PARTING GIFTS.

Auckland Star, Volume LXXI, Issue 224, 20 September 1940, Page 4

PARTING GIFTS.

BEER FOR SOLDIERS. THREE MEN PROSECUTED. Three men who elected to say farewell to soldier friends who participated in ihe march of members of the Third Echelon with liquid refreshments instead of with flowers appeared iu the Police Court to-day charged with supplying intoxicating liquor to a member of a defence force while in uniform for consumption elsewhere than on the premises where it was supplied.

These being the first prosecutions of the kind in Auckland, the magistrate, Mr. J. Moiling, took a tolerant view of the offences, ordering defendants to pay coats and suppressing their names, while at the same- time stating that in future such offences would be punished by a substantial penalty.

Sub-Inspector Calwell, who prosecuted, said that in two cases a bottle of beer was handed to a soldier who was one of the thousands inarching down Queen Street on August 17. In the other case a half-bottle of whisky was given to a soldier. "The military authorities sometimes have great difficulty concerning the supply of liquor to soldiers," said Jlr. Oalwell, "because it causes trouble on trains."

"Lonely Bottle." Appearing for one of the defendants, Mr. Watkins said his client handed to the soldier, whom he had employed for a number of years,- a parcel containing sandwiches, some sweets and "one lonely bottle of beer." The primary object of the regulations under which the charge had been brought was to stop" soldiers from taking liquor away from licensed premises.

"The public go to see their soldier relatives or friends away to war and think there is no harm in handing them a farewell gift," continued Mr, Watkins. "My client, like one of the other defendants, was ignorant of the new regulations, and I ain sure the great body of the public are as well. Clause 3 of the regulations under which this charge is brought does not define the word 'premises.' 'Premises' might be a park or highway or any place, and I submit that if my client had stopped and consumed the bottle of beer then no offence would have been committed. My client never thought he was breaking the law. An old soldier hiineelf, he handed over the parcel containing the bottle of beer quite openly. As these are the first prosecutions to be brought they are being taken as a warning, no doubt. In view of this and the other circumstances, I would ask that your Worship should dismiss the charge as trivial. ,.

Sub-Inspector Calwell: A breach has been committed. Jf these dismissed as trivial then they may as well never have been brought. Magistrate's Warning. Mr. Morling said he agreed with the counsel's contention that the beer had been supplied in ignorande of the regulations and that all the defendants had merely wished to show their feeling towards their soldier friends. However, the object of the regulations was to ensure that soldiers did not get too much drink and cause trouble, not only to themselves, but to others. "In these cases, where the soldiers were going abroad to fight, the circumstances are a little different, and I think that those who supplied liquor had no intention or knowledge that they were breaking the law. After this the public should be quite aware of the regulations, so these prosecutions have served their purpose."

Mr. Morling ordered each defendant to pay the costs, and he agreed to make an order for suppression of their names.

"The circumstfuices of these cases are by no means bad or harmful, but if there: are any similar offences in the future there will be no question of suppression ' and the penalties will be more substantial," added the magistrate.