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POLICE COURT.   MONDAY, February 29th.   (Before the Police Magistrate.) Drunkenness.   A first offender was fined 5s, in default, imprisonment until the rising of tho Court. INDECENT LANGUAGE. Jeremiah McKitt was charged with using indecent language and was fined 20s, in default seven days' imprison ment. Summons Cases. oharqh of breach of publican's act. sunday morning cards. Police v. William John Young. — Defendant was charged that, while licensee of the Mill town Hotel, ho knowingly suffered drunken persons to assemble on bis licensed premises. Senior-Constable Slioehy ' deposed that about 1 o'clock on Sunday, ' 7th February, be met Constable Cameron in Koppol-stieot, and iu consoquence of information ho gave, they retnrued to Young's Milltown hotel ; there was a light in the bar parlor ; tried tho side door, hut- found it locked ; 11 fow minutes after the door waa opened and witness and Cameron wont io : saw a

number of men in tho room playing cards ; Young's wife was sitting at ono table playing cards ; saw a young man namod Hopper lying on the couoh ; he was drunk ; as Hopper loft the house ho was arreslod ; two drunken men left the house ; witness said to defend ant ' This looks well ' ; he ropliod '.They aro enjoying themselves,' To Mr. Kenny : Hopper was lying on the sofa drunk whila others were playing cards ; Constable Cameron ar rested Hopper for drunkenness when he came out ; O'Mara was drunk ; ho lives in Seymour-stroet ; the other man works' on the railway ; did not arrest O'Mara or the other man ; Mrs. Young wa9 sitting at tho table with ' a deal ' of cardb in her. ha&d ; heard a noise in the bar before I went in ; saw no drinks served ; the other two could stagger home and were not arrested ; Hopper was too drunk; all who were there left immediately ; I had some conversation with the young men ; told them thac a publican who let a number of young men in their house drinking and gambl ing deserved to 'lose his license ; tho offence was committed on the 7th February ; I neglected to lay the lay the information for a week j Hopper was not asleep ; the other man was not Cleary 5 this man followed me to the station and told me not to look Hopper up as he was not drunk ; I told him to go home. To Sub-Inspector Morris : Hopper was brought beforo the court next morning ahd pleaded guilty to being drunk ; he was fined 5s. Constable Cameron deposed that at about 1 o'clock on the 7th February he went with Senior Constable Sheehy to Young's Hotel ; the door of the bar par lour was looked; they were admitted and saw the door leading from the parlour to the bar was open : eleven or twelve men were sitting in the room playing cards; a young man named Hoppor was sitting at the sofa ; he was drunk as were also O'Mara and another man; Young was there at the time and came out of the bar. To Sub-Inspector Morris : I was on duty at . that part of the town and drew Sheehey's attention to it. To Mr. Kenny : I did not speak to Hopper in tho hotel ; ono of the men playing cards was drunk ; O'Mara came out of the hotel as we went in; lie stood on the verandah ; he was very drunk ; Hopper could not walk ; O'Mara was not too drunk to take care of himaslf and I did not take of him. To the Sub-Inspoctor : Mrs. Young was playing cards at the table; To Mr. Kenny : Do not know if they were playing ' Bridge.' To the Bench : Did not seo them from outside ; the windows look on to the verandah ; we were there 5 or 10 minutes ; no ono entered while we wore there. To Mr. Kenny: There was no dis order. To the Bench : O'Mara was not dis orderly. Charles Hopper, out of work, for merly a carter, deposed : On Sunday morning, 7th February, I wi-s at Young's Hotel at 1 o'clock ; went there about 11 on tho Saturday night ; 1 was sober when I went thorn ; had only one drink when I first went in; Mrs. Young served me ; Young was there also ; do not remember tho police coming ; I wa9 asleep on tho couoh ; the other lads told mo they woro there; the first I saw. of thom was in the street ; I was arrested for being drunk; next day I was fined for drunkenes9 ; when I went in two young chaps woro with me ; one went away earlier, but tho other came out with me; Frank Benehan came away with me ; did not see O'Mara there; he might have been there { to my knowledge no drink was sorvod after I went there ; did not play cards ; after getting a drink at the bar I went into another room, and while talk ing to the othors,I fell asleep ; four were playing cards ; saw no drinks served ; I left tbo place of ray own accord, without being put out. To. Mr. KonnyjDo not know how long I had boon asloep ; had nover been to Young's house beforo ; knew Young about the town ; I was not ill that night; I had had two or throo drinks of beer boforo going to Young's and they .did not acroo with me ; only had a 'shandy' at Young'n ; saw no dis order ; all woro quiof, ; did not see Mrs. Young in tho bar parlor ; remember going to the watch house ; walked without assistance ; I was dazed when I first, left tho house; Constable Cameron took mo to tho watohhouae ; I pleaded guilty uoxt morning ; I was not uodor the controlling influence of liquor ; I was able ^to take oare of my self t waa sitting in the room twenty minutei looking at the play | Young

was in the room at the time; I bad no conversation with him. I To Sub-Inspector Mlorria : I think I t was only a friendly game; I am 18 years of age. j To the Bench : Had my first drink at 7.30 o'clock that night ; left work before 7 o'clock ; I can't stand muoh but could stand much more than I had had ; the drink I had had and drowsi nosB made me sleepy ; I rememberedla.ll next day; I pleaded guilty next day to savo lawyer's expenses. To Sub-Inspo^tor Morris : When I left the hotel I was not helped by two others along Lambert-street. ? To Mr. Kenny : When Cameron was taking me to the watchhouse he said, ' It !iaa come at last. Yon are one of the chaps at the bridge ;' Rena han was the only one with me. To the Bench : Have not had any conversation with Young since I re ceived my subpeena. This was tho case for the complain ant. For the defence. James Cleary, laborer, depoBod that ho knew Young and was at his house on 7th February ; know Hopper and O'Mara ; thoy woto there ; witness was sober ; Hopper was alright when he came ; he sat ou the couoh and went to nlAnn ! hn wiin nnh rliHnrrlarifj . witnaaa

left before he went out ; Hopper was asleep when the police came ; O'Mara was doing nothing to indicate that he was drunk ; all appeared to be sober ; have seen O'Mara drunk; some of those in the room were playing euchre ; Mrs. Young was there. To Sub-Inspoctor Morris : went there between 10. and 11 o'clock ; might have had four drinks ; I left after tho police after 1 o'clock next morning ; I had no drinks after. 11 o'clock ; I did not see Hopper have more than one drink ; as soon as the police came Green and I loft; did not notice O'Mara lea/e ; did not see him have a drink ; I was playing cards ; wo were playing for driuks ; Green was playing with me ; I forgot the others ; we were playing euchre ; we played with differ ent ones ; I think Murray was one of them ;i$il was perfectly sober after taking four drinks ; two beers would not knock me over. The Police Magistrate remarked that witness laughed at the idea of two beers knocking him over. Herbert Sowel), deposed that he went to Young's with Hopper ; as far as he eaw he was perfectly sober ; had a drinkjtogetherat Meanoy's ; that was the only one ; had another at Young's; witness wa3 sober when he went.and when he left; ho saw no .ono in the room who was drunk or disorderly; witness was playing cards. To Sub-In8poctor Morris : We stayed there playing cards until the police came ; we were passing away the time; no drinks were served during this time ; there 'were ten or twelve men there until the police came. To the Bench: I was playing for fun ; saw Olearyithore ; do not know if he was playing cards; ho was at an other table ; when a man is drunk he carries on and staggers about ; all these men could walk straight and look aftor themselves : we played for two hours for fun. ThflP.M.: It waa a dry game, wasn't it? WttneiB : It was that. William John Young, defendant, aepossd : I remember Hopper eomtnf in before 11 o'olook ; be oama in with two or three others J he was quite sober; bad never been in my house before ; I Borved them with drink and they went into anothsr room where Home men were p!ayin« oarrts ; they nsked for a pack of cards, whioh I gnve tbnm ; Hopper was looking on, an3 whils sitting on the ennob fora time he went to sleep; when thn police oamo they ordered me to put them out and I did so ; they were not in nnv way disorderly ; If I had notioed Hopper waa under the influence phnuH have put him to bod nnd not nllowed Iho pnllaa to havo got him ; O'Mara wns sober when he oume j he had two arinka; he was not in a drunken state j would not have let him stop if he had bian ; there was no one tbere in a drunken state ; O'Mara was tnlkina to the police outside ; if ho was undpr tbo influenao it wns the duty ot the police to lonk after him. To tbn Suh-Inspentor 1 Although Hopper plqadod guilty for drunkenness hn was not drunk when he left my plaop. To the Benoh : After the plaoe was closed I went out nnd saw Sheehy talk ins to the othprs ; I then know Hopper tnnot have been arrested ; it was my duty to bavfl oorno to tbo court next day and tell the Bennb he should not bnvs been arcestftd ; I am sorry I did not dp so, but I did not know he would plead guilty. To the Sub-Inspector : Tbe men wore playine? oards ; they were playine for drinks ; whim drinks were called I sprved thorn. ' The P.M. nnid this answer was' eiven without any warning, but defen dant had oiven himself away. To the Sub-Inspeator : O'Mara waa sober; oannot.say if be bad more than two drinks. To the P. M. : Some were play ing all the evening ; others played from 11 o'olook uotll the police oamo after 1 o'olook ; thoy played at the least two games aa hour; they were playing euohre ; they n'ayod their games and if they oalled for liquor, I served them ; they might have paid for tbe use of tbe gas and f'o room ; I was paid for drinks, but tbo drinks were not supplied ; I did not reoeive any money ; tbere were no drinks sorvod after 11 o'clook ; the liquor that was won waB nllowfd to stand over for future ubo ; I received money for the liquor hut did not supply it. ? The P.M. : Would yon stop playing on for 2$ honra without a wet ? Witness: Personally, I would not do bo. If they had too muoh I would not supply them : tho reason they did not get any moro that night was beoause thoy did not want an- mora; if they emmo drunk and Btayed fij horns thoy would ba sober.

To Sub-Iospeotor: I hold money foe the players ; I held money for Oleary. Senior-Gonetible Sbeehy was recalled by the Polico Magistrate ; I rep ntsd the matter to the Sub-Inspeotor, but being, on night duty I did not do so .im mediately ; the renion O'Mara was not arrested was that be got away and was abln to take care oE himself. The Polioo Magistrate: If he had been arrostod it would have substan tiated your oaaa, common sense must have diotatc.il that every thing neae?3- ' try Bboull hive been done to get the beBt evidence. . ~ Mr. Konny : The man might have been drunk and defendant not know it, and therefore) there would bn no offence. Witness to Mr. Kaony : I have not ? seen O'Mira einoe ; know where he lives ; mide no inquiries about him ; oould not fiad the name of the third man. Mr. Kenny argued that the evidence had failed, as it was insufficient to show that the men assembled were under the influenoe of drinb. One man bad been arrested for drunkenness, but one man oould not assemble. The wording of the aot was that defendant 'knowingly permitted drunken people to assemble.' The meaning of drunken, aooording to the diotionary, was to be utterly In» oapable and a nuisinoa to tbe people. ? The Police Magistrate eoid he would not give his decision until Friday nt.xl. The facta as stated were against the publican, but the question of law crept in aud he would consider it hefore ex preesing an opinion.

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