LIQUOR AT PAH

Bay of Plenty Beacon, Volume 6, Issue 56, 16 March 1943, Page 5

LIQUOR AT PAH

OFFENCES AT WAIOTAHI

OPOTIKI PROSECUTIONS

At the last sitting of the Opotiki -■Magistrates Court Tawa Wirihana (Mr N. V. Hodgson), pleaded guilty 'to three charges arising from the taking of liquor into the Waiotahi Maori Pah. The charges were, that •on January 23 at Waiotalvi lie sold beer without being licensed to sell same; that on January 22 he took liquor into the Waiotahi Maori Pah; that on January 23 lie was in possession of liquor while a dance was being held in the Waiotahi Maori Pali dance, hall. Sergeant. J. Isbister said that the •accused was 69 years, of age and a small shop opposite the pah 3iall, having some authority from •the Maori Council. As the result of complaints he went to the pah at 11 p.m., while a dance was in progress, and, watched a number of males going into the shop. When lie entere'd the shop he found a case containing $ dozen bottles of beer. Accused admitted having sokl 22 bottles at 3s. 9d per bottle. When accused's attention was drawn to -cases containing empty bottles he -said that the bottles had been collected and brought there by child-' Ten. The shop was right opposite, tthe dance hall. Mr Hodgson, who appeared for stated that he had authority from the Maori Council to oper•ate the shop trading in ■soft, drinks, ice creams, e.tc. A patriotic dance was being held and .-accused got the idea of selling beer and giving the profits, to the dance committee. The committee, however, was not involved, as they knew nothing of the scheme. Only 22 bottles had been sold, and no more tha'n two bottles were sold to any •one man. Quite, a tat of empty bottles had been collected by the and this was proved by the fact that they were old. dirt} 7 , :and stained and of all sorts of brands. Defendant's sole means of livelihood was a pension of £9 6s 4d per month, and. he had to support a son raged 9 and a grand daughter aged £ yearst, On the first charge defendant, was fined £20, with 25s costs, and on "■each of the other two charges he was lined £3 with 15s costs. An order was made for the confiscation *of the beer. Alleged Aiding in the Offence Jack Te Papa (Mr Hci) was charged that at. Waiotahi on January 22 Ihe aided one Tawa Wirihana in taking the liquor into the Maori Pah. He pleaded not guilty. Sergeant Isbister stated that on January 25 lie made an enquiry re the beer which had been sold and was informed that the beer was brought to within half a mi|e of the T>ah and from there brought to the f|>ah by Te Papa on his sledge. Mr Hei: This lis a surprise to me. Continuing, Mr Hei asked the witness if defendant had told him what the two cases contained. Sergeant Muster: Yes,, he said they contained beer. Wirihana had told him that, defendant had helped to repair the sledge when it broke •on the way home and bottles from one of the cases which had broken •open were lying around on the rg round. Taka Wirihana stated in evidence that he was told that the beer was -at Chalklen's and he went to the pah and asked Te Papa to go to •Chalklen's to get his "stuff" on the sledge. After the loading of the stuff witness took the sledge to the pah. When the sledge broke on the way, he got another sledge. Accus-> -ed was not there. lin reply to Sergeant Isbister, witness said that the cases were on 'Chalklen's car and defendant helped to load them onto the sledge. Defendant had entered the witness box and in reply to Mr Hei said that he had been to school. stated that he did not see the labels on the cases. He got the •sledge to get firewood on January "22. Mr Hei: And did you get the firewood first? Defendant: No, I went to get the -beer first The Magistrate: He's sunk you. Defendant then corrected himself 3by saying he went to get the "stuff" first, and helped to load the stuff. He was not told, what the cases contained, and after loading he stayed ibehind. In reply to a question by Sergeant Isbister, defendant denied having

said that lie helped repair the sledge and saw the bottles lying on the ground. A fine of £3 with costs £1 4s was imposed. Walter Samuel Chalklen, on a charge that on January 22 he in the commission of an offence of taking liquor into the Waiotalii Maori Pah, pleaded guilty. Sergeant Isbister said that defendant took the beer to within half a mile of the pah in his car. He had been in 'no previous trouble, but it was men like him who were mainly responsible for liqnor being taken into pahs. Defendant said that, he had given a lift to T'awa Wirihana, and had been asked if he would mind taking a few things home for him. Defendant was fined £3 with 12s costs. Possession Charge Fails> Ted Te Whare, on a charge of having beer in his possession in the vicinity of the Waiotahi Maori Pah dance hall on January 23, pleaded not guilty. Sergeant Isbister said that when he went into the shop defendant was there. He put a bottle on the shelf, and afterwards, admitted that he had had the bottle and had paid 3s 9d. for it. Accused to witness: Did you sec it? Witness: Yes. The Magistrate said that the evidence failed in as much as the act applied to any public hall to which a subscription was charged, for aomi.ssion. These two conditions liadj not been proved, and therefore the! charge would be dismissed, I