ANNUAL LICENSING MEETING.

Taranaki Daily News, Volume XXIII, Issue 118, 10 June 1901, Page 2

ANNUAL LICENSING MEETING.

HOTEL COMMONWEALTH APPLICATION. (Continued from Saturday.) Mr, Baker called the following evidence in suppoit of his statement: — Henry John Day, Bt-itiuntria->t6r, said the traffic here was iicreusing very greatly. The trave linn public arrived from the s'earners at 6.30 a.m. four ,days a week. The -netrtst railway [refre-hment oum wasatHaweia,wuich was reached at 9 30. They could get a hurried soack at the Terminus Hote l . If there was a refreshment rcom at the station about one-third of the passengrs would take breakfast thtre. Had b\eo told by passengtrs thitthey cou'd not get accommodation. Ha lad on .three occasions given permission to m n io elesp in carriages owing to the hotels being full. Was not prepared to say furtl.er accomm .dat'on was required, but thought tha>; an hotel op-Ipo.-i e the stitiun would te a gieitcon- ! venience.

To Dr. Fiodlay : Could not say why the Rail *ay Department had njt placed a lefreshment rcom at the staion. It was a departmental matte.-. Ojohsional want of accommodation was feh a-, other places, Mr. Wes!on said Dr. Findiay admit e 1 tli 3 accuracy o? a return of the number of per ons paying a> poll t x oo knding at the bwakwa'er. It, showed 1 that in 1897 the n.imber was 11,676, rvhiuh had risen til in the first five mon-hs of this year it reached 10,400. C. E. Major, Mayor of Hawura, stated that in his experience there was ; scarcely a: y reason to doubt tbatthfre was not sufficient bccommodatioa at New Plymouth.

To Di'. Findl iy: Was not present to help Mr O'Driscol.'s case. It was in the interest of public convenience. To Mr Atkioton; Was a licensed land btoker, atd aleo hotel b.oker when opportunity offered, •Agnes Marshall said sha came through foin Palmeiston with her aunt, andcoull not get accommodation ia the toivn, though Mr Russell raDg up a'l the hot eh in th« town. They eventually had to go to Mr Ru«s3ll's to stay the Light. Mr Weston : How old is your aunt ? (I/ud and prolonged laughter, in which the witness joined). To Dr. Findlay: Did tot hea; Ru • Sill ring up the ho'.els. Ru sll wa glad to put them up. Micbael livery stable keeper, said that on race days and s:imla attractions there was not sufficient accommodation in the town, but outside these occasions he had heard but little complaint. Race meetings Iks'.i d four days in the } ear. Isaac S. Hardley, tinsmith, Hawerr said he could not g. t hottl accommodation at r«ce time.

James West, cab proprietor, said in two or thiee instances on sp-ciat occisions he had to get accommodation for p.ople. (Witness was feeing pressed by Mr Bakee when 'Dr. Fkdlay protested against the way in whi.h Mi Baker was cross-examinirg his ow. witness), Alfied Boon, contractor fjr the Hotel Commonwealth, gave us to the statutory notice being affixed to the front doar, and &s to th-j tt ite of the premiss at the tim-. He w.u ciosa-examined en the s'a e of tl.o premises, and a'so to the (iie iM-ape, the plan of which be said ha i si. obi en at red, (Formal evidence w.i* g ven as to adve*tising the notic; to apply for licer.ss.) Butterworth said hi knew from txperiencetheiewasnotsuffijieni a'cnnrnodation he-e, apat from r.tcdays. Had repeatedly to tike in persous who cjuld not get; accommodation. Hal npiatedlyb;en totbeS rg'aat of Po.ue to assist ia getting aceommof acioii, Hal to ask the s'ation master o give shelter to women and babies, Dr. Fmdlay was preceding tociossexam'ne tbe witness mi his past career when Mr. Weston protested and Hi; Worship upheld the objection. To Dr. Findlay : Had hiard Sergeant Stagpoole s'ate that he had not bsen applied to for assistance in getting peuple accommodation, but that midt no difference to vritmss, who sa'd re 'was speaking the truth. Many of those for whom he tried to gat accommodation were Maoris ochalf-cistis.

Mr. Atkicson proceeded to ask witness questions as to character, but was stopped by the Magistrate. lo Mr. Baker: The P.emier hid visited witness' house. Mr. Atkinson: Wouldn't they put him up at the hotels. (Loud and p:o----longid laughter,) x To Mr. Biker: Wi Parala was one of thoie for whom witness co'ilJ tot get accommodation. Wi Paiati had .-■aid that the Gjvernor had stopped at his house. F. Hooker said he had known times when the accommodation here was ii sufficient, but this was gmierallj on speJal occasions, Decl.n dto expiels an opinion on the Commonwealth site.

-To Dr. Findlay: The occasions were special. Toe Gjurt adjournel at 10 p.m. till next d*y. The Committes resumed on Saturday, the Bth, at 10 o'clock, ■ Wm. C. Phillips, settler, Kihotu, gave evidence that at times he had known difficulty in getting accommo dation. W. D. Webster, agent Nor'hern S.S. Co., stated that at times such as when the northern boat was detained at Manukau, there was a difficulty in getting accooamoditisn. It would be a convenience to the travelling public to have an hotel opposite the sta'.ion. To Dr. Findlay : He was sp akin" of hotel accommodation only. It was on'y on special occjfions that the dim culty jenlarged by order of the L : c.using authority sufficient rooms might be provided.

To Hi 3 Worship: The abnormal times included the Christinas and Easter holidays. J. El win, la'e of Warra, slated that on one occasion he could not got accommodation. Farmers would i>ke to come into town to enjoy tlemse.vje ccsisionally if they could get accommodation.'

To Mr. Atkinson : The occasion he referred tt was four or five yeirs ngo. Had tried since ss he objected to putting his heid into the li.n's mouth. J. S. Medley, Secretary to Licensed Vituailera' As-ociation, s*id he kn u w of p-titions circula'ed by the As>oiiation for signature. Mr. Baker: Who e giged counsel for the Asociation % | Dr. Findlay : I object. Mr. Baker : Very well. His Worship ruled that th 6 question wa9 not relevant. To Mr. Baker : A man called Hacker was paid £5 by the Associatioa for obtaining signatures' to the petition headed by Dockrill and others, Ucder-

ttcod the man employed did bis best, but his time was limited. Knew Mr. Snoll got up the petition from the Bell Block settlerr. This pjtidon was also handtd to the boI citors for the Association.

[4 11 argument here ensued as \o the right of Mr.' Biker to trtat hi* witness «s if he wad nn adverce wants*, Dr. Findiay protesting.] Sjaell was paid £7 10s, which included coso of engaging ball at Bell Block, advertising, and going round getting signature*. Snell told witness that he was not sure he would put the petition ii:i u ilefs he was paid his expenses. I Took the petitiou without inquiry asj [ to vnlu>i of the signatures.

To Dr. Findiay : There was no ar.angefuent by which Uarkcr was to go' Is a head for the signatures. He was paid a lump sum. The petitbu frcui Bell Block did not.emanata from tt e Aiso.'iation. The.'e w. sno piyni.nt of Is foi' e.ch signature to that po inon. Hud no knowledge of anyone wishing to withdraw their signatures; ratht-r the other way. The statement that Is per hiad was paid fur tignaturei for false. The S.M. stated he bad gone through the Bell Block p.-tition aod struck out tho3o who livcid beyond the distance permitted to objector*, thus leaving 91 instead of 160 names. Mr. Weston asked that a no'e should be made of his admission that O'D.iscoll wa3 the owner of the Bell Block Hotel.

Mr. Atkinson required Mr, Q'Dris-j coll to be put in thb b.ot. i Albert James O'Driscoll, a young boy V/S6 sworn and askeJ by Mr. Weston if lie was the only child of his parents. (Loud laughter). Dr. Ficdlay inquired if the boy's father was to be called, but Mr. Baker declined to commit himself on the point. Dr. Fimilay to witness; How do you know you are t' e only child of your parens? (Loud laughter) Witue s looked in b'ank as'on'shmint, but d d n"t reply. Ti.e b.y's father from \he body t f ihe Court interjected the remak that he had told the toy so a'id tha'. was hnv he krew, In rep y to Dr. Findliy Mr. O'Dri coll offered to go into the hox, but not peimitted to do so by hid counsil. Dr, Fi dlay warm'.y insisted that O'Dii c 11 should he called es awitne-s. Mr. B.ktr declined to state whe.htr or not lid w,<uld be called.

Nicholas Maloney, foreman at the Railway Sta'ion, tes'.ified as to occasional difficulty in obtaining accommodation by passengers, and also as to increase in the traffic, S rgean- S agpoole gave the same evidence as to. ttCv.ommodation providtd .it the various hotels as he had j) oviously given; also as to statistics uf [Opuldiion. lie said the.e was always a difficulty in getting accommodation fcr Maoris. No one cared to take them in.

To Dr. Findlay : His official report was against the license now applied for b'ing granttd. Had heard of the arrangements for Maoris in Auckland, Was endeavouring to get something -imilar heie. Tne mittor had been taken up by two or three gentlemeu mi he hoped it would be carried oat. To Mr. Atkinson : Had no 1 ; received tiy compaiuts of Eu opeaos being unable to obtain accommodation. Mr. Atkinson: You are a relative of Vlr. O'Drisctll, I believe, Witness: Yts; brother-in-law. Mr. Atkinson : I must say yon hive given your evidence very frankly and fairly. To Inspec'or Gillies : Had over 20 years' experience in the foice. It was cjmmon to all towns that atiaca times there was a difficul'y iu finding sufiicieat accommodation for vsitos. Licensees and boudinghoube keepers vvou'd not tike Maoris in. An adlicei sed hojs c . was tot requite! in .New jfiymuuth.

'Jo Mr. Biker : Further boatding accommoda'km was rtq iir<)d, but not a licensed hou-:e. Mr. Weston at this bo put in the papers in ci unction with the application for removal of the Bsll Biock license, a'so to hand in a noti:o uf withdrawal. Dr. Findlay objected and staged his grounds. The Magistrate said id w*s a document for the C'krk to receive and make arc 'i'd of. The notice of withdrawal was then handed to Mr. Holmes. A. EL Holmes, Clerk of tho L'ceiuing district', was then sworn, and asked by Mr, Weson to produce sll the paiers connected wiiithe Bell Blcck license.

D . FindUy objected. 1I« said the whole of the arguments and evidenc the previous day were adduc-d on the jssu'mption that the fall number tf licenses existed. He had asked counsel fjr ihe applicant to intimate whe'hsr he did or did Lot withdraw the B-ll Block licenee, and Mr. Baker bad dec ined to answ. r tha qu stiort. He submitted that it was wholly improper ind illegal to ch-.nge tha s'ate of cirumstences in the way pr iposod. If tbiscourse were parmiitodit w»s qui'e po tible that at the eleventh nour another licensee might give up his license so that Mr. G jvett's client, (Mr. Saile) shiuli get a Jicen-io. Tha ap plication was au attempt to get lound His Worsbip's decision to hear all the applications for new I.censes. Mr. Govott's sate had Leen heard and dealt with on the sam.3 assump'ion, It wa> a delibsrate attempt .to perpetrate a fraud on the ttatutp, and if His Worship de-iided againt the protest he was making ha would ask a note of his object.on to be tmeu.

Mr. Atkicsjn the papar was a nullity. Mr. Baker pro*ested. Mr. Atkins >n insitted that there was no power to adopt the pr posed course Mr. Govett clim:d tbat he should have an opportunity of using on bshalt' of his client (Mr. Searle) the evi dejco used in O'Driscoh's case, aud that he should oe put in the sunn position. Mr. Wright (in the absence of hi, putnnr, Mr. Hutchin) put in the same cla ui on behalf of Mr. Btvncan, Dr. Fiudlay : Mr, Gjvett has asked for onsiiie ation of hisposilim, but he hid co locus standi. If a h-g,l proceedihg meant nnytbi-'g, thea Mr. Govetl/s application was close J last night. It oniy emphasised the breach lot' the regulations lad down by His j Worship on the previous day, , Mr. Gjvett contended he tea? en'itlei to use for his ca-.e miteriil evidence that ha I re<jn discoveied b fore a decision bad been given, Mr. Baker said the raa'ttr se med to have caused a flu t r in tha opp sifion camp. Were pll the lawyers lound t a table, fto.n Wfllirgton and tlseivhtre, so childish as to tuppose a licence woull to', bi wi hdnwn? It wa} known all along that this would be the ca-e. '.. '■'

The MigiVrate said he would not I confuse; the is3U|B. thel evidence could bl taken ; 2, If taken,| was it legal; Wd 3, bad Mr, Govett a

right to intervene, It was idle to ask his ruling, as he had no control over a licensee withdrawing his license. On the queetLn as to whether the clerk should give evidence oq formal documents in his possession, be ruled that it was perfectly rightand proper tor him to do so.

Dr. Find lay : I ask Your Worship to tike a n te of my objections. His Woi'uhip: Certainly. Whatsre ..hey ? Dr. F nd ay : 1, As the application came btforo the Committee when the full number of licenced p.emises permitted by the poll existed, no evidence to hhow that the number of licensed houses his been reduced binee this hearing commenced is admissib'e; 2, that this Cmaiitfcte must hear aod determine this application in tbeci cumstances which existed at the cjmmonceuient of the! inquiry and confirmed until 18 witnesses had been examii.ei. Mr Atkioton that a note of his objection thit tbe document of withdrawal ought not to have been received by the clerk, has no legal s'atus prtifect, and is irrelevant to ti.is enquiiy.

His Worship noted the objections. Mr Holmes produced notice of re newal filed on Bth April last, and no,ice of withdrawal i.f application for license for Bell Block Hotel. Mr G vett asked that the a ime documents mighc be considered as put in in his case. His Worship: The document doe 3 not afl'ect the of the Clerk of the Cum t, and attests all parties alik.*. Mr Ho'mes to Mr Atkinson : There I were 16 applica'iona aLd 13 licenses. The no'ice of withdrawal put in will be attached to the apj 1 c .ton for rer.ewal. The other would ba laid before the Commute?. The number of applications »ould remain at tLe Bams num- , ber as befq e.

Mr Weston said his evidence was cl ee', and he proposi dto for an adjouinmsiit fc that when the app'icatioD f r renewal was called on he could withdraw y. His Worship wuuld thwi htve juritdi tion tj decide on the ttr.e app'ijuions for new licensee, which fchould»bj cousiderel on their merits. Dr. Findlay said he felt sure that a Magistrjtu of s ich experience and self ie-ipect would n ;t commit such a sommersaulb, as that involved in l acceding to the course suggested by Mr Wcstou. He referred to the imputation cast on Mis Worship the previous day, acd said he did i.o. for a moment join or concur in it

Bis Worship: Tuank you Dr. Findlay. Dr. Findlay then asked that the Court should grant a license to Mr. O'Driscoll. Hi to k the full responsibility for the request and by taking that course the Magistrate would bo telieved of respansi ility. He further asked that the license be gianted now as it would then be op.'n to him to take steps to tea's the gra'jt in the Sup-atne Oturfc. Mr. Raker could not agree to the ptoposd course and sated his reisons. Dr. Findlay asked that the fol'owing nota be made by the Magistrate : " On ihe applicant's cise being closed Dr. Findky, for tha objectors he represented, the Committee to grant to the applicant the for which be applied, atd asked couns»l for the applicant to agree to thit ieq' e t, Counsel Lr the applicant d clined to agree to tbe liconse being now granted to the appli tnt; counsel for the objectors agrotir-g to waive ell objection*, except thosb already raised by way of prelinvnaryo 1 j ction,"

Mr. Bakor applied for an amendment of the no'o on iha grcund that it was not corr ct. Dr. Findlay : As a trst of the accuracy of"the n'.te I lepaat the question to Mr. Biker in the form of the no'e. Mr. B ker declined to answer the ques'.ion and he would make no bargain. Dr. Ficdl y said th it as tho Magistrate agreed with tho accuracy of the note he was content to levve the matter there. Mr. Wes'on applied for the following no k e to the ruade by the Magistrate : 11 Mr, Weston stated he had clo>e 1 his evidence, but he «iahed to reserve his right before tin case was finally closed to ask that the case bi adjourned in order to enable the application for renewal of the Bell Bl ek Inn to be culled on at.d withdiawn if necessity.. Mr. Aikit son applied to have tin •pplio tion rbfused, and then it would '■em an for the other side to prove the need for an additional license. The Bench then considered the busine?s of

TRANSFERS. The following w ra g>anted: -Criterion I lotel, J. Taylor (Mr Samuel) to D. Thomson; Ok o o Hotel, D. Kibby (Mr Samue.) to Alex, B.ik>ir; 0 ikura Alex. Bake (Mr. T. 8h tiler Weston) to T. Smart. RENEWALS, Mr Samu 1 applied for a renewal o c tin publican's license of the Criterion 9o<;el, su'-'jec'; to the same conditions is 1 st > oar. Mr S atiford sud he wo tld like to make a fow remarks at this stago. It would be necessary to make inoprovemen's in the mat'er cf fire • scapes. Mr Samuel said that his client was willing to attend to the matter at once. The application was granted, the S.M. saying that hj» wag satisfi. d with the genaral c ndition of the Intel. Mr Weston appeared for Mr A. G. Bishop in support of an app'ication for renewal of tte Ked Home Hotel licen-e.—Granted. The S. M. said this hotel was peculiarly well adapt-d to facilitate escapes of inmates should fire occur.

Mr We tin agoliedfor a renew ,1 of th« liofna > of Terminm Ho e\ Mr S ai.ford said it would be nee s*a>y to eie.;t a balcony on the St. Aubyn street fron'age, and to attend to the chimn ys at their junction with the roof. It would also be necess»ry to have a loose ladder attached to the bal ony. In futuie he would make he e conditions mandatory—not as in the p-st. simply directoy—si that if he considered it necessary he could, at i he first quarterly liaen-iogmeaticg, revoke a license. Fire-escapes should bb at It ast five feet wid°, and be placed at anangleofootl'ss than 45d-grees to the gr A landing was required in the middle of the escape. In imposing thee conditions he wss to a gieat extend influencei by the terrible fatality at Auckland a few days ngo. He felt that a great responsibility r sted upon hisa in t ematter, and that if a similar ca'astrophe were to o?cur hi re for which he had not recommended any pie.'autionary me.isure', a great blame would rest up">n him. He w Mild, whili taking all precautious, endeavour alsi to study the 1 rga interest- of the license's also.

Mr, Wes'on said that if the Bench would let the matter stand over he would be able to say BOimthing on it, Mr. Staudfori; I will sdjonrn the

application to the 13th. Mr. Weston then applied for a renewal of the Whi'e Hart Hotel licens?. Mr. Stanford: To this hotel my previous remarks apply. A balcony must be erected along the Devon and Queen-street froatages, and the kitchen chimney requires attention. I may | say here that all improvements I have i ordered should be put in hand within, . say, one month. I will adjourn the I application to the 13th. Mr. Govett applied for a renewal of the Imperial Hotel license. ' The S.M. said this house must be rebuilt within 12 months, as a goed portion of it was now really unfit for human habitation. In the meautime all precaution must be taken against fire, and a night porter put on at once. Mr. Qove'.t said he would like to consult the licensee, and the application was adjourned to the 13th.

Renewal of tbe Breakwater Hotel license, on the application of Mr. Saniu«l, was granted, subject to the width cf the fire-escapes being made five feet. Mr. Samuel applied for renewal of the Okato Uotel license.—Granted. Mr. Samuel asked for a renewal of the Eahotu Hotel licence. The directions previously given by the 3.M. had been car.ied out.:. The application was granted, but the fire-escapes must be widened, otherwise, Mr. Stanford said, the hotel was now very satisfactoiy. Mr. Samuel applied fur a renewal of the Taranaki Hotel license.

Granted; but a balcony must be erected on the Broughatn-streat frontage, and carried round the building. He thought it would be necessary nexfyear to oider the rebuilding of the front of the hotel; but me in time he would not order it. Mr. Samuel said the bouse would be inspected by a competentarchit.c h j, and if found advis»ble the front would be renewed before adding the balcony. A renewal of the Oikura Hotel license was granted, on the application of Mr. Weston, Mr. Weston (for Mr. Welsh, of Hawera) applied for a renewal of the Heirs iof e l, Opunako. Though somewhat late, the alt rations ordered, »•« a balcony, were now in baud. —Tbe application was grantd. Mr. Wes'on also applied for a renewal of the license of Knowles's Opunake Hotel.—Granted, the SM. saying the al'eratioLg which had been nmde were quite satisfactory. Mr. Stmford than said thatbofore, at, and after the lat>t licensing meeting he bad made certa'n dem irdson licenses. He went to each one, and told hiinhecoiisideted the knotted ropes placed in bedrooms for firo «scape purposes were useless, and suggested that wii e Udder* should lo substituted. Each had met him i\adily and agreed wi'h the suggestion ; but he could only hear of one cass whtre it was carried out—at the White Hart. No other hid done so. He bad been met in a most affib e maimer, and yet not one of his requirements had ben carried tut, and he warned licensees that it jausS not occur again. Mr Samuel said that in cases where there were balconiis it was ha-dry necessary.

Mr Stanford said his r marks regarding the rof.es did not apply to houses with balconies, but it would be necessity that bedroom windows shoull be prnprly hucg, top and bottom, to facilitate a poison's egi\fs in case of fire. THE VILLAGE INN AT BELL BLOCK. Mr Baker B.id a withdrawal had been suhmit'ed of the application for ren-w-1 of the Vil'age Inn license. Dr. Findlay objected to this b«ing tak n. Mr Southy Baker submitted the Bmch could not deal with the mat'er*. It w<is dead, and no o v >jeciun cmld be raised, Dr, Findlay : If the Bench ha* no jurisdiction why should any application to withdrawal le mide ? I would ask was any application made just now to withdraw that application. The S.M.: I unders'and it to be that Mr Sou'hey Biker gave notice tha' the application was not being proceeded wi h. Mr Southey Baker: Tha*: is so. Dr. Findlay said if that was so he wa< satisfied. Mr Stanford Admitted he had no jurisdiction in the matter,

THE COMMONWEALTH HOTEL. The application for a new 1 cense f. r these p'emi-ifs was ag<in considered. Dr. Fiadlay then argu d, in support of certain petitioners' objec'ions, against the granting of a license to this house. Referring to the p»rs ma'ity of tha Bench, Dr. Find'ay said he koked upon the S.M. as one who, unlike an ordinary popularly elected Committee, would take up tha ettitudo ef a purely legal alminUtrater. A more impudent ttempt to evade the I c;naiug law was no k , ie submitted, before made in this oo'ony. The license of th* B Jl Block HoUl was allowed to lips". A few months b fore a new lcensee, with rao r .ev, couiage, and ingenui y, appeared on the scene, and bought the dying license at Bell B'o.k for a la r g« *um. Immediately afterward a new house, intended for a hote', wis ejected in New Plymouth, A removal wa* now asked of the Bell Bl ck l'cense to New Plymouth. Under the old 'a* he would have applied for a new license, but tha L°gisliture had p'ace I a p'ohihition on the issue of a n<*w license, and for bad» the removal of a licjose for mire than a quart r of a mila. The Magistra'e had been asked, sitting on the Bench, to aid a deliberate fraud on the Licensing Act. His first ground of objection was that ' he license was not required. Thrf p lice paid it was not requited. Then he would show that the Mayjr's evidence given on the p-evious day was unreliable Since last March he (Dr, Findlay) could prove that the full campl-*-nu-nt of gus'ts had never been in the New Plymouth hotels. On very exceptional ocea-ious only there was a txoa accommodation. He submitted tha Mr. Baker's points were not app'icaMin this Every town was on special daysoverc-owdod, but in wa[preposterous to say that because if nn occmonal congestion of traffic more hot Is should b) allowed in the community. He referred to the evidence of the conti actor and Sergb. Stigpoolo as to tha condition of tha building c>n the 16th May, the d\y on which not'ce was given of intension to apply for a license. It was then in a wh >lly unfinished state. He cited the case of the Newmsrket Hotel, reported in volume V of the New Zeal.ind Law Reports, page 421 ; also the casa in re Waipawa Hotel, vol. VII., p. 735 ; aud Faloner v. Wil.iimi, vol. XIV., p. 532. Dr. Findlay asked if the 8. M. would not hold that a hou«e which was " built," as the Aot stated i', was "compl-t.d," where wou'd he draw the Hue? The 16th May must be taken as the paint of time at which the condition of the house must be considered. He then recapitulated the judgments (tod opinions given on the cmm

cited, and went on to nek how it could be suggeited, until the rooms were (rally divided and fitted up, what they were likely to be used for? They might be uu-d ai a stoie or dancing hall—things strictly forbidden by the law. ] t could not be told from the divisions made when the memoria's had te be put in, what the rooms could or would be used for. He submitted that a ctrtifLaie of fitness must be put in, in terms of sub-Section 2, of Section 12, of the Act of 1893. Then again, there was no prjof that the applicant had any title to the premises, and this S'.emed a fat.il objection. Mr. Sauthey Baker submitted that it arose from a misunderstanding on his put. Mr. Weston bad produced the documents and ho thought Dr. Pindlny had admit ed the proof. Dr. Findlay was saying that he had bien prepared to do so When Mr. Atkinson rose to his feet and said he had stated he would admit notbing.

Dr. Findlay said that it was us lea for him to admit anything unless Mr, Atkinson did so as well. Dr. Findlay theu called Alfred He,nry Brynne, clerk at the Criterion Hotel. Ho had a record of the guests at the hotel sime 24th March last. All available aocommodaton had not on any night since that dtte been taken up. There were 14 or 15 beds vacaut on the night on which Mr. Major had raid he could nob gat a bed unless someone was put out. Mr. Southey Baker said the witness should be told what Mr. Major really said was that he had inferred that someone would bj put out. Dr. Findlay read a note of the evidence, repeating Mr. Baker's objection. Witness, continuing, said he bad never been rung up by other hotels nor had he rung others up to say that they we.e full. He considered the present accommodation for the public in New Plymouth was tufficient, exeep ing of course on extraordinary occasions. The witness was briefly crossexamined by Soutbey Baker. Reexamined by Dr. Findlay: No had been mtde of the town io witness's knowledge, by persons wanting accommo lation during the past Lw months. Mr Soutby Baker asked that the Bench would admit proof of title to the Commonwealth premises. Dj. Findlay objected, but said that if the Bench did a low the applicant to re open his cise to submit a title it should be on condition that the applicant himself was put in the box. Mr Stindford said he thought the proof of titU was admissible. He referred to recent decision of Mr Jusice Connolly, who held that new uoattrmijit be introduced intoaciseif it w. re relevant, to ae proceedings bad not concluded.

Dr. Findlay said that in that case he would admit the proof. Tliis was the end of the one on which he appeared. . Mr Atkinson, in reviewieg the case, said: The farce to which they h.id all—the Bench, Mr Baker, Mr Weston, Dr. Fiudlay and himsalf - been trying to give some appearance of solemnity, waa drawing to a clrse. The Bjnch, however, had before it a dffiiult matter for decision, Mr. Atkinson then enumerated liu objections to the granting of the license. Ihe vital po ; nt, which the Magistrate would have to decide as a L'cenring Ooinmi tee and not as a lawyer, was as to whether another licensed house were required in tie neightourhood. The wi.ues-es, be said it in a 1 seriousness, ,were a very creditable lot—to his friends. But he was gratified to find thai all the witnesses were resectable, and did noi seem to be possessed of any I unquenchable thirst—a fact rather noticeable and un'que in connection with Licensing Committee business. The general opinion was that on only a f,w special occasions were there any ctses of peiple being unable to obtain accommodation, He also referred to the Sergeant's tes'imony, wbich stated that übs jlutely no complain's bad been made of any want of axojunoda'ion in the town. In onclurion, he said he B.ncii hxd to be sa'isfied of the license being required ia the neighbourhood. M". Soutbery Bik*r had said the onus I<y upon the obj ctoi s ta prove otherwise; but he (Mr. Atkinson) submits d that it waa pla nly the duty of Mr. Baker to show that i ■ ««s requ. red. Tueie could ba no n comity Lr the hou-e, u:ider section 75 of the Act, and he Bubmiitdd that if the Bench granted the applies ion it would be partic piting in a most barefaced fraud up»n the lie using law. Hethenca*led J remi h O'Driecoll, who stated he was o-vner of the VilUge lun Hotel at BellßLck.

Mr Souihy Baker sail he wou'd ask the Bench to restrict Mr Atkinson to question* as to the need for more accomodation. Ho had no status on any uther gi-oun-l. Mr Atkii.son said be propose 1 to get from the witnos an admission that he bought th'i hout>e, knowing it to be condemoeii, atd in the belief that he cjuld get the license removed. The S.M. siid Mr Atkinson t-hould have given notce of the questions he inteodod to ask the witness. The only qußbtiona h* could have put were referring to character, aod on tUs the witness was enti led to an adj urn-m«-nt.

Mr Atkinson said what he prop-sed was to get an adtu'Siion tha Ball Block license was bought, and intended to be dropped so as to pply for a new one in anothtr place—in this town. Mr. S a- ford taid that even supposing all that were true, he did not tee that it proved th'i " fraud " referred to by M" 1 . Aikinwn. After argument by Mr. Atkinson, ths Beach mud no objection could bi tiken unless notion were given t xcept ai laid down in S ction 62, aid ,h»t ace rJ'ngly it was inadmUs.bleto attempt to prova tfcat the xpplicmt hjd bought a licen el house in tha soma district wich a visw of allowing the lie ns* tj !aj se and applying for a license for a house more than f jur miles away.

Examination continued: The house for which the new license was b;iog applied was witn rs\ Mr. A kin on proc edel to ask if witne s wa« Mipp'yipg tin money hiin- *■ If for fie Mr. Southey Bjk r obj cted to this queaion, and »ftet some discussion the Bench taid the qu stion was inadmissible; but in djing ao admit'ed ihat the metnorwls of the objecors w.re so bally drawn up that counsel were in an awkward position. He ruled t hat the law only allowed three grounds of objejtion at the hearing to co jcsel Appearing for mem rialiafs, an! notica o: thete grounds must be given to the pa»ti«s. The wi'ness wisthendi<misicd from the b"x. Mr. Southey BiWr th nreplielto opposing c mna«l'd adJress. s. Mr. Weston drew attention to vil. IVL, N.Z. law Reports, p. 660, [as referring to the question of the condition of the Commenwealih premise*

on 16th May. Dr. Findlay objected to Mr. Weston, M junior counsel, tpe iking, saying that Mr. Wright, who appeared wi h him, had not done so in acccrdan e with usual precedent. The Bench upheld the objection, and he case was adjourned until Thuisday next. The proceedings then closed at 20 minutes to 6 p.m.