LICENSING CASE.

Manawatu Herald, Volume XXX, Issue 442, 14 November 1908, Page 3

LICENSING CASE.

Police v. Mrs Cullen.

Charges Dismissed.

At the S.M. Court yesterday, before Mr A. D. Thomson, S.M., Caroline Cullen, licensee of the Manawatu Hotel, was charged by thStpolice, that on October nth, 1908, at Foxton, she did, during the time at which licensed premises are directed to tie closed by the Licensing Act, keep open su:h premises for the sale of liquor, and did expose liquor for sale on such premises. Defendant pleaded “notguilty.” Sub Inspector O’Donovan conducted the case on behalf ol the po'ice, and Mr luues appeared for defendant. Albert Turner, labourer, on oath deposed that he was a boarder at Spiers’ boardinghouse. On Sunday, October nth, between 7 and 8 a.m., was talking outside Manawatu Hotel to Stephen Fo'.ey and another fellow. Phillip and John Gunn came out of the hotel. Phil Gunn asked us all to have a drink. Entered the hotel by the side door. The bar was shut. Phillip Gunn heard a movement inside the bar, and knocked. Mis Cullen came out of the bar and into the passage. She closed the bar door. Phil Gunn asked for drinks. Mrs Cullen asked if they were lodgers? They said “ Yes,” and she said “ Alright!” The liquor was supplied. Did not know who the fifth man was. Witness had a pint 01 beer; the others had shandies and beers and long ones. Two bottles of beer were also served. The man who asked for two bottles of beer paid for the drinks. Constable Wools came in, and asked Mrs Cullen what was the meaning of this, and stated that she had no right to sell on Sundays. She said they were all lodgers. Constable Woods said witness was not a lodger, and took witness’ name. Mrs Cullen said the names were in the book, and went upstairs to get it. On coming down, Mrs Cullen said they were so busy on Saturday night, that they never had time to put the names down.

To Mr Junes : Knew Mrs Cullen through being frequently at the house. Phillip Gunn paid for the drinks. Did not see him pay for the two bottles. Couldn’t see inside the bar unless you stooped down. The constable said he was satisfied both the Gunns were boarders.

Constable Woods said he visited the hotel, accompanied by Constable Sweeney. Saw Phillip and John Gunn, Stephen Foley and Albert Turner drinking. The bottom slide of the bar door was open. Mrs Cullen was coming out of the bar with a bottle of beer iu each hand. He asked for an explanation. Mrs Cullen said : ‘‘lt is alright, Mr Woods, they are all boarders.” Asked if Turner was a boarder, and she replied that he came in late on Saturday night. Asked for the book, and Mrs Cullen replied that they all came in late on Saturday night, and she didn’t have time to enter the names. She would call the housemaid, who would say what rooms they occupied. She said the two bottles were for Gunn, who paid for them on Saturday night. The housemaid stated that Turner had slept there the previous night in No. 7a, and that he came in at closing time. Witness said that he knew Turner was a boarder at Spiers. Turner said he slept iu the hotel with Stephen Foley. Asked Foley whether Turner slept with him, and he replied, “No ! I am not going to tell a lie for anybody.” Saw Turner iu the street at 10.30 o’clock ou Saturday night.

Mr Inner said Mrs Culle 1 admitted Turner did not sleep there ou Saturday night.

To Mr lunes: Did not see a filth man present. The side entrance was not private. The lower door of bar was open. Would have to stoop to see inside the bar.

To Sub-Inspector O’Donovan : Saw Gunn 011 Sunday afternoon, under the influence of liquor. Mr Lines, for the defence, said liquor was supplied to Gunn’s friends, who were all boarders, except Turner, about whom there was some misunderstanding as to whether he was a boarder. There was no evidence to prove that liquor was exposed for sale, as only the bottom door was open. The side door was kept open for the convenience of boarders.

Caroline Cullen, licensee of the hotel, preferred to make an affirmation instead of being sworn. She stated that the Gunns, Foley and Blandford stayed at the hotel, and was under the impression at the time that Turner stayed there. On the Sunday morning in question was in the bar putting away the money and tidying up. The bar door was locked. Heard a knock, and went outside. Saw five men and they asked for drinks. They said they were all boarders, and she served them with drinks. Handed the drinks out one at a time under the slide. Did not undo the top door. Phillip Gunn asked for the two bottles he purchased on Saturday night, and she gave them to him. Told the Constable she thought Turner was a boarder.

To the Inspector; Gunns had never stayed at the hotel before. They engaged beds in the afternoon, and had tea there on Saturday. Inspector : Why did you ask if they were boarders ? Witness said • she found out subsequently she had made a mistake about Turner. Always thought boarders could “ shout ” for their friends on Sundays. Did not tell the Constable that Turner was

staying at the hotel. Phillip Gunn gave evidence on similar lines. When he asked for the drinks he told Mrs Cullen they were boarders. Did not know Turner or Blandford. Had stopped at the hotel two or three times since Mrs Cullen had had the hotel.

To the Inspector : Had seen Mrs Cullen 40 or 50 times. Had previously slept there. Thought Turner was a boarder because he saw him outside the hotel on the street.

John Patrick Gunn gave evidence as to drinking with Foley, Blandford, Turner and his brother. Foley and Blandford were staying at the hotel. They were talking outside the hotel before going in for the drinks. Mrs Cullen said there would only Le “one round.” His brother paid for the liquor. Did not previously know Blandlord or Turner. Had known Foley lor about six weeks. Had slopped at the hotel about a dozen times. Mrs Cullen knew him pretty well. Stephen Foley, labourer, gave evidence of a similar nature to the previous witnesses. Stayed in the Manawatu Hotel 0.1 the date in question. He occupied bedroom No. 1 on the said Saturday night. Four persons occupied the room in which he slope ; there was a big double Led ana a single bed in the room. Three slept in one bed, and he slept by himself. They were speaking outside the hotel 12 or 15 minutes previous lo getting the drinks.

The Magistrate said he must dismiss both cases, as a boarder was entitled to treat his friends, and the liquor was not exposed for sale. Being on Licensed Premises. Albert Turner was charged with beiug found on licensed premises— Manawatu Hotel ou Sunday Oct., nth, he not beiug a boarder or a bona fide traveller. Defendant pleaded guilty and was fined 20s, with 7s costs. He was allowed up to the 21st iust., to pay.