THE LICENSING ACT.

Star (Christchurch), Issue 5487, 12 February 1896, Page 2

THE LICENSING ACT.

■ • " : — '.■» . ' v l ':.;- - ALLEGED SUNDAY TilADlirG. At the Lyttelton Stipendiary Magistrate's Court this morning before Mr E. Beetham, S.M., Thomas C Hickson, licensee of the Albion Hotel, was charged with supplying, beer to George- Nelson ' and C. V. Espling, on Sunday, Jan. 26. Sergeant Butledge prosecuted, while Mr Deacon defended. Constable Moore deposed -that he was on duty on Jan. 26. Saw Nelson and Espling oh Norwich ' Quay. Espling had been drinking. Watched them go into tho Albion Hotel by the .side door. Witness followed, and saw the men standing at the door of the room leading from the taproom. They each had pint pots, and wero drinking beer. The bar door was partially open, and .the licensee was behind the bar counter. Saw no money pass. Witness said, "What is the meaning of this, Mr Hickson, serving these men with drink on Sunday?" Hickson replied, " If s all rigfit, old fellow; I gave these two men a beer, but Ii did not take the money for it." There was no other person present during this conversation. Cross-examined: The licensee has a good reputation m Lyttelton. George Nelson, a fisherman, deposed that on Sunday, Jan. 26, he went into Mr Hickeon's house and asked for a glass of beer. Told Mr Hickson he had.no money, and Hickson said he would give witness two drinks. To his Worship: Had j known Mr Hickson since he came to Lyttelton, And frequented the house. Was in the house on the Saturday night previously. This was the case for the. prosecution. Mr Deacon called Thomas C. Hickson, who deposed that on the Sunday in question, he was coming out of the bar when he met the two men, Nelson and Espling, who asked for a drink - and said they had no money. Gave them two pints of beer, and as they were drinking it the constable" came in. No promise was given for the drinks to be paid for at a future time. Nelson was a regular customer, coming with othor fishermen; had never seen him there on a Sunday before. To Sergeant Eutledge : It was on the consideration 'of his being a customer that witnesa supplied the drink. His Worship said that, having regard to the importance- of cases such as these, ho would take time to consider his judgment. As they knew, in cases of this sort where the charges were proved, he would not hesitate to inflict a, severe fiiie, and' as a matter of fact, the endorser ment which followed was more serious than any fine the Court could inflict. He had two issues before him, firstly as to whether he believed the evidence, and secondly as to whether the evidence did not actually disclose a transaction strictly in the nature of a sale. The case would stand over till next Court day.