Police Court.

Southland Times, Issue 19167, 3 October 1903, Page 4

Police Court.

FRIDAY, 2nd OCTOBEIt

(Before Mr S. E. McCarthy S.M.j ALLEGED SELLING AFTER HOI'RS Michael Hulion. licensee of t lie Empire Hotel. Tiiv street, wns charged on two lnioruiciUons with selling whisKy after hours to Thomas HurKe and Joseph t^avauagh on the nignt of Saturday, 2(>th Si'pteinoer — Inspector Mitchell appeared lor thp police, und .Mr \S . A. atout for defvnduut, who pleaded not gunty. Inspector .Mitchell stated thut the informations Were laid under section 1 5.'i of the Act of IHtil. and he would dir«ct the attention of the Court to section ITO, wnjch provided for tin* evidence necessary in tx'ich cusos. The facts were that on Saturday night about half-past 11 Sergeant liowuen and Constable Iteidy saw two man outer tho hotel aitei kaioctfing, and shortly afterwards emerge with a bottle of whisky, which the police took from them. Thomas Burke said he was a farm labourer living at Hoslyn Bush. Hu had known Dal ton for about two years, but had no business relationship with Mm. Cixmo into Invercargill on Friday, and stayed that night at the Shamrock. Generally he stayed at Dulton's He thought ho visited the Empire on Katurday morning, but was not quite »nr«. Had dinner at the Shamrock, a.id »iid not visit the Empire during the Biternoon. Picked up Cavanagh about I<> o'clock on Saturday morning at the Carriers' Arms Hotel, ami during th« day up till 11 o'clock at night ho might have had a dozen drinks. At 11 o'clock witness could not say ho was oi.tirely sober, hut he know what lie was doin^. Cavanagh'a condition was -omewimi worse. He could not be called aoler, being a bit intoxicated It wo* nbout 11.15 at night that witness and Cuvanugh called at the Empire on Saturday night. They went to the hock door first, and- Cavanagh knocked. They did uot gain admittance. The hotel was in darkness and apparently locked up. They went, to the si d<j door Cavanagh knockod, und after some delay the door was opened, witness thought by Mrs Dulton Nothing was said at tho door. Witr.ess

and OAVftn«ftfx went into th» houM &&d entttred a room at th* btdt of tha bar. Thero was no ou» th»l'» but Mr and aire Daltou. Cavaaagh asked for R bottai of wtusky. Mrs Uaiton refusjed to give it, and mads sumo remark about the pwi.ee meeting them. After waiting uoine time Mr Uaiton told Airs Dalton to give tbepi a bottlo for the road, and Mrs Dalton went and got the bottle. She gave it to Cavanagh, and witness and he went out. Cavunagh did not give any money lor the liquor. The bottle produced was the bottle given to Cavanagh. Witness thought it was iMrs Dalton who let thorn out. Neither Cavnnagh nor witness asked for a drink when in tho hotel. Outside the hotel, about three yards dom tho door they were mot by Serjeant Uowden and Constable Uoidy. Tho sergeant relieved Cavanagh of the bottle, and questioned thorn. Witness mail., a statement. He and Cavanagh returned to the Empire to get a bicycle of which witness had the loan. They ditt not knock at tho doors, or see tithor Mr or Mrs Dalton. Witnews again went to tho Kmpire on the morning of iJnd October. That was tho lirst. time they had f>eer. Mr and Mrs Dalton since Saturday. They told why they were in town — on tho case. Mr Dalton replied to them : -You tell the truth, and say you vlid K ot the i bottle " They saw nothing more of tho ! liconsee until they m>'t in f-ont <>f tho | courthouse, and nothing wns snid akivut I the ca.se.

To Mr Stout : they went to tho hotel on Friday morning Mrs DnUon said they had i.o business there. On their way home they would puss the hotel in ordinary course When M r « Dalton opened the door witness tufl Cavanagh gave their names Mrs Oulton might, have said she would open the door to no one but lodgers. " Wlii.uss did not a.sk for accommodation for tho night and did not hear Cnvanagh ask. C«.vanagh was refused the whisky more thai) once. Hn said he wanted the bottle to take homo wilh him The police were in the yard of the hotel, .standing still. Sergeant Bowden took the whisky from Cnvanagh. '1 he statement was given to the police in thn police station where witness was token by the sergeant.

To the Inspector : Witness Knew of no rcuson why he should not go io tho Empire on Friday morning. At the holel door on the Saturday night after witness and Cavunagh knocked the person within said " Who's there." and Cavunagh gave their nnmei. The door was then opei.ed No other conversation took place until the whisky was asked for. Witness did not give information to the police willingly, and did not wish to give the house away.

J. IC. Colyer. Hrrk of lktMiwing tliatrict. gave formal evidence. To Mr stout, : Witness had had occasion to make iwii slays at the Kmpirc Hotel. It was iL well-conducted house, and witness hud seen evidence that Mrs Dalton endeavoured to keep the requirements of the Act. Witness hud seen that them was some difficulty in keeping the Act, us he had seen a number of young mtMl from 1 K to 2." rushing the hotel just or, 11 o'clock. He thought that was greatly to the discredit <if the young men of invcrtai'ciH. and if it was general he was Kiirprisptl that there were not more coses in the. court. To the Inspector : Witness supposed that these young men lushing the hotel wanted a drink. He wns not await* that there were compluinls of young- men lieinc detained in this house until enrly hours playing curds. Ho did not know that l hero was a room sot apart, for cards. Ho had seen what ho hud -said in .justice to the licensee. Mr Stout objected |rs the insinuation sought to be made against the character of the licensee. The Inspector knew the questions could tiot be answered, »nd put them with a purpose His Worship suid ho had taken no notice of t his evidence. Mr Stout .said his Worship would, of course, tnke no notice of it. It was Improper.—The Inspector maintained his ripht to put questions uh to character, follo\yiii(j what had come out in crcsuexamination, in re-examination.

Joseph Cavanagh gave evidence mainly in corrohoration of that given by Burke. Witness thought the door was rtpeiifd by Mr Pull on, hut ho was mv certain. Witness gave his own name, and Uurko's in reply to the question " Who's tliero 7" und the door was opened Mr und Mrs Dnlton wore in tho. j-ussagi'. I hey talked about one thing and miother for a few minutes. and then witness asked for a bottle of whisky. Mrs Pulton refused, saying- it was nftor hours. Witness asked again, and Dalton said.

" Give, this man a liottle." and witness got it. and Mr Daltoi. let them out Nothing was paid fur the whisky. Witness paid debts when ho owed iiiem, und had once liofore paid some money ho owed Dalton. Witness could not say whether Dalton knew where ho was working on this occasion. To Air Stout : Witness had put up at Dalton's hotel. He lived at Hoslyn Bush. If Burke snid Mrs Dulton opened the door he might do rignt Witness, in giving the names, might have said hi: wanted accommodation for the right, but could not remember i' ( 'n coming out they met the police were taken to the polio 1 smtion ' Nothing was said about being charged with with the whisky. Nothing was said and witness had not b^en i>:-k---ed for money. To the Inspector : Ho could suggest m> reason why I 'niton should give him a bottle of whisky for nothing.

(.'onstuble Hoidy deposed to being m-fir the hou*l between 11 and U on Saturday night. seeing liurke and CaMinugh enter und come out, seeing ilio se.-geu.nt take n bottle of whisky Irom Cavano^h, coming to the police station with tl.im. On Monday visited Dalton %vith S«rgeuiit Howden. l>alton said tho two tn-n hud miid they were going to stay nil night and wanted a drink Mrs Onlton refused and then he (Dulton) advjsed her to givy them the drink and get rid of thorn, and they went away after a deal .>i pnsiuiKion. Dalton nlso said he hud known Burke and Cavanagh since they were children 'J'he sergeant asked him* if ho would .sign the statement he had iiist made, l.ut Pulton said he 'vould wuit und wee what the police wore going to do first.

To Mr Stout • Witness nm\ '.!u; st'lg'(■ant enter* 1 *! the hotel yard from Ksk utraot Ai'U'r they hud been there a short time liurke und Cnvanagh came. Witness described their movements. Semennl Bowdcii n;ave corroborative pvirloncf To Mr Stout : Ho had no trouble in uctliiif,' Uic explanation from I'nltoti on Monday r.ight, n.nd did not press him to sign it.

This wag th« <ftM tor tb« prosacution. Itr Stout aubwitted that there wrb no ovidonce of a Bale, and the case must be dismissed on tho ©vidence of the prosecution. The ftvidsnee of th» alloged bvyett and a Btat»xuant of th* alleffod (wllor was before tho court, and nothing In tha nature of a sale was shown. Tho young men had asked for a drink and were refused. Was it likely that the licensee, having refused to sell Is worth of liquor for consumption on the premises would immediately thereafter sell v whole bottle and let the men depart with the oxternal evidence of a breach of tho Act upon thorn ? It was not reasonable. to suppose that tho licensee having refused to break the law fn a manner involving no H9k would straightway break it in a manner that wa.s oxtrcntely risky. The fact was that the whisky was" given to Cnvnnugli and llurke in order to get rid of them. It was a gift to save the trouble of ejecting the young men. Mr Stout proceeded to refer to the case SchMlhois v. Wilson (H N.Z. L.R., U°'') which had been mi nlioned by the Inspector, contending that that case did not lay down the circumHtances in which n sale was to be presumed, but merely established the riinciple that the magistrate was not ulI ways obliged to believe the evidence for the prosecution. Counsel pointed out that no question of that nut -are was raised here There was no truittped up story and no collusion. The plain tacts had been put before the court, and they showed that the defendant had simply Riven Cavanngh and Burke, with whom he was intimately acquainted v bottlo of whisky as the simplest and cpuick-ost way to pet them ofl the premiaes } its Worship it was not Schultheis v. Wilson hut another case (decided by Mr . Justice Kd wards) that tho defcm 1 " had to meet '

Mr Stout said hi* Worship must be referring to natt v. Cullen (Hi N./. L.K., IV). That was v. Cflso in which a drink was given in order to retain custom. It Was held to be a pale. The question did not affect this case His Worship .snid he thought it might but he would consider the matter

Mr Stout said he would not lull e\ idence. The defendant's stntcm.Mil. ivns before the Court His Worship ?nignt like to hear defendant's explanation of how IJurke and Cavanngh got into tho hotel They represented that they wanted accommodation for t*ip night Him Worship said he would consider thai in that miUCi' the defendants evidence was worth just as much as ihnt of Murke and Cuvanagh, who were admittedly under the influence of Mo,uor to a certain extent

DwitMon wuk reserved