LIQUOR LAW BREACHES

Bay of Plenty Beacon, Volume 4, Issue 116, 11 June 1941, Page 5

LIQUOR LAW BREACHES

NATIVES SUPPLIED SEVERAL DEFENDANTS FINED: A number of defendants appeared at the local Court before Mr E. L. Walton, S.M., yesterday when the monthly sitting was held. In all cases fines were imposed. Taxi Driver's Breach. A taxi driver, Allan Victor Raymond was charged with having on April 6 supplied liquor to natives at both Wliakatane .and Matata. Sergeant Farrell stated that, the defendant had driven six natives, to Matata and there obtained beer from the hotel which ay,as consumed in the taxi. Five thei natives had returned to Wliakatane in the ear and there Raymond purchased more liquor for them. There was some difference of opinion as to how many bottles were bought, some Maoris saying that thq number was six and others 18. Th£re had, however, been a fair amount as a noisy party bad resulted during the evening. The Sergeant added that previously he defendant had borne a good reputation. Entering plea of guilty for the defendant Mr E. Armstrong said that there was no intention of minimising the seriousness of the offence, but he added it was the defendant's first appearance in Court and he had had a fright which would be responsible for him not appearing ngain. He wast a married man with two children. A fine of £2 with costs was imposed. Natives Involved. The natives involved in the foregoing case were Bunny P'eni, Wi Mutu, Jack Temoni, Albert Davis, Cbas Nepia and James Semmins. All were charged with assisting in the Supplying of liquor to natives and all were fined £2 with costs. Under Age, Mr B. S. Barrj r pleaded guilty on behalf of Basil T. Dodd who was charged with assisting Walter Crapp in supplying liquor to a person under 21 years of age. Sergeant Farrell stated that the young man had been found in the public bar of the Whakatane Hotel. Mr Barry stated that the circumstances had been exceptional. Tha defendant had been in charge of a gang of men as an engineering cadet and on returning to town with them they had suggested that as he was entering camp the following day he should have a drink with them and he had done so. The youth was penalised costs of 10s. Publican Charged. As a consequence Alfred Hayter, proprietor of the Whaliatane Hotel, was charged with supplying the liquor to a person under 21. years. On defendant's behalf, Mr G. Otley, stated that they recognised that the law demanded that the proprietoi 4 be responsible for his employees actions, but Mr Hay tar had not been present being busy in another part of the hotel. A fine of £1 and costs, was imposed Barman's Pica. Walter Crapp pleaded guilty to supplying the liquor to the youth stating that he did not realise his age. The Bench remarked that the 3 r oung man looked less than twentyone and fined the defendant £3 with costs 10s. Defended Case. The Police proceeded against Alfred Hayter, proprietor of the Wliakatane Hotel, for supplying liquor to a native. Mr G. Otley appeared for the defendant and entered a plea of not guiltjr. Sergeant Farrell prosecuting called Herbert Haraki, who- stated that he was a full blooded Maori and that he had; entered the public bar of the hotel and asked the barman, Walter Grapp, for ten gallons, of beer. He had previously spoken to the barman about obtaining the beer ( about a week previously. He had been told bj' the barman to call a taxi and send ii to the back of the hotel. This he had done but had not gone with the ear remaining at the front of the hotel where he called the car again as it emerged and was driven to the pah. To Mr Otley he stated that lie had not seen Mr Hayter as he knew he could not obtain beer from him. and he had kept out of sight when the liquor was being collected as he knew that was the only way he could obtain it. The liquor he added had been bought in Crapp's name.

That he had sold the native the beer, but made the sale in his own name was stated by the barman, Walter Crapp. He had been head barman at the time and admitted instructing the Maori to send a taxi. He had kept the money for the kegs in a separate place from where Mr Hayter collected it nightly. In reply to Mr Otley he stated that he had been employed previously at the hotel, but on this term had been there since Christmas taking his brother's job, his brother having gone overseas. He had left nothing to show Mr Hayter that natives had been sold liquor and admitted that his instructions were that he was not to do so. These instructions had been definite. A taxi driver, John James Murphy, said that he had collected thcr kegs not knowing at the time they: were for a native. He had been told by Haralci that he was wanted by Walter Crapp, and later had taken the Maori in his car thinking he was doubling a fare. Hei had delivered the liquor to the pah. Mr Otley submitted to the Bench that the defendant should not be convicted as the selling of liqnor had been done by subterfuge against his orders and that Mr Hayter could not be aware of the transaction there being nothing -left to show that a sale had. been made to a native. He added that, already. Crapp had been lined for the offence and justice thereby served. He quoted from o case where it was held that the proprietor, although by law responsible for his employees' actions, had not been guilty of loose management and thus a dismissal had been ordered. There was no suggestion of loose management in the evidence and the proprietor had been unaware that his instructions had been ignored. He concluded that the defendant had been a publican for twenty-four years and had had only two convictions, one many years ago and the other at Whakatane. "'The trouble is, that if the barman is always to take the blame the illicit supply of natives will continue," remarked His: Honour, adding that lie did not consider that the defendant had done his duty as lie must be aware of the frequeni cases before the Whakatane Court of Maoris in trouble owing to liquor and thus, he should take, particular care.. He concluded that more care should be taken in the future. ! He fined the defendant £5 with | costs.