LICENSING CASES.

Gisborne Times, Volume X, Issue 1000, 19 September 1903, Page 4

LICENSING CASES.

The appeal from the Magistrate’s decision in the case i.gainst tliu Turanganui Hotel, in which the licensee vv«is convicted of exposing liquor for sale in his licensed premises, came before Mr Justice Cooper at the Supreme Court yesterday. Mr W. L. See 3 appeared for the appellant and Mr J. W. Nolan for the respondent. Counsel addressed the Court as to the inadmissability of Mrs Mackay’s evidence, and also urged that the fact that liquor could be seen was not sufficient to allow a conviction for exposing liquor. His Honor considered that a prim a facie case had been made out. Evidence was given by Mrs Maekay.

His Honor said that as the case was one of considerable importance, be would reserve judgment. Ho desired to carefully examine all the authorities. “ There is no appeal from the decision of the Supremo Court, aud I do not want to make any bad law,” remarked the Judge. “ Good or bad law, it will be quoted hereafter,” replied Mr Nolau.

TRAVELLERS’ QUALIFICATION. Mr Roes mentioned the cases of the country hotelkeepers who wero charged with having served drink to travellers who had not reached their destination. He pointed out that the Magistrate recognised that the defendants had not broken the law wilfully, and was prepared to doal with thorn leniently if he had power to do so. “ The pleaded guilty,” remarked Mr Rees, “ but Mr Barton is in doubt as to whether be is not bound to record an endorsement. It is a serious thing for tho defendants, and the only course that seems open to them is to approach Parliament.” His Honor : Why did they plead guilty ? Mr Rees: I think that under the circumstances tho plea of guilty should be allowed to be withdrawn.

His Honor : It is impossible for me tc allow you to withdraw it. Tho conviction followed upon the plea, and the endorsement upon the conviction. Mr Rees: The facts aro certain, and there can he no defence other than that tho defendants served the men behoving them to be bona fide travellers. His Honor: lam afraid that I cannot express any opinion. Mr Rees : I merely mention it because wo may have to bring it before Parliament.