay Herald, Volume XXXIV, Issue 11141, 3 December 1907, Page 5

A LICENSING CASE.

An action arising out of a. fight at Te Kanaka on October 29 was , brought against the licensee of the Rangatira hotel at the Magistrate's Court this morning, when James Pettie was charged that hedid^om October 29, permit quarrelsome conduct to take place on lias licensed premises. Mr Stock appeared for defendant, who pleaded not guilty. . - •Bartellq Wall, laborer, Te Karaka, stated he was at defendant's hotel on October 29, between 3. and 4.30 m the after, noon. Witness saw several Natives on the premises. He knew Puhakia and Paki, whom hie saw fighting at the back of the hotel, m the back . yard. They ,were stripped, all but their trousers and socks. There were aboiit -.from 15 to 20 Europeans and about the same number of . Natives looking on. : The defendant was present while, the ; fight was in' progress, also Duggan; the billiard-marker. Ho - could not say whether the barman was present, iand did not see defendant try to stop the fight. ' The fight lasted about a quarter of ■. an hour. During the .progress of the, fight witness heard defendant say, "Let th* — — have a fight ; that's the best way to settle ;it." He did not see defendant there right to the finish.— By Mr Stock : Witness also went by the names of Lacey and , Bailey, the latter 'being one of his Christian names. Witness was m defendant's employ m March last, and Heft because he was not satisfied. Defendant did not dismiss witness because he allowed Natives to dance hakas m the 'billiard-room. Witness never told aohan named Dandy that he would make it hot for Mr Pettie, but he told Mr McMahon that 'he would like to give him a hiding, because he had said things about him.; Witness heard an; argument going on m front of the hotel; but saw no fighting, . and never heard anybody send for Constable Doyle. The fight had been going on for about a minute when defendant cam& to the back door, and was not all over when defendant appeared. Witness did not owe defendant any money.— By the Sergeant: The animus he had against defendant did not induce witness to give evidence to-day. ;John Morris, Te ' Karaka; stated, he' was on the' road opposite defendant's hotel on October 29. Paki and Tuhaka were arc;uing^angi:il.y, t "ih front of the hotel. He did not see defendant there. The two Natives went round to the back of the hotel, where witness saw them fighting. About 30 or 40 people were present, fitness als6 saw the standing liy 'the wash-house, looking, on at th© fight, and mad© no effort to stop them.— By Mx Stock : The fight took pkce by the stable. Defendant was about -'half a chain away,, standing with some other 1 people. .; Witness did. not see defendant's brother there. , - John Blake, laborer, stated he saw the defendant go up,«md speak to the Natives who were arguing m front of the hotel, and they ceased. A few minutes later they; went round to the back of the hotel, and started to fight. Witjiess saw the defendant come out of the back door, but did not know how long ho ■ remained. The Natives were then stripped, and other Natives were trying to separate thg fighters. Defendant made no attempt to suppress the disturbance. A good deal of noise was going on while the fight was m" progress. — By Mr Stock : It was not after the fight that , defendant came to the back door. 1 Alfred Blake stated he saw defendant get between the men and separate them, when they were arguing m front of the hotel. He- did not know whether defendant was present when the fight was going on m the brick-yard. — By Mr Stock; : The Natives were stripping when defendant came tQ the 'back door. ; Constable Doyle stated he went into the Rangatira hotel on the night of the 29th October, and told the licensee,/ Mr Pettie, he had come to inqxiire about a row that had occurred • that afternoon. He said two Natives quarrelled m the bar, and he put them out andt quietened -them, and they afterwards went round to the back of th© stables and.' had a fight there; Witness "was .speaking to defendant on the 20th of last month, the f day after Paki was convicted of assault m connection with the fight. Defendant said, "I see that fellow (Wall) gave very strong evidence m Court yesterday. He is telling a 'lie 'when he said* I said, 'Let the — — have a go; it's the best way to settle it.' Between you and me, I did. see them fighting, but- I knew it was no good me trying to stop them, so I went back m again.— By Mr Stock : When talking to •defendant on the first occasion defendant said he would have sent for witness, but heard lie was at Whatatutu. Defendant was not referring to the fight m front of the hotel, and did not say the fight was over when he went to the back of the hotel. I Mr. Stock .said he would; call a number of witnesses for the, defence who would say the defendant was not present during the fight, andt did not go out until the fight was over. H© did not come out until lie was gent for. It must be evident the other men had made a mistake as to the time defendant came out. It would be quite easy to make such a" mistake. James Pettie, the defendant, stated that between 4 and: 5 o'clock on the afternoon of October 29, two Natives began to. quarrel in -the bar, and with some assistance he rushed them outside. Immediately they pulled their coats off and began to fight. Witness told Duggan to go for Constable Doyle, but was told the constable was away. Witness separated the Natives and went into the bar, with other gentlemen, and did not see anything more of the Natives. He did not hear an v disturbance while he was m the bar, but someone came m and told him the Natives were fighting m the yard. Witness remained in' the bar for about five minutes, Avhen he went out and saw some men leading Puhaka to a seat and handing '"him his clothes to put on. If there had been a fisrht it was over. Witness Wall was m his employ, .and he dismissed him for going away and staying without leave, and for exciting the Maoris to dance hakas m the bar. When -witness went out into the yard he saw Wall, and ordered him off the premises. Witness denied having used the language Wall said h© had, adding he was not m the habit of using such language. Witness was not present at the start of the fight. By Sergeant Williams : He remained m the bar three to five minutes after he was notified the fight was going on. Witness thought the othep. witnesses, had.^niadja^a. mistake m the time he -went out. Witness denied absolutely saying what the constable paid he did. George B. Oman, licensee of the British Empire hotel, deposed he saw a disturbance m the passage of the Rangatira

hotel between two Natives on October 29. Defendant, with assistance, put them out, whereupon they pulled off their coats. Defendant sa\d he woiild send for Constable Doyle if they did' not go away. The Natives put on their coats and went away. Defendant went back to the bar again. On. hearing that there was a fight on, about five minutes after-. | wards, witness went round to the back and told a Native he ought to stop the ! men fighting. When witness went backs to. the bar defendant was there. He did not see defendant m the yard during 1 the progress of. the fight, and^hq could not have been present at the start of the fight. By Sergeant Williams : About 30 or 40 people were, present. Witness did not hear any noise where he was m the hotel. Ik was possible defendant might have been m the yard "without witness seeing him. '