LICENSING CASES.

Star (Christchurch), Issue 8120, 20 September 1904, Page 3

LICENSING CASES.

. « — — CHARGES AGAINST PUBLICANS. This morning, at the Magistrate's Court, Mr W. JR. Haselden, S.M., gave judgment in the cases in which Reuben Ogden, licensee of the Shamrock Hotel, had been charged with having permitted drunkenness on his licensed premises, and sold liquor to an intoxicated man. The Magistrate said that on the first charge the defendant must be convicted. He would be fined £5 and costs. Tlie second charge would be dismissed, on the ground that- it was practically included in the other cas-e. Edmund Power was charged with having permitted drunkenness on his licensed premises, the Masonic Hotel, on July 5. Mr Stringer, who prosecuted for the Crown, said that the proceedings arose ia connection with a fracas in the right-of-way of the Masonic Hotel, in which a man named Alexander Ballantine bad received mortal injuries. Mr Russsll, for the defendant, pleaded not guilty. Henry Holmes, hairdresser, said that he and a man named Thomas O'Connor had met Ballantine on Oxford Terrace, between three and four o'clock on the afternoon of July 25. Witness was sober, but. he way not sure about the condition of his companions. They went to a private bar in. the Masonic Hotel, and witness remained there till about a quarter to nine in the evening, and the others had stayed about two hours and a half. They had been drinking during the greater part of the time. Ballantine had seven or eight drinka of whisky, and O'Connor had about the .same number. The latter was staggering when ho left the bar, but Ballantine was not so bad. Witness himself was^slightly /under the influence of liquor. 0 Connor had returned to the Masonic Hotel between one and a half and two hours after his departure, and one of his ears was bleeding, and his clothes were dirty, but he was sober. O'Connor had no drink tins time. When witness left the hotel, at 8.45, he was slightly under the influence of drink. He knew nothing of the incident fn the right-of-way till after it had hap, Pe Sross-examined by Mr Russell, witness said that he and his companions had ereaSd no disturbance. They were all slightly under the influence of liquor, and wen U toh Taylor, bpotma&er, said that at 7.45 P P m. on'july 25 he -^O'Conno^and Banitine in the Masonic Hotel right-of-Say O'Connor was drunk, Ballantine hid W "a few drink*," but was not d ?n k reply to a question from Mr Russell, witness 1 said that O'Connor's s tigering was the only sign tbat he was drunk. John WUliam Munro, » baker said i tha* , between 3 30 and 7.Z0 p.m. on July 25/ he bebweenjxou ™ d Ballan tine m the :"a™tr o?Z Mionio Hotel, end they ffadSkeach. . O'Connor was under the "& sSSe said that heWt his brother Alexander and Thorny O Connor in the Masonic right-of-way at about /.£> ■ , p m on July 25, and they were both drunk ! (^Connor struck witness's brother a slight i blow, and the latter fell. -,-__. ! Mr Russell submitted that it could not be proved that tliere had been anything in the demeanour of O'Connor to show that he Eaid been. drunk on the evening in quesI tion until after the one drink which he had | between 6.30 and 7,30 p.m. with Munro. i Mr Haselden said that he had heard all I the evidence given at the inquest touching tbe death of Alexander Ballantine, and it would have justified a verdict of "Killed in a drunken brawl." Edmund Power said that he had spoken to O'Connor and other men in the private bar of his hotel on the -afternoon of July 25. They had remained there for about an hour and* a half or two hours, and during this timo he had seen nothing in O'Connor's appearance or conduct to indicate that lie was drunk- Witness thought that he saw O'Connor for the last time in the bar ab about 7 p-*m-James Power, a brother of the licensee of the Masonic Hotel, said that he -saw O'Connor in the private bair on July 26 at about 4 p.m. and at about 7 p.m., and saw no sign of drunkenness on him. Annie Lawlor said that she wag serving in the private bar of the Masonic Hotel on the afternoon of July £5, She did not re*member having seen O'Connor before. 5 j p.m., when she went away for lunett. but ssvw hlro when she returned at seven o'cloch, and there was not tho slightest indication then that he was dfunk. He had a " whisky and ginger ale," and left the bar between 7,15 and 7.30 p.m, She had not seen him again that night. He was perfectly sober • when he went away. j Mary Malpney. a barmaid, said that at about half -past -tour o'clock on the afternoon of July 25 O'Connor had been in the private bar of the Masonic Hotel with A. Ballantine and Holmes. O'Connor had been served with whisky and ginger ale three times. There was very little whisky in the mixture; O'Connor Avaa sober then, and when she saw him again at seven o'clock there was nothing to suggest' tnat he was the worse for liquor, Charles Hoddinott, a furniture manufaq** turer, said that he was in the bar Between 6 and 7 p.m. O'Connor was there with three or four other young men, and A. Ballantine was amusing them with some trices. He considered that O'Connor was sober. . Alfred| Hudson, a nightwatchman, said that be had been in the bar for about threequarters of an houy between 6 and 7 p.m., and he did not notice any persons there the worse for liquor. Charles Oakes, a music teacher, said that he was in the right-of-way by the Masonic .Hotel at about 7.40 p.m. on July 25 4 and saw three n^en on the footpath at the Cathedral Square end of the alley, looking towards Warner's Hotel. There was notb* ing in their appearance to show that they were drunk. He heard a senffle, and two of the men fell, one on top of the other. John O'Connor said that he had been in the bar of the Masonic Hotel at about 6.45 p.m.' on , July 25, His son Thomas was Tthere, but went out soon afterwards. He returned in half an hour, and went home to tea with witness. There, was not the slightest siflfn that his son was under the influence of liquor. The Magistrate 'said tbat he would give judgment next Tuesday.