THE PRINCE OF WALES CASE.

New Zealand Illustrated Sporting & Dramatic Review, Volume XV, Issue 858, 16 August 1906, Page 20

THE PRINCE OF WALES CASE.

In regard to the charges against Mr. Jackman, which were heard some little time back, and regarding which judgment was reserved, Mr Kettle, S.M., gave his decision last Saturday morning. David Joseph Jackman, the licensee ,was summoned for supplying liquor to a drunken person, and permitting drunkenness upon his licensed premises, while Alfred Pyman, the barman, was summoned for supplying liquor to a drunken person. Mr. Fallon represented the Crown solicitor, and' Mr. J. R. Reed appeared for the defendants.

His Worship stated that a plumber named Morrison secured drink in the hotel on the evening of July 14. Evidence was given showing that Morrison, when he sold some tools between 2 and 3 o’clock in the afternoon, was drunk, Pyman admitted that about 6 o’clock he served Morrison, and there was no doubt that the police were right in saying that Morrison was drunk when they found him in the bar at 7.45. The barman was busy, and it was quite possible that he was honest in saying that he had noticed Morrison’s condition. However, the legal position was that knowledge was not necessary in a case of this kind. The evidence would not justify him in saying that the licensee knew the man to be drunk. The hotel, he understood, was one which had been troublesome to control, and Jackman, who recently took it over, was doing his utmost to clean its reputation. The magistrate said he felt that in some houses, which were more places for drinking tlvn for accommodation, it was very difficult for licensees to conduct them without in some way infringing the provisions of the licensing laws. Where there was great danger there should be an equivalent amount of care, but he thought under the circumstances that the justice of the case would be met by fining the barman Pyman £2 with costs, and suggesting that the information against the licensee be withdrawn. Mr. Fallon agreed to the course suggested by his Worship.