WELLINGTON HOTEL CASE.

Dominion, Volume 7, Issue 1927, 9 December 1913, Page 8

WELLINGTON HOTEL CASE.

LAW POINTS RAISED. L. 0. Janscn, liconsoo of the WoU liitgton Hotel, was cliarged with having exposed liquor for salo and kept tint hotel open for tho sale of liquor on November 2-2. Mr. M. Myers defended. John I'. Luke; Mayor ottiie City and a Justice of tlio l'cace, stated that ho issued an order for tho Wellington Hotel to ho closed on November 22. Mr. Myers: The Wellington Hotel is hi Moicswctrth Street? Tlio Mayor: 1 believe so. You will take my word for itf —"Oh, yes." You don't suggest that any tumults had occurred in Molcsworth Street or in its neighbourhood?—" Well, it ftll depends how far yori extend tho neigh' Lourhood." Well, nothing happened in tho street?. —"No." Tlio Mayor added, tliftt ho had realised that the area of disturbance, had shifted from tho eentro of tho citv, and ho did not know where trouble wight develop, Ho had acted oii .bis own motion, not on anyono else's advice. Sergeant Mullaney stated that ho had inspected tlio' hotel o« November S2. Tho barman was in the. bar, and there were throe men and two women there, Olio of the men was a boarder. Thero was a glass of liquor on the counter. Constable Frasor corroborated this evidence. Mr. Myers submitted that the case must bo dismissed. For one- thing thewi was a total absence of proof that tho notice had been served on tho licensee. Further, thero was no evidence that tho hotel had been kept open for the sale of liquor. Tiie fact really was that, the barman had gone into the bar to close a door which had been left open for purposes of ventilation, when the persons mentioned walked in. These people were not served with liquor. There was due drink on the counter. That was ono which tiro barman had poured out for himself.

The Magistrate was preferred to dismiss the case ill the absence of proof of service of the order, tat Inspector liendfey said that that would simply result ill a rejwlitroii of tlio proceedings. His Worship then reserved his decision on the points raised. I\v Mr. Jlyers. Counsel for tho defeneo will have further opportunity of calling ovidenoi).