Alice Morgan's Sunday trading prosecution

 

http://nla.gov.au/nla.news-article269386670

Essendon Gazette and Keilor, Bulla and Broadmeadows Reporter (Moonee Ponds,Vic. 1888-1900), Thursday 22 February 1900, page 3

Essendon Police Court.

MONDAY, 19IH FEBRUARY. Before Messrs. Davies, Hollick and Wilson, J's.P. LICENSING PROSECUTION

Sub-inspector Irvine charged Alice Mogan, of the Cross Keys Hotel, North Essendon, with having the bar door open on Sunday. 

Mr McFarlane appeared for defendant, who he said was too unwell to attend. He produced a doctor's certificate and pleaded not guilty. 

Sub-inspector Irvine, who prosecuted, said he would like an adjournment unless Mr McFarlane would plead guilt as he did not like ex parte cases. 

The bench decided to go on. 

Senior-constable Hickey of Collingwood,-gave evidence, on Sunday, 4th inst. he visited defendant's hotel, at North Essendon, at 10 30 a.m., and saw the bar door open and five glasses on the counter. Subsequently at 12.30 he called again, and found the same door open and two extra glasses and a syphon on the counter. The licensee's: daughter was in the parlour with a man from Essendon. 

To Mr. McFarlane: On his first visit he went all round the rooms. Went to the north end of the house to a bedroom behind the bar, and found Mrs. Morgan with her daughter. Went through the bedroom to a door leading to the bar, which was open. It was secured by a small bolt. He could not say Sunday trading was carried on through Mrs. Morgan's bedroom, but it might have been through another door. 

To Sub-inspector Irviue: The licensee's daughter could have carried drinks through Mrs. Morgan's bedroom to another room. 

Re-examined by Mr. McFarlane: There were no signs of Sunday tradings in the parlours. Constable Roxby, who was with Sergeant Hickey on the date named, corroborated. 

To Mr. McFarlane: Last witness did not insist upon going through the bedroom. The senior-constable remarked he was being delayed. 

To Sub Inspector Irvine: They did not know there was a sick lady in the bedroom in question, which had been a bar parlour. 

For the defence Mr. McFarlane said he would prove the room had been used as a bedroom for the past two years. The offence was only a technical one, as the bar door, which was not used as such was only secured with a bolt instead of a lock, as provided by the Act. 

Agnes Morgan gave evidence she was daughter of defendant. On Sunday, 4th, the two constables came at 10.30 by the front door, where a girl admitted them and they knocked at her mother's door, who was dressing at the time. They camc in and went to the bar door leading from the bedroom, which had a button on it, and opened the door going into the bar. There were some glasses on the counter but they had been used the previous night. There had been no Sunday trading that day. 

To Sub-inspector Irvine: The beer glasses were there from Saturday night. The bottle of gin, which was not there on the first occasion, and the two empty glasses and syphon on she could not say for what time they were there. 

Mary Daly, an emloyé of the defendant, admitted the constables and told them the licensee was ill in bed. The had previously tried the bar door, which was locked. They then went to Mrs. Morgan's bedroom and opened the door going through. When they came the second time the bar door was fastened with a lock. The door had fallen, therefore from the outside it appeared to be open. 

To Sub-Inspector Irvine: The door was locked on the second occation the police came. She locked it herself, and had the key in her pocket. Mr McFarlane said the offence was merely a technical one, and after hearing the evidence he hoped the bench, if they did fine, would recommend a remission of the penalty. 

A fine of £5 was imposed, with 7s. 10d. costs.

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Two months  later on 30th of April 1900, Agnes Morgan, youngest daughter of Alice Morgan, the Licensee, died at the Hotel.  According to the death certificate signed by Dr. Sutherland cause of death was Multiple Neuritis for 10 weeks and Cardiac Syncope.

Another two months later on the 11th of June Alice Morgan lost her eldest son, Francis Edward Morgan to Phthisis Pulmonalis, later more commonly known as Tuberculosis, and exhaustion with duration of one year and signed by Dr Dickinson.