WHO "SHOUTED"?

Dominion, Volume 3, Issue 926, 20 September 1910, Page 6

WHO "SHOUTED"?

-ALLEGED SUNDAY TRADINQ. WAS HE A BOARDER? A charge of alleged Sunday trading on the part of the licenseo of the Shamrock Hotel,' Mblcsworth and Hawkestone . Streets, was hoard ..at. tho Magistrate's Court yesterday,' beforo Mr. W; G. Riddell, S.M. There were four charges, two against/tho "licensee and two against persons found on the premises. ; Martha Cooper, licensee of the Shamrock Hotel; was charged that, on September i, she sold liquor to Vernon Lipmnu AVillestori, atZa timoWhen the hotel, was required to be closed, and thnt she unlawfully kept the premises open' for. the ;salo, of liquor. Bernard: M'Grath and 'Vernon : .Lipm'an. '/Willeston ...were charged with having been found on the Shamrock Hotel premises when the house 'was'required to'be closed.. All the charges w;ere taken together. ■■_ ,-... Z : Mr: T.'M. Wilford. appeared for Mrs,. :Cooper,- and' Mr. J. J. M Grath appeared .for Willeston. The ' third accused, M'Grath," did not appear.- Sub-Inspector Norwood, conducted the : case for the police., /; , .('. ( ~'-■.. ■ '.; /' ■'..•; Seregant Kelly stated that at 8.30 p.m. on the, Sunday in question he visited the Shamrock-Hotel with Constable Deinpsey., They went, in 'at the- Hiiwkcstone 'Street entrance, finding: the, door open. The (Molesivorth Street door was closed./ Witness walked along the passage, aud entered a room (where, there were five men —four'with, long glasses of-beer in from, : of them, and the fifth/with an empty glass before him. ; Soon, after, the. licensee entered the (room, and said'the ineri were all; boarders. - Witness asked the men it that.was so, and the answer was ■'Yes." Vernon' Liprna'n Willeston: was one' of. the •men,' and .witness asked ;him which room he,occupied. ; Before Willeston had time 'to answer the;, sergeant,. Mrs.: Cooper, said,- "Nuniber: seven," and; Willeston re-' peated,. "number ,seven." ■''In answer ; to, questions-from :■ the: sergeant, Wi" e ston said, he had,come to. tho /hotel' thb day. before, ':and:;that' he had a' little luggago with'jhim. -.- 'Willeston admitted that one glass of .beer; was: his,":and.- drank tit.' /At the request "of. Sergeant Kelly,,;all the (men, (except /Willeston, wont upstairs and! showed/ their respective, rooms. Looking into/rbbmi/No! 7, he saw/two beds,..one of/which had been' occupied by Dixbri, a genuine boarder. (There was no luggage, about; the other bed, and when witness afterwards saw/Willostori, and asked him 'where/.' his '/luggago was,: (he replied, "I! only, have (what: I've /got on." -On ! returning to the police station, witness rang /lip the Pier"Hotel,Zand satisfied' him- J self that' Willeston' was (that day, staying lit/the Pier. Hotel. The others:'.were | genuine boarders, .except M'Kellar,' who' had/been, to, have-tea'.with: Dixbri. (About 8.40;.p.iri. the accused -MjGrath,canie into/ the hotel;: arid : was,detained by. Constable ! Dempsey. • • M'Grath; said :.he J had called to; see Mr. Halligau;'a'boarder. Sergeant. Kelly examined, theZbarV./and found • it( was. ..olosedZ-'up,'--'uri'd!\ in darkiess..,.,.. -''; ;Mr.Z Wilford,;.the, sergeant, 'said'there.'was no sign of trade going on; 'about''; the! bar. ■'.', ■'■■-:■ (;(/,."'/, i/Mr;' Wilford,here.,intimated' that (ho •/was, /riot 'going (to; further, cross-examine 'Witness'in-:reference.to fhe-second charge agairistZMrs. Cooper,:: as ".there- was really, no. (evidence, to sustainZthe,charge "that .the preiriises. were kept open for : the sale of liquor. (;(/ / ■■'; ;•'■:'■'■.' ■■:;;■'■:"■ '■'■■'■'r '..:'. ■'■•'.. .'■ln ; by. 'Mr., Wil|br'd on; the /first/.ch!aTge,( Sergeant Kelly said, that WillestonZ did not.'tell/.him ho (paid, 'for the /drinks.;.. Dixori did .'not;: say' that : he. (Dixori); / had! /"shouted.".''- 'Witness ! ;omittM/to>'ask; who.paid/for-the drinks. If (Dixon; said ;he "shouted" .for;thb.lot,. witnes's/could not/dbriy'it, :-/ . ': / / . : J .:Mr.. Wilford: (What evidence liave (you,• to'-provo/'that: Mrs.. Cooper .sold v liquor :to'':Willcstbn? (; : .\-.■';/'/Z ■; . \'■'■'Z ,:; Z Sergeant/ Kelly':'. I: have the; 'evidence that/,ho/had liquor -before him. Zl' did ;not.( see/any ,; ; .',- :•///:,/,( :v;Mr( Wilford:- Tbu.can't-bear/'out'■■ any Charge.;// '.'("'•,>.". I', '.'/ -v // ■'(■(■ ■.■;■■.■'■( --: (In .answer ;to (a'' question ..by;' Mr.-' 1 M'Grath,;Sergeant ,Kelly.:.said he- believed ; Willeston: had since /stayed at the; Sham-; !ro'ck.;-Hbtol,.; : '''-''-'■"•:V>;''.'.S < i ';• /-•;■:'.'-'■': '■"' ''■'.' ■•':■'■ ... /(Constable': Dempsey / gave (corroborative evidence; .In "answer to a question' : by Mr. : Wilford,' he. said ;: the'.ShamrßckZ'Ho-'! ,Tel was/just .the,same as ariy other hotel' (on; a /Sunday—the .bar' closed /'.aid the ■front door .only /open.-'' .'! (,/,; : z. •■■ .. 'Mr. Wilford, for, the defence,/'ebntonded that/.-the.'('second charge ' against . the' licensee' must be-dismisssdj'arid; hewbuld call,:evidenco/to- show that the: first information/could . not! possibly; stand/. He quoted: authorities as /to/' the './definition i'of' a .boarder-; and ■ other ..authorities with' ; the object (of. proving- that .a-boarder. may ■ on/Sunday/procure, liquor(for-himself anil, ..his 'friends.:/ 1 ;'!:/(-: ■'..■;'.':;;;■:'.'/;/■ '.:/Mr.;M'Grath ; said' he:intended (to protb' thait ,Willeston"was.,a,'g/enuine/bo'arder.at the Shamrock 'at. the. time of (the/alleged ,;:.■.> ;.■:-:/■,.; •:,../;. / The accused 'Willeston said in evidenca: 1 that heleft/the Pier: Hotel, and! arranged : to-board( at; tho • Shamrock ■ Hotel, with. -Dixon, Zwith"', whom ::ho: worked- in ! tho ,Stamp'/.Department..:"\On ,the..Saturday, afternoon': he' obtained' a latch key from Mrs." Cooper/ but did not leave the: Pier 'Hotel/.until- Sunday evening. ,■'•(He -.took ■to the Shamrock/Hotel, an 'overcoat,! hair bnjshes.'/and tooth' brush. Ho made, no (secret of having the.drink, because, he thought zhe.wa's.'pn' good 'ground. ! ■. 'by. Sub-Inspector Nor•wood, witness,said; luggage was coming -on (iflie, Monday . morning/ He never wore,, pyjainas. It did not strike him :at,..the,-,time,' to/ .'produce, a receipt (since produced)' for. his ■ account at, the !Pier;':!;: : -."Z ; f/;/v-Vz V //(• /;:-'-":,.■/,;:.,. . '.'Charles*'.Heriry'.Walter Dixori, clerk/in (the Stamp: Office,/ said he: had -paid for the drinks "before the police entered. No liquor/had been:sold, to."Willeston. '~::Dnnca.-i;';M'Kellaf,'.clerk' ,'m.y the Rail- , way -Department, ■ -sail},: the drinks ' were (not, paid!for ;by( Willeston; ~; '; The licensee, Mrs.'.' Cooper, gave evidence :as'(to; the ; :lßtting of; the. room (to Dixon, and: Willeston, and : their"arrival ;at..tho hotel. , She only opened'..the■ bar ' bn'co on / Sunday, to procure tho drinks paid for /by Dixon. ,/' '■:■',. '■. ' Th'is concl ided .'.' the' evidence. ' Tho Magistrate '''intimated .that ho would give ;. his decision to-morrow; ,'■■'. ;