CHARGES DISMISSED.

New Zealand Illustrated Sporting & Dramatic Review, Volume XVI, Issue 946, 23 April 1908, Page 20

CHARGES DISMISSED.

In Wellington last week Dr McArthur delivered his reserved decision in the case against Cornelius McManus (Mr McGrath), which was heard at Lower Hutt. There were two informations laid against the defendant. He was charged that, being the licensee of the Railway Hotel at Lower Hutt, he did, on Sunday March 15th, 1908, unlawfully open such premises for the sale of liquor. He was also charged that on the same date he did unlawfully sell liquor, the purchaser of which was not a lodger in his hotel. Two constables, while outside the defendant’s hotel, saw two men enter, and following them in found them in the bar. One of the men had a glass of beer in his hand, while the other was receiving a glass of stout from the landlord, who handed it out of the bar. One of the constables said he saw a shilling in the hand of one of the two men. The other constable, who was close behind, said he saw no money, and both agreed that nothing was said about payment at the time or about a sale. The constables stated that rhe men and the defendant said they were boarders and were going to stay over the night. For the defence it was stated by the two men and the defendant that they had met on Lambton Quay on the previous day, and that the defendant had asked them to come and see him on Sunday afternoon. This they did, and spent some time with the landlord, and had tea with him as his guests. They also had one drink in the course of the afternoon. His Worship said he quite discredited the story that the men had become boarders, and on that ground he had fined them for being illegally on premises. There was, however, no direct evidence as to any sale of liquor, and, although the whole circumstances were suspicious, still there was a doubt in his Worship’s mind, and the defendant was entitled to the benefit of that doubt. Therefore, although with considerable hesitation, his Worship dismissed both the informations.