BREACHES OF THE LICENSING ACT.

Star (Christchurch), Issue 6706, 20 November 1889, Page 3

BREACHES OF THE LICENSING ACT.

_c At the Eesident Magistrate's Court tbis morning, before E. Westenra and G. Eoberts, Esqs., Eliza Savage, licensee of the White Horse Hotel, was charged with having on Nov. 3, supplied liquor to four men and a lad not lodgers or travellers, during the time when tbe hotel ought to have been closed. She admitted that three of the men had been aerved with drink. Inspector Fender said that this was a firsb offence, the defendant's house had hitherto been exceedingly well conducted. He was afraid, however, that the night porter was in the habit of selling after hours, without the knowledge of the licensee. The Bench inflicted a fine of 40s and costs, the conviction to-be endorsed on the license. Henry George Sheppard, licensee of the Jubilee Hotel, was charged with having, on Nov. 3, supplied Patrick McAllister, not being a lodger or traveller, with a bottle of brandy, during the time when his licensed premises were directed to be closed, and also with keeping open his house during such time. Mr Stringer appeared for the accused. Patrick M'Allister, a Bhearer, residing at Sydenhani, stated that between two and three o'clock on the morning of Nov. 3, he, with some other men, went into the Jubilee Hotel. He was served with a bottle of brandy by the night porter. Some other men who were thero made a disturbance, and witness fetched the police. Did not pay for* the bottle of brandy because the row put it out of hia. head. Had not paid fcr it since. Knew the night porter very well, and knew that he would have trusted him (witness) for the brandy. To Mr Stringer : Witness aßked for a bed, but did not intend to Btop. Could not say whether that waß before or after he asked for tho brandy. The night porter let witness out to get tho policeman. Lived over half a mile from the hotel. Did not recollect telling the night porter that he had been shut out of where he lived. To Inspector Pender: To the best of his belief it was after the disturbance that he asked for the bed, but was not sure. James Hammil deposed that he wont to Sheppard's hotel with M'Allister for a drink and to stay there, having been shut out from the Prince of Wales Hotel, whore he lived. George Dunn and William Ferguson (a resident in Barbadoea street) gave corroborative evidence, and stated that they had not heard M'AUister ask for a bed. Detective O'Connor deposed that about 4 a.m. on the morning of Nov. 3 be went to the Jubilee Hotel with Constable Dougan, in consequence of what they had been told by M.' Alliater. They found about ten men in a room at the back. Mr Sheppard came down, and asked the night porter if he had supplied the men with drink, and the night porter Baid " Yea." Most of the men were reaidents of Christchurch or Sydenham. The night porter had been at the hotel for about a month. To Mr Stringer : There waß no liquor about when witness entered the house.. There was talk of a bottle of brandy. To Mr Pender : Some of tbe men present had been convicted of stealing. There was a lot of rowdinesß about tho town that night. Constable Dougan (to Mr Stringer): M'Allieter said that ho was stopping at the house, and that his mates and himself were being annoyed by some spielers. Mr Stringer called James Pateman, night porter at the Jubilee Hotel, who stated that he had known M'Allister for many years. The latter came to the house about 2 a.m. on Sunday, Nov. 3, with some otherß, and said that they wished to stop for the night. They asked for a private room, and were shown into the night porter's room, where they had a bottle of brandy. Some other persons came into the house, and were not supplied with liquor. After some talk M'Allister Baid that these persons ought to be removed, and fetched the police. The other persons were no annoyance to witneßß, but they were staying without anyreason for doing bo. To Inspector Pender : Did not serve any I drinks after eleven exceptto persons stopping in the house, or to persons who said they were travellers. None of the men who came with M'Allister, or of the other men who were in the room at the time slept in the house. The spielers came in among a crush of others. M'Allister paid for the beds when the police came: To Mr Stringer: Mr Sheppard insisted on the beds being paid for. Mr Pender said that Sheppard had not been long in the house, and there had been no complaint since he had had it. What had been Baid about the night porter in Mrs Savage's case applied equally to this. The Bench convicted on the charge of supplying liquor to M'Allister, and infiicteda line of £5 and costs, the conviction to be endorsed on the license. Richard Norman Newby, licensee of the White Hart Hotel, waß charged with having, on Oct. 27, sold John Davis a glass of brandy and Robert EusEsell a glass of beer during prohibited hours, the men named not being lodgers or travellers. He waß also charged witLkeeping^his licensed premises open during Buch time as they were directed to be closed. Mr Stringer appeared for the accused. Constable Koster deposed that at 2.10 a.m. on Oct. 27 Davis andßnssell came to him, and stated that there was a disturbance at tho White Hart Hotel. They said that they had had drinks there. Witness went to the hotel, and found some men there. The disturbance had ceased. John Davis stated that he lived at Sydenham, about a mile and a half from the Wkita Hart HoteL On Oct. 26, at about 11.30 p.m., went with Bnßsell ana another man to the White Hart Hotel, and remained till past one next morning. Had BeveraT drinks. Did not engage a bed, and did not represent himself as a traveller. Mr Stringer said , that, utfaceof th»

time of the Court. Mr Newby had given strict injunctions to the night porter not to supply others than lodgers or travellers, but it was impossible for him to be up all night to look after the man. He Buppoeed that Mr Pender would admit that the house was well conducted. Inspector Pender said that the house was particularly well conducted. He ' would withdraw the second charge. j Mr Westenra Baid that in consequence I of what had been said about the character of the house, the Bench would only inflict a fine of 40s and costs. , Mr Stringer asked that the conviction might not be endorsed on the license. Mr Westenra said that, under the Act, the Bench was bound to endorse the license. Mr Stringer eaid that, in cases such as the present, Mr Whitsfoord was in the habit of not endorsing the license. Mr Westenra said that there was no clause empowering the Bench to omit endorsing the license, and they could make no exception in this case. Michael Spillane, licensee of the British Hotel, vras charged with having on Not. 3, supplied Patrick M*AUiflter, not being a lodger or traveller, with a pint of beer during the time when the house was directed to be closed. He was-also charged with keeping his house open during such time. Mr Stringer appeared for the accused. Patrick M'Alliater, the principal witness in Sheppard'e case, stated that about 6 p.m. on Nov. 3, he -went to the British Hotel with Hammil and O'Connor. Hammil and witness goteotse drinks from a boy who was in the bar. There was a row afterwards, and pint pots were thrown about. The detective had left before that, and did not have any drink. To Mr Stringer : An old mem was clean* ing the floor at the time. Witness supposed that he diank some of the beer which he had got from the boy. Could not say that he had struck the old man with a pint pob, or broken a mirror. Was not drunk, though he had had some drink. James Hammil : Went to the British Hotel with H'Allister, and bad three or four drinks, for which M'Alliater paid. A little boy in the bar served the drinks. No one hit the boy, who did not at first say that he could not Eervo the drinks. M'Allister drank part of the liquor, and threw the rest of it out. Some of the men who had been at Sheppard's Hotel were there, and on recognising M'Allister began to throw glasses at him. He then "used" the pint pot. For the defence Mr Stringer called James Spillane, son of the accused, a boy about nine years old, who said that on the Sunday morning he was in the bar, and some men came in and asked for drink. He Baid he could not give it to them, and they Raid if he did not they would thrash him . He had to give them the drink, and they gave him money — three-pence. He wont to the bar to let in the man who waß to clean the house. Mr Stringer submitted that there was no evidence to convict. Mr Spillane could not be responsible for the acts of a little boy who had been frightened into doing what he did. The Bench dismissed the ca3e.