ALLEGED BREACHES OF THE LICENSING ACT.

Manawatu Herald, Volume XXIX, Issue 3762, 26 March 1907, Page 3

ALLEGED BREACHES OF THE LICENSING ACT.

Poiioo v. Shadboit and Ross. Case Against Licensee Dismissed. Rose f ined IDs and costs. At the S.M. Court yesterday Robert Ross, engineer, was charged by the Police that on the 24th February he Was found on licensed premises ojLtHe Mapawatu Hotel, not being a' hoarder or a bona fide traveller.

Albert E; Shadboit licensee of the Manawatu Hotel was charged

(1) that during the time at which licensed premises are directed to be closed did keep open such .premises for the sale of liquors, and (2) for exposing liquor for sale in such premises. The Magistrate took both cases together. Mr Reid, appeared for defendant and Senior Constable Woods conducted the case on behalf of the police. Constable Woods stated that on Sunday night February 24th, he, in company with Constable Dixon visited Shadbdlt’s Hotel at q p.m. He noticed a light in the bar. He tried to open, the door leading into the bar but it was held against him. Pushed it open. It was not locked. He found young Shadboit, son of the licensee, with a lighted candle in his hand, and crouching beneath the counter was Robert Ross, as if trying to hide himself. There were no signs of any drink about. Asked Shadbolt what he ..was doing with Ross in the bar. Shadboit replied that he went into the bar to get a drink and Ross had followed him in unknown to Shadboit. Witness then asked Ross if he was a boarder and he said ‘ ‘ no, the fault is all mine, and I’ll take the blame.” He came out of the bar . and sent for the licensee. He informed Shadboit, senr., what had happened, and he replied that his son had no right to allow Ross in the bar. _ He did not authorise his son to give Ross a drink. Ross then said that he had come into the hotel to see Shadboit about a horse.

By Mr Reid : Had to push the door open. It was held from inside. There'was plenty of liquor on the shelves and Ross could see it.

By the S.M. Young Shadbolt was standing by the slide facing Ross. Had no drink in his hand. Shadbolt, jnr., was a barman. Constable Dickson corroborated the previous witness’s evidence. Had to shove the door, because some one was behind it. Did not see any drinking. Robert Ross, labourer, and one of the defendants, remembered Sunday, February 24. Had been to Shannon on that date. Returned between 8 and 9 p.m. Put the trap up at. Shadbolt’s Hotel. Went into the hotel to see Shadbolt. Saw some one go into the bar and witness followed. - When inside the bar felt a pressure on the door. Opened the door and saw Constable Woods, who asked him what he was doing there. Replied that he had come to see Shadbolt about a horse. Witness said he was to blameHas„he had forced his way there. Had no liquor there. Had liquor in the rbtiggy. By Constable Woods: Got the /Buggy from Wright’s. Constable' Woods : : Why didn’t you take the buggy to Wright’s ? Witness hesitatingly replied that he didn’t like to take it back then. “ The horse was va bit done up like.”

Albert Shadbolt jnr., corroborated the previous witness’s statements. Went into the bar and heard a tapping at the door, Ross had his foot against the door. Told Ross to let the door go. Constable Woods asked how long the light had been there. Witness had just returned from church. His father took charge of the bar. Got the key from his father to get a drink. Came home from church by himself. By Constable Woods: Would swear he did not see Ross before he went for the keys or before witness went into the bar. Had no time to get Ross out. Acted sometimes as barman. S By the S.M,: Had a drink before (the Constable entered. Was in the bar three or four minutes. Put his glass on top of the counter. . The glass was there when the police came in. Ross didn’t say anything at all. He just came in and said “what ho!” or something and at the same time the police came to the door. The door opened with an ordinary handle. Did riot tell the police he had had a drink. Had a lemonade. Did not open a bottle. A. E. Shadbolt, senr,, licensee of Manawatu Hotel, said he generally left the hotel on Sundays and took the keys of the bar away with him. Was his own barman. On the Sunday night in question his wife asked witness for the key. Gave it to her. He and his wife had iust retrirned from church. His wife said she would like a /glass of wine before going to bed. His son wanted the keys of the bar but Mrs Shadbolt would not C gvie them to him. At last she ■’ g aV e way. When the police called him he said to his son,' What sort of game is this ?’ ’ Ross then said be was to blame. Witness was a bit excited at the time. Had been in the hotel business about 12 months. «‘ „ By Constable 3 Woods: Ross frequently visited his hotel—was often there. Very often go to church on Sunday and don t go into the bar. By the S.M: Heard a trap drive into the yard. The stables were free to any one to put their horse up. They only charged for horse feed# His wife and t ll3

son asked for the keys of the bar

Mr Reid contended that no serious breach of the Act had been committed. The son simply went into' the bar to get a drink for himself.

The Magistrate said that it appeared to him that the licensee was trying to conduct his house strictly and hoped he would continue to do so. The bar could be kept open for a legitimate purpose. He was not satisfied that a breach of the Act had been committed. If Ross had asked for liquor he believed he would have been refused. The case against the hotelkeeper, therefore, would be dismissed. He would fine Ross ios and cost 7s. The Magistrate said the police were fully justified in bringing on the case and commended them for the action taken.