BREACHES OF LICENSING ACT.

Manawatu Herald, Volume XLII, Issue 2119, 24 April 1920, Page 3

BREACHES OF LICENSING ACT.

HOTELKEEPER COX TILTED. At yesterday’s sitting - of the Magistrate’s Court, before Mr J. L. Stout, S.M., Thomas Curran, licensee of the Family Hotel, Foxton, ivus charged by the police with (1) .-applying intoxicating liquor to a Maori (/Tangaroa Paki), for con-.-umption off the premises, and (2) with selling liquor when the premises are required by law to be closed, Senior-Sergeant Fraser conducted the prosecution on behalf of the Police, and defendant, who pleaded not guilty, was represented by Air Bergin. For.the prosecution the Police called the following evidence: —•

Douglas Simpson, 17 years of age, cheese fa dory employee, Bainesse, dated Unit on the night of March. ‘Bird lie came into Foxton, together with Hadfield, Raid, Larkins, and witness’ brother. Hector, in Larkins’ motor car. Their object was to gel liquor, and they brought a live-gal-lon jar to get it in. On arrival at Foxton the car was taken round to (he garage to get a new lube put in, and witness, his brother Hector, and Paki, walked down to the Family Hotel, taking with them the empty live-gallon jar. Witness stayed outside. Some little time later the motor ear arrived at the hotel, the horn was blown, and Paki and Hector Simpson immediately came out, with the jar full of beer, it was between 10.30 and 10.45 p.m, The jar Wis in a sack. Ht> didn’t know which one carried it out. The jar was pal in the ear, and they all went back to Bainesse. They ail had a drink or two, and then went to bed. When witness word to bed ho was not perfectly sober. Td Mr Bergin : They had bad seme drink''at Bainesse before coming into Foxton. They had a bottle nearly full of whisky, and a bottle with some beer’ in it. They bad been drinking’ that; before Larkins came along in bis car. A Native named Fitzgerald was also at Bainesse at I lie time, but wit ness could not remember whether be came oiio FoxImi in the car or not. \\ du<*ss did not drink much, and it would not take much (o make him intoxicated. They finished all the liquor t hoy had at Bainesse -before coming into Foxton. He was not quite sober when they left the factory, in fact, ail of them were He didn’t remember who suggested they should go to Foxton to gel more beer.

To the Police: Before leaving Ba-ine.-.se Larkins said he bad no benzine, so 1 hey obtained some lor bun. They came to Buxton solely to gel liquor. Peed Edward lladliehl, farm labourer, Rangioln, said be was 22 years of age. He staled that when they bad druid-: all the liquor they hail at Baiuesse he suggested going to Foxlou Id gel some mure. They tool: a live-gallon jar witli ihem to carry if in. On arrival m fox!on, Paki and the 1 two Simpson-; gel oui and witness and the others went in tin* ear to the motor garage. They afterwards drove (lie ear down to the bold. He was parity asleep at the time. He knew the jar was placed back in tin 1 ear, and he found it was full of beer when they arrived back at Baiuesse.

To Mr Bergin: It was witness who suggested coming to Pox ton to get more liquor. Some one said they had no money, and witness produced /eight shillings, and Paki put a pound to it. Witness did not go into the hotel. He didn’t, know who brought I lie beer out of the hold, as he was half asleep. He woke up on t ho way home. He admitted he was under 1 Ik* inllueuee of liquor. To the Police: The five gallons of beer cost about 255. Before they left Baiuesse he thought they would be able to get the beer in Eoxton alright.

To the Magistrate: He gave his 8s to Paki. ..

Hector Simpson, 19 years of. age, factory hand, Bainesse, said Unit on arrival in Foxtou, himsell, his brother and Baki got out of the car, and went to the-Family Hole!. They took the jar with them in a sack. His brother stayed outside, and witness and Baki went into the hotel. They saw the licensee, Mr Curran, and asked him to fill the jar with beer. They also had a shandy each in the hotel. Curran supplied this also. Witness did not pay for tlie liquor. Paki paid for it. M itness did not actually see the money paid. It was about 10 p.m. They put the jar , in the car, and went hack to Bainesse. They had a little difficulty at first in obtaining the liquor. They asked the licensee for the beer, and lie said: "No, ! can 1 do it. They “kidded to him" a hit, and in The end he filled the jar. They holh carried Ihe liquor out ot the hole!. To Mr Borgin: Witness said he didn't have much liquor at the factory before leaving for Foxton, but admitted he was not quite sober then. On arrival at the Family Hotel they knocked at the back door, but getting no reply, they walked up the fire escape and through the house. There were lights in the building. Witness said he had only been in the hotel once or twice : before. He was cerhyn it was the licensee that supplied them with the liquor. They both asked.to- have the jar filled up. Witness denied tellinganyone at Bainesse that he was coming into Foxton to give. the constable £5 to destroy the statement he had made. To-(.he Police: He had been supplied with liquor at the hotel before, hut it was not the licensee who served him on that occasion.

Tangaroa (Tom) Paid slated that he was nut a full-blooded Maoii, but was-between a half-caste and a Maori. lie resided between Rangiotu and Bainesae. He had a slight

recollection of coming into Foxton with .Larkins and some others in Wit* car. Ho did not quite remember who were in the mu*. According to what the others had told him since, they came into .Foxton. He knew veiw little about what happened that night. He was a bit “fizzed up” before he left Longburn, and couldn’t remember what did happen afterwards.

The Magistrate: You mean you won’t remember. Don’t you remember walking up the hotel fire escape? Witness: No, I don’t gemeraber it. The Magistrate: You had better • ell the truth.

Witness: I was between sober and half drank when I left Longburn, and couldn’t remember what happened since. He didn t remember going into the Family Hotel. He didn’t get a bottle of whisky from the Longburn Hotel. lie didn’t quite remember leaving Foxton, and didn’t remember having any liquor atgßainesse when (hey got back. He had a good memory as long as he wan sober. He was not getting anything to ciune to (he Court and tell lies. Air Bergin commenced to crossexamine the witness, but the only replies lie could'get were that the witness did not remember, and the Magistrate remarked that it was useless further questioning him, as he didn’t believe the Native. He was lying. This concluded the case for the prosecution.

Mr Bergin said that the charges against Ids client were very serious ones, and that before a conviction was entered (tie evidence should he conclusive. He. submitted that it was not so in these eases, as one of the witnesses for (he prosecution couldn't, or wouldn’t, tell anything, and another staled he was asleep part of the time. Counsel contended [fiat the evidence bad tailed to establish the charges. He said he (lid not intend to cal! any witnesses.

The Magistrate said he considered there„.was sufficient evidence of a sale, hs it was defendant’s lir-4 conviction he would not endorse the license'. Had it been a second offence the license would have been endorsed. Defendant would lie (ined CIO on tlie first charge, and f 5 on the second, and ordered to pay costs

and witness’ expenses, i’2 3s (id in all. No expenses would be allowed Paki.

.1 LB EC AELY OX PREMISES. Harry WiilsM, Percy I cily, and Arthur Tollison were charged with being found whh.oui lawful excuse i n i'ic premises oi.‘ ill!' Family lintel c,n April 17th, a! a lime when such premises are required l»y law In he chiscd.

Constable Woods staled that the three defendants were, found in Cm bar parlour. They gave no excuse 1 for being on the promises. They ware all first offenders.

Kiii'li defendant was convicted and lined ‘ids, wiili costs 7s. George 1 ,enhain, who was defended iiy Mr Bergin. mid pleaded not guilty, was charged with being illegally an Ihe premises of the Post Oriice 1 lulel on .Sunday, April .111 h. ■ Scnior-Sm-genat Fraser s- 1 ;s! «‘<! that lie was in I lie Posi Office iioU‘! nl ; . (unit B.HO j i.ni. on April IJ.t !i, and

snv two men in the passage-way. One man said he was a hoarder, ami tlie other (defendant) said he was not a hoarder, hut had pone there to see a man named Mclntyre. Dafendiint smelt strongly of liquor. Witness sent (or the licensee, wuo stilted that he didn’t know the man was on the premises.

To Air Bergin : Mr Beveridge slat - ed that Mclntyre was staying in the house, :ind that, he stayed lliere every week-end. Bonham didn 1 say wliy lie wanted to see .Melnlyre, George Lenham stated that he went to the hotel to see Mclntyre to make arrangements for accommodation iit the swamp, where he was going out to work the following day. He didnt’ know whether Mclntyre was staying at the hotel at the time, hut witness had worked at the hotel for a period of throe years, and knew (hat Mclntyre usually put up there ill week-ends. He was to go out to the swamp by boat, at 7 o'clock the next morrung, hut as he could not see Mr Mclntyre and arrange for accommodation he was unable to get away until the following week'. He hud just arrived, on the premises when the police spoke to him, and didn’t have time to make enquiries for the man he wanted to see. Tiie Magistrate indicted a line of 20s, with costs 7s.