BREACH OF LICENSING ACT

Gisborne Times, Volume XXVI, Issue 2316, 8 October 1908, Page 2

BREACH OF LICENSING ACT

SEQUEL TO THE “LAMBINGDOWN” CASE.

A CONVICTION RECORDED

The hearing of the charges against Josopli Burke, late licensees of the Record Reign Hotel, for permitting drunkenness on licensed premisps, am for supplying liquor to an intoxicated person, wore resumed at the Magistrate’s Court yesterday morning, beforo Mr. W. A. Bartoii, S.M. Georgo Rearson said ho came to town from Mr. Black’s station early in August last, on a Monday. Ho stayed at defendant’s hotel, but could not state what condition lie was in at the house. Ho remembered going to Ansell’s house for tea, but could not say what date or day it was. Ho left tiie hotel to go home on the following Saturday, and all the time he was in town ho was in a muddled condition through drink. He had one or two drinks the day he arrived, but lie remembered nothing more, and his mind was a blank.

Kate Hansby, lately bar-maid at the Record Reign Hotel, stated that die remembered Parson staying at the hot! for about a week. She saw him in the bar on the night of August 5, but she did not remember Ansel! being there. Pearson came in after 7 p.m., and witness thought she served him with drinks, but could not say how many. She did not remember giving Pearson anything to drink but hock and soda. Pearson appeared to have had a few drinks hut did not appear to bo very intoxicated. She did not think .it right to give Pearson any other drinks, considering the condition he was in. She saw defendantsupplying Pearson with money that evening, and Pearson then paid 3s out of £1 given to him by defendant, for drinks that had boon chalked up. Pearson was not, in her opinion, very intoxicated, but he was a bit merry. She thought he was a little intoxicated.

To Mr. Rees: Pearson appeared to know what ho was doing, and spoke sensibly and walked steadily. Pearson “shouted” for six friends. "When she served Pearson she thought lie had had enough to drink. She did not think that liock and soda would make Pearson any worse than he was. To the Bench: Pearson called for whisky and soda and' she gave him hock and soda. Mr. Rees said he did not intend to call the defendant as his evidence would only he the statement of a man charged with the offence. Counsel proceeded' to review the evidence for the prosecution and’ held that the evidence of Ansell was totally unreliable. He quoted authorities dealing with the question of intoxication -ml drunkenness- He urged that there .vas no evidence of intoxication and ould not believe that the local police h’d taken action against the defendant.

His Worship said he was satisfied from the evidence of Ansell and Miss Hanbv that the defendant had rnlmplied liquor to an intoxicated person. Defendant would bo convicted and fined £lO, with costs amounting to £3 4s.

The information for permitting drunkenness was dismissed. His Worship holding that there was not sufficient evidence to support the chalge.