BREACHES OF THE LICENSING ACT.

Manawatu Herald, Volume XXXIV, Issue 1077, 1 August 1912, Page 2

BREACHES OF THE LICENSING ACT.

MANAWATU HOTEL LICENSEE CONVICTED. FINED FIFTEEN POUNDS & COSTS. NO ENDORSEMENT OF LICENSE. At the Magistrate’s Court yesterday, before Mr A. D. Thomson S.M., Percy Lumsden, licensee of the Manawatu Hotel, was charged on the information of the police with (i) Did supply intoxicating liquor to a female native (o wit Hope Hingawaka, the said Hope Hingawaka not being the wife of a person other than a native, such intoxicating liquor not being required for medicinal purposes upon authority of a registered medical practitioner, and (2) did in a district proclaimed as a district in which the provisions of section 43 of the Licensing Act 1910, shall apply, to wit, the Karahapo District, supply intoxicating liquor to a native to wit Hope Hingawaka, such liquor not being for consumption on the licensed premises in which it was supplied and not for medicinal purposes on the authority ot a registered medical practitioner and not for a native who is the wile of a person other than a native, contrary to the Statute in such cases made and provided. Defendant, who was represented by Mr H. R. Cooper, pleaded not guilty. Sub - Inspector Marsack conducted the case on behalf of the police.

For the prosecution the following evidence was called : Rore Pitihira, of Himatangi, stated that on Saturday, May 4th, he came into Foxton to play football. After the' match he went to the Mauavvatu Hotel lor tea. Previous to having tea he and two others went into the main bar to have a drink. He saw Haeana Wi Hemera with two white men at one of the slides. While he was there Hope Hiugawaka, who was living at Motuiti at the time, and whose husband was a native, came into the hotel with Taylor Hoterini. She went up to the slide nearest the Hall Street entrance and called out to Mr Fumsden, who was serving in the bar. He went over to her and witness heard her say in Maori, “I come Irom Rotorua, I am a stranger here. I wish to be served with a bottle of schnapps.” Witness then went round to where she was and Lurasden called out to Haeana to come and interpret. Haeana did so, telling Cumsden that the woman wanted a bottle of schnapps. Fumsden went and got a, bottle from off the shelves and handed it to her. The pottle was not in a cardboard wrapper. It was sealed, not having been opened. No glass or corkscrew was supplied. Hope Hingawaka handed defendant some silver. She took the bottle and went straight out with it. She is a Maori woman and no one could mistake her for anything else. To Mr Cooper: Some of the Motuiti natives were relatives of his. The girl who had died the other day was a second cousin. Was friendly with the Motuiti natives. Would not say that all the natives there were very bitter over the tohunga business. He knew Wm. Young but did not remember seeing him in the bar that night. There were about nine people in the bar at the time. William Woods and Fria Peni were with him. They only had one drink. Witness drank squash and lemonade. Hope Hingawaka came into the hotel from Hall Street. She didn’t go into a private room. Would swear that the bottle supplied contained liquor. Couldn’t say how much money Hope Hingawaka handed Lumsceu, but thought defendant said the bottle was 9s 6d. Some change was given back. It was about six o’clock in the evening, and he believed that the gas had been lighted. The woman didn’t call out loudly. To the Sub-Inspector: Had no down on Tumsden and was always on the best of terms with him.

Haeana Wi Hemera, farmer, of Motuiti, said that after the football match on the day in question he went into the Manawatu Hotel with some triends to have a drink. While he was there Lumsden called out to him to go round to the other slide and translate what a Maori woman was saying. Went round and saw Rore, Taylor and Mrs Hingawaka. Witness asked her what she wanted and she said she wanted a bottle of schnapps. Witness translated what she said and then went back to his friends, and Lumsden went back into the bar. Didn’t see anything pass between him and Mrs Hingawaka. To Mr Cooper: He knew it was wrong to supply a Maori woman with liquor. Couldn’t say if Lee was in the house at the time or not. Witness didn’t go into the sitting room at all, nor did he handle a bottle of schnapps. He didn’t get a bottle ot schnapps for Mrs Hingawaka. Mrs Nap Heta was his cousin. He certainly had leeliugs against the wrong doing that had taken place at Motuiti. Couldn’t say whether Young or Small were in the bar that night.

To the Sub-Inspector : He had no feeling against Mr Fumsden and was on the best of terms with him. Did not blame him in any way in connection with the tobunga business. Since he received the subpoena Dumsden had told him that he had got him (Xumsden) into trouble. Witness explained that he had not said anything about the matter. Taylor Hoterini, labourer, of Motuiti, gave his evidence with the assistance of an interpret

ter. He said that on the date in question he came into Foxton with Mrs Hingawaka, Hingawaka, Nap Heta and Louisa Heta. They were in town all day, and in the evening went to the Manawatu Hotel. Mrs Hingawaka and himself went into the hotel, the others remaining in the trap outside. Mrs Hingawaka went up to the slide nearest Hall Street, witness following. She said in Maori to Lumsden, who was in the bar, “ I come from Rotorua and am a stranger here. I wish to be served with a bottle of schnapps.” Lumsden replied ‘‘l do not know what you are talking about.” and he called to Haeana to come over and interpret. Haeana did so and Lumsden then said, “ All right. Haeana then went away, and Lumsden went and got the schnapps. Witness saw him put it down in front of the woman. He knew by the bottle that it was schnapps. Lumsden wrapped it up before giving it to the woman. The bottle had not been opened. Hope Hingawaka tendered some silver in payment, and Lumsden gave her sixpence change. She put the bottle in her shawl and they then left the hotel. To Mr Cooper: It was about dusk when they went into the hotel, and the gas was alight. There were others in the bar. Only had about two drinks that day. Haeana was a friend of his, but it made no difference to him whether Lumsden or Haeana got into trouble. He remembered Lumsden speaking to him in Healey’s shop. Lumsden said, “I hear that you accuse me of selling liquor to the tohunga and witness replied 1 ‘ No not to the tohunga, to Mrs Hingawaka.” Lumsdeu then said “ You shouldn’t say such a thing.” and also that he would be a big loser if he lost the case over it. Witness said he certainly did not say that it was Hingawaka, when he was in Healey’s shop, and then later on in the day tell Lumsden that it was Mrs Hingawaka. He never spoke to Lumsdeu about it in the street. Last Wednesday, at Motuiti, Lumsdeu had asked him to tell him the evidence he was going to give, but witn had replied that he would u cai iL in the Court. When Lumsden handed over the bottle of schnapps he said to Mrs Hingawaka, “ Don’t show it to anybody.” This closed the case for the prosecution, and for the defence Mr Cooper called Percy Lumsden, the defendant, who stated that he very seldom sold schnapps by the bottle, and when he did so it was sold in the cardboard wrapper. About three months ago he remembered selling a bottle, but understood that it was for a white woman. He was fairly busy at the time, there being in the bar, among others, the three previous witnesses, Woods, Xee, Lacey, Young and Small. Lee and Lacey were at the slide opposite the stairs and Young and Small were at the main bar. Just before tea time, previous to the gas being lighted, Rore, Haeane, Taylor and Woods were at the slide nearest Hall Street, and witness was up at the other end of the bar when Haeana called out. “ How much a bottle of schnapps boss ?” The following controversy then took place, witness saying, "Who is it for, Bill ?” " For a lady in the sitting room, boss.” "Is shea white lady, Bill?” “Yes, boss.” " Seven bob, Bill.” Then he left the slide and came back a minute or so later with the seven shilliugs. Witness took down a bottle of schnapps, which was wrapped up exactly as taken out of the case, rolled it in paper and handed it to Haeana, asking him to take it round as he (witness) was busy. Witness saw no women and was positive their was no. female in the bar. He first heard of the prosecution about three weeks ago when Constable Woods came round to him and said, " What is this I hear about a case against you for supplying the Maori tohunga with liquor ? ” Witness said, “ I don’t know a Maori tohunga, I don’t know the man.” Woods said, " He’s a big fat fellow,” and witness replied, "I don’t know the man at all.” Woods then gave him the names of the witnesses and said he could go and see them if he wished. About two days later witness saw Taylor in Healey’s shop and said to him, “ What is this I hear from Woods about you laying an information against me for supplying the tohunga with liquor ? ” Taylor said, "So you did.” Witness said, " You fellows will be getting into trouble if you give false information like that.” He said, "AH right boss, we’ll have in out in court.” Witness replied, "All right, we’ll leave it at that.” About half an hour later he met Taylor on horseback and he stopped and said to witness, " I say, boss, not the tohunga you served ; you served the tohunga’s wife.” Witness asked, "is shea Maori woman?” and he said “ yes, boss.” He said, " Can she talk English?” and Taylor replied, " No, boss.” Witness then asked Taylor how she asked for a bottle of schnapps if she couldn’t talk English, and he said that Haeana had interpreted tor her. Witness said, "Oh, thats a different tale ’ ’ or words to that effect.

To the Sub-Inspector ; Had been in the Manawatu Hotel for two years. Before that had managed the City Buffet Hotel, in Wellington for ten years, and previous to that was manager of the Occidental Hotel in Masterton for three years, where he had a good deal ox experience with natives. The witnesses for the prosecution hid sworn what was not true, but could give no reason why they should do so. He had a good deal to lose if the case went against

him. Had never quarrelled with the Maoris.

William Lacey, stated in evidence that on May qtb, at about dusk, he was in company with Geo. Lee —was at the slide opposite the stairs and Small and Young were in the Main bar. He heard Haeana ask for a bottle of schnapps. Haeana was at the other slide. He asked the price first and the defendant asked who it was lor. He said it was for a lady in the sitting room and upon Lumsden asking if it was a white or a black • lady, said it was a white lady. Witness did not stay any longer, but he saw Lumsden wrap something in a newspaper and hand it over. Just afterwards Haeana walked past them with the package in his hand and went towards the sitting room.

To the Sub-Inspector: Didn’t hear Lumsden call Haeana. Had uo idea whether there was a woman in the room or not. Didn’t know either Hingawaka or Mrs Hingawaka. George Lee gave similar evidence to the previous witness. Under cross-examina-tion by the Sub-Inspector, he said that W. Young, who was known as ” Weary Willie,” had told him it was his birthday and had asked him to have a drink. He couldn’t see everyone that was at the slide, and there may have been a woman there, but there was no woman there when he came in a few minutes belore. He didn’t hear Lumsden call out to Haeana.

William Young, fisherman, residing at the Manawatu Heads, said that his birthday was the second of June. Remembered being in the Manawatu Hotel on the first Saturday in May, Saw Lacey and Lee there. He asked Lee to have a drink saying iu a joking way that it was his birthday. Saw Haeana come to the bar, but did not see anyone with him. Saw a bottle of schnapps sold to Haeana. He told Lumsden he wanted a bottle of schnapps and Lumsdeu asked if it was for a white woman, because Haeana did not say anything about it being for a woman at all until afterwards. Saw the bottle handed to him. It was in the original wrapper. No paper was wrapped round it. Haeana took it out in his hand.

To the Sub-Inspector: The gas was not alight at the time.. Charless Small, fisherman, Manawatu Heads, said he heard Haeana ask the price of a bottle of schnapps. Lumsdeu asked who wanted it and he said a lady, and Lumsden asked it it was a white lady and he said yes. Lumsden then said the price was seven shillings. Haeana then went away and came back a minute or two later with some money which he passed over to Lumsdeu. Lumsden wrapped a bottle up and gave it to Haeena, who took it away. To the Sub-Inspector: Had only had two shandies when Haeana called for the schnapps. At the lime the gas was not alight in the bar. This concluded the evidence. •

The Magistrate said that he had no reason to doubt the evidence of the witnesses for the prosecution. They had given their evidence fairly, and it was direct and not shaken by crossexamination. There were slight variations, which one might expect after a lapse of so long a time. There was uo doubt it was Haeana that ordered the liquor on behalf of the Maori woman. The defendant would be convicted on both charges. Before infiictine any penalties he would hear thg police report ou the conduct of the house.

Constable Wools said the conduct of the house had been good since Mr Lumsden had been iu charge. The defendant was fined ou the first charge, with costs 13s and witnesses’ expenses £1 is, and £5 and costs 7s on the second charge. The license would not be endorsed.