UNRELIABLE EVIDENCE.

Sun (Christchurch), Volume V, Issue 1357, 19 June 1918, Page 9

UNRELIABLE EVIDENCE.

A PROSECUTION FAILS. EXCURSION TO WALTHAM. So unreliable were the witnesses produced by the police in a case heard in the Magistrate's Court to-day by Mr T. A. B. Bailey, S.M., involving charges against a hotelkeeper and his wife, that the Magistrate dismissed the case without calling upon the defence.

The case was one in which James Henry Spence, licensee of the Waltham Hotel, was charged with, on May 24, permitting drunkenness, supplying liquor to an intoxicated person, and permitting shouting. Mrs Spence was also charged with supplying liquor to an intoxicated person and permitting shouting. A plea ol not guilty was entered on all charges.

Mabel Carney related how she had met an old man and went into the Royal George Hotel with him for a drink. There they met, another man, and all three had a drink. Witness then went to the Waltham Hotel in a cal) with the two men, one of whom was already the worse for liquor. They had more drinks, and one of the men became so intoxicated that he fell across the tabic and broke a glass. Cross-examined by Mr Hunter, the witness admitted that she knew such characters as Annie Hancock, "Darkle" Biggs, "Snowy" Jensen, ami others.

Arthur Braid, cab-driver, said that he drove the two men and the woman to the Waltham Hotel. One of the men was slightly the worse- for liquor, but the others were sober.

Arthur Harris, taxi-cab proprietor, said that in response to a telephone call he went to the Waltham Hotel and took away two men and a woman. One of the men was very drank, and later collapsed in the cal). Witness took him to the police station. William Newbury, one of the trio, said that he knew the young woman by sight, but did not know her name. He met her on May 24, aud took her into the Royal George Hotel for a drink. Witness corroborate'! the previous evidence regarding visiting the Waltham Hotel, where they had more drinks.

Sub-Inspector Mullany read a statement made by witness at the police station, detailing the number of drinks the trio had indulged in. In the box to-day, witness said that the statement was not true, as he was under the influence of liquor when he made it. Each paid for his and her own drink.

To Sub-Inspector Mullany: Witness knew a man named Pascoe, but was not a friend of his. Witness admitted ho had been convicted of drunkenness, and had been connected with a sly-grog shop, but he "had got out before the raid." Mr Hunter submitted that the evidence given by the witnesses for the prosecution was of the most disgraceful kind that had come before " the Court. He dealt with the characters and records of the witnesses, and said that it was not just to ask for a conviction against a decent publican, who had not had a mark against him in 40 years, on the word of such witnesses.

The Magistrate agreed that the police witnesses' story was unreliable', and he did not feel justified in asking the defendant to answer the charges. The cas:e was dismissed.