Police Court

Southland Times, Issue 19185, 24 October 1903, Page 4

Police Court

FRIDAY, -23rd OCTOBKR. Before Mr S. E. McCarthy, SM. Henry H. Powell, licensee of the Wallacetown hotel, was charged with (1) permitting drunkenness to take place on his premises on Sunday, 4th October ; V 2) selling -liquor on Sunday, -lth inst. to Alexander McMillan, not" a trave'.iiv.or lodger. Ten other informations wero laid charging defendant with Sunday trading in respect of 1\ S. Wilson, it. V. Cringle, A. W. Clark, N. Olsen. J. Keady, D. Swhan, J. Forde, J. Mnnn, T. Kennard (two informations). — Inspco tor Mitchell prosecuted, aud Mr J. Macalister appeared on behalf of the defendant. Mr Macalister said that the defendant would plead guilty to the charge of per mitting drunkenness on his premises, subject tO an explanation which counsel would give the Court. He would also enter a plea of guilty in McMillan's case leaving it to the Inspector to decide whether the other informations should he proceeded with. Inspector Mitchell said the first information was laid under section 14(> ot the Act. and the second and others under section 155. His Worship had on previous occasions favourably commented on the fact where licensees came to tho Court and admitted their guilt, instead of resorting to the device of lying. Originally he had intended in these proceedings, wheno thero were not only one. but 12 distinct ' ollences in no way referable to one another, to ass the Court to convict^ in three, but lie had como to tho conclusion that it would be better to follow the line of the court and encourage the system of coming and honestly admitting guilt. He now would ask that convictions be recorded in the two enses in which Mr Macanster had pleaded guilty, and applied for .permission to withdraw the other informations. The facts attending the case wero that on Sundaj', 4th inst., a number of people visited the hotel, annving on horseback, buggies, bicycles, and others, near neighbouts, on foot. They wore all served with liquor — anyone who asked for it was supplied, the defendant treating tho Sunday as he woirfd a Saturday or Monday. One of those who visited the house stayed there from 10 a.m. to 4 p.m.. the. result being that when he left in the afteiv noon with a flask of whisky iv hio pocket he was so helplessly drunki. or so near it. that he met with a serious accident while attempting to reach his homo on his bicycle, and wivs in .the hospital in a state of unconsciousness for a week His memory \yfis now a blank as to what took place that day. and if a medical mar. were called he would prove that the young fellow had a very narrow squeak for hi 9 life. Mr Macalister said that Po.well had been a resident in .the district sinco l'Hfii, apd for 31 years had been carrying on the hotel business in the premises he now occupied. They are his own premises, so he was the person who would suffer the full extremity of tho law with regard to endorsements or otherwise. During the whole time he had been in the district I'oweli bad never had a single charge "made ngninst him, 'and it could be borne out by the police that he had conducted the hotel well and bad given every satisfaction to the public, lie had never been before the Court in regard ta ainything either civil or criminal, and was always looked upon as an excellent citizen and ono whoso word was his bond. He "bad pleaded guilty rather than stand up and defend (. case which would bring tarnish on his name — ho would rather consent to plead guilty lo ..the lot. Counsel understood that tho defendant gtive no 'trouble to tho police, and told them all lie knew about the matter. (Inspector Mitchell said that this wns hardly correct.) As to whether the injured cyclist Kennard secured the whisky irom Powell, it could be shown that he hud a bottlo in his possession on *he previous Saturday night on his way home from town, which he did not get from' Powell at all (Inspector Mitchell : I admit that.) Coming to the Charge 'of permitting drunke-niies-*, counsel said that in view of the recent decision that where a man was found drunk not -far from licensed premises and he had previously been seen in the premises, that thore was a strong presumption of the hotelkeeper's guilt, it had been decided not to defend. Powell might go into the box to, -Satisfy tho .Magistrate that to his knowledge he had not permitted drunkenness, but the fnct that Kennard was lound near his promises would bo considered a strong presumption against him. There was no doubt that Kennard was in tho house Im Sunday, I>ut the question whether tho liquor neceived from Powell was the immediate cause of his accident or not wa.i a matter that the Court could pass over. It might be that Kennard came by his Injuries through negligence, as such cases wore not at all rare. As to tho charge of Sunday trading, counsel said that since the closing of tho Waikiwi hotel the only houses available on Sunday wore *,he Junction and Wallacetown hotels. I'he Sunday in question was a very fine duy. and a great number of people drove or cycled to Powell's house 'lhey insisted on heing supplied with refreshments, nnd Powell, wno went to the bar himself, attempted to carry out his duty to supply travellers only. All the people. could not stand in tlie bar. and some went to different rooms, which, unfortunately, assisted in the .perpetration of fraud on the publican. The occupants of the rooms kept coming in asking for drinks, Powell being under the impression that he was serving fresh customers who wette leaving the hotel after getting refreshments. There was no doubt that he should havo been more careful, and made further enquiries, but his own good nature got -him into the meshes of tho law. 'i'he liability to two endorsements had been mentioned to Powell, but he hnd said that he would submit to three endorsements rather than go into tho box and 'say what . was not true. It would mean hundreds of pounds to him, and counsel asked thei <iourt to take that into consideration when fixing the penalty, and impose a nominal fine Inspector Mitchell said Mr Macalister was not quite correctly informed by his client as to what ho had told the police The defendant had given a signed statement that Kennard was at his houso between 10 and 11 a.m. on the Sunday morning, and that that was all he knew about it. Defendant had also given v wrong "'"account of the bottle of whisky. Kennard got a bottle of whisky in town on Saturday, and it was half-consumed on Saturday night, and tho remainder before he left home on Sunday morning, whon his condition was described ao '• merry." A bottle and a flask of whisky were supplied to him on the Sunday in the Wtdlacotown hotel, in addition i the drinki consumed on the premises. Mr Macalister consulted with his client and then remarked that there was some doubt about the supply of the whisky. Ilis Worship said : From tho facts given* by the Inspector and counsel for the defence it would appear that theso charges ..%re the outcome of a serious breach of the law by the defendant on lhat particular Sunday. 1 shall, howover, take into consideration the fact that he flms come into the Court ni.d pleaded guilty. I do not say that when v publican has an honest defence, whirl-, they very often have, ho should come into tho Court and plead guilty. I mean that when he knows that there is n caso against him, and he seeks to rid himself of the effect of his misconduct by going into the box and committing perjury I shall take that into consideration in fixing the punishment. And i shall also take into- consideration where there is a strong case, and *he defendant comes into Court and admits it, and does not attempt the usual course of lying and perjury, in inflicting the penalty. 1 think also that this case shows very clearly the necessity there is t for fixing-, a substantial penalty on those who go to a public-house and ask for liquor during prohibited hours. I have travelled v" great deal about the country, and I kn.ow that some people are very uiportunate in their requests to the publican and very often force him into a position lie does not wish to occupy. As the law at present stands '.he publicnn has to stand the brunt of the charge, and the othera get off free. I don't think that. thiß is a desirable state of the "aw. In this case there will be a conviction, and fines of £2 on each information, and tho defendant's license ia ordered to be endorsed. In fixing this small penalty I would point out that not only do these endorsements reduce tho financial value, of the house, but they also put the defendant on his trial before tho Licensing < Committee, who may have something ,to say in connection with tbe matter. I think that what I proposo to inflict is a substantial punishment. Costs wero awarded the defendant amounting to £2 14s 6d. t In reference to his Worship's remarks Mr Macalister said that Powell had been subjected to a good deal of annoyance Ov people travelling through Wallacetown at night, and he had been actually obliged to go down and open his place. Ot bei-s had deliberately broken his windows when drink was refused. i!i.. v worship said that a publican was not obiiKcd to supply anyone during prohfbited ho'V'B,.