THE LOCKER SYSTEM.

Dominion, Volume 2, Issue 615, 18 September 1909, Page 14

THE LOCKER SYSTEM.

AT JOHNSONVILLE. HEAVY FINES INFLICTED. The 6tory of a "looker": system and a "social club" in a "dry" dietriot occupied the attention of. the Court for eomo time yesterday, when four charges ; alleging breaches' b< the Licensing' Act; said to have been committed by Peter Hartshorn,-.. of :Johnsonville, ; ;were dealt, with. "?.The informations alleged (1) that defendant,' on or about August 23, at Johnsonville, in a No-License district, did receive-an order for liquor from Edward Sullivan; ,, (2) that defendant,:on or. abonttho same date,"did unlawfully sell litjuor, to' wit, beer, to Edward Sullivan; (3) that , defendant, oh.6r about September 1, did receive an order for'liquor in a No-License district-from Win. -Farmer; (4) that defendant; on or about- Angust 28, did unlawfully,; sell liqnpr to Andrew Wood. ■V 1 'Sub-Inspector'. Norwood'. oution, and Mr. "E. : J. .Fitzgibbon appeared'for the defence.; Mr.. W. G. Eiddell, -S.M.j the benoh. -."•'■"/> :.' .'■ '■■■]. :'■'•.' .!',■! ' Andrew •Wdbd.l.said that,-on August 21,. he was at.' the v premises: formerly -the Eailway Hotel, occupied by. "defendant, when 1 '.a,', man named: Fisher asked' himXif- heTrould' have a locker at the "social club;". -Witness;thought it over,, arid decided ,to 'do so. 'Hβ gave" defendant 10s., aud his locker was given'him, with" six bottles '.-'bf beer, for the sum of 7s. This beer-was : subsequently, consnmed by wi'tnes9 and his friends. He paid 6d..t0 join the "club" 'and'/Gd; 'a- week for -rent.; : He had novor signed any , order■ for liquor, but'-just gavo the, robneyi to and" got'the'beer "at once. He left. ; the. club in less than a .week;' because the key of any. one locker would open all the others, v'That was "not good enough for him." . V ' ' ....- : ;' To Mr. Fitzgibbon: Witness was not expelled from the club on the ground that he:was''an undesirable member, , because he had/ tried to buy liquor from 1 another member!' . " '~'.; ■ IVank: LawsiHf stated■ that.he had : been:"iin the "club" having a drink -with theVlast witness on Sunday. ' '■■•" ' '.',■'".■■ v. To Mr. .litzgibbon: -Hartshorn■' did-inot ask him to join, nor ; did he offer to sell him any drink.•;;■,'":..;,;,-;•-■' •-,-, .' .-.:.. . -.'.:-.. ..'..r,- ■:.■.■;■:.. Constable Cox,''stationed. 'at •. Johnsonville, stated: that. defendant'infornied'-hinY:,that ;he ntended to run-, his premises, as a social'club.' ie showed him ,a room, where' six lockers w.ere itted,-.and; told Mia ' that' they; had 17 inem iers,:,with -a. 'promise ,of. 35. Later,- oh: September I,'witness visited the premises' in 'company with SergeantVEutledge. ■The bar ' and other fittings of-.the. hotel still' remained,- but only ..temperance '.drinks* were :for sale. Some whisky-bottles >wore.found by Sergeant Kutledge, ; also .17 .empty bottles,. :three empty .two-gallon .beer, casks, and a supply of beer and .whisky, .some obtained .from a storeroom and some frbmthe lockers. , ■-.' '"■■'■ '..' _ Sergeant Eutledgei:- gave.' evidence cbrroboraive of. Constable Cox'e statemehts in■ regardto. the search: of ..September 1. , ', ':•'• .: v . ■■'" by Hr. : -Fitzgibbdn- witness stated that, the lockers were- in, a room set apart that purpose, and '■:. marked. "Social■ Club. -':,-...''.•'•"■'::'"•.■■'7'.' '~":.,-■ '■< ',■■-,,■."■. ~Wm..,Farmer, -a member;:of;.the:.club, ; "said .that i.when'.he,' joined he" received:.a .locker, key' and ■ gave,defendant- an. order *to get-two ''gal lons, of beer.,-'Defendant'toldi him it'was the custom,..to pay for the liquor first, and ho would: deliver ;it afterwards. , A day or two after' ho received the liquor, 'which w.as. botled off. for, him by Hartshorn, and which he had since consumed. ■ : J ..-:,. -~■.-; J i r t ' Fitrgibl,on: Defendant-,made no pro Jit off the'order he took from him for beer.' Jlhomaa Albert Maddcrri, secretaryof Staples and C 0.,: produced, an order for , beer from reter Hartshorn, signed by .Farmer. ■ '■'■ -. To. Atr: Fitzgibbon':..; This.: order: :waß.\ the usual form-'of,! the. order-used with social "clubs in no-license districts. ,, '■:.- ' A ;-rnstor,, clerk in T. and W.' Yomig's'office, saitr that the;. price of colonial 'bottledvbeer ' °V,' ie * ,11 4,. i ; e . 1 ! 1 - to Harfeliam. .was Bs.' a dozen. ■- Iliomas U lute Young' also gave • evidence ■■ re-' garrting an 'order, received from defendant for a .quantity: of .liquor. .' • ■ -. ;. ■ . '..•.• . ;: •. ; . .Edward Sullivan gave Evidence ■ similar to hat or previous witnesses as to his h'avina joined tho club, and'obtained beer to his order, somp beer had'Tjecn given to him by dofondant, )ut all that ho had paid for. wns that orderec irom i btaplcs arid Co. ' ~. ■•'.■-',"■','.• ■-•. .. Evidence .was; nlsogiven by T. A. Ma'ddor'n in regard -\ to orders, and David Martin, another member *of the club '"■:■■■ ■'■-' • v; ■ ■ This conclftdeffi the cHfeo'fprithe iptbs'ccntio'n.' _In. opening-, the defence,: Mr. litobbon-admitted that the Licensing Acf explicitly stated 'it was an offence .to take for liquor in a no-license district, either as a'.-Tendor,.-or-,a3; iin,:agont -for , tho vendor; but, ho contended that in: the present case -defendant- had been tho' agent l not 'for > Ut f locker system, that-was-,in fqreo' in'"all "drW dls; tacts, and, when a connection had been worked up, was ■ n probtable business. Iff regard to e informations alleging the'sale.of liquor,'he contended c that no,evidence had been givon in support .of-tho ■charges.'; ii Tha:..:xhargds-ofv're" , •misled 8 ° er3 :^ ll ?" ld v:!$:^ la be die-: :,ncfendanti then into the and said' that on Uio; suggest on,of,Dwan Brothers, he leased the .old Railway Hotel,: and took out to:start■:the' locker-'sys-tem. He had .never,sola .any-ibeer.vto".Wood but,only made him, a present of 'a supply when he; joined tho' club.'' Hβ- was only the secretary and steward of tho,club,: and bottled l,«llf Ir p^ Ol; .v° 0d: He did no , t seH'theliquor feeot. from-Young fand>C6.,' bnt.used'i?, to .treat.f the business people.' ••■" *■,--.' ■ •' ■ ■ t .f™" ce ■•7M;,fals'o given'.-by' a-'-member cdndS.^*?^ 6 ',; 1 !^ 111 " i-^Wchyitvwae il^^^P^' giving; judgmenC Sfid>'that tlie. mere : fact -that no-1 censo had . been' tirn.' n Jprfn»^ n rH P T od9C?d . in;tllese 'cases, f o > -large ,q pan tity;.qf'liquor.'vTlXii?itsolf^v^ wmm carSh^"S^S^ h | n seized was ordered to. be forfeited Wall *es:ag.t:^&s*