LICENSING BREACHES

Manawatu Herald, Volume XLV, Issue 2669, 8 December 1923, Page 2

LICENSING BREACHES

FIXES INFLICTED. At the local S.M. Court yesterday, before Mr J. L. Stout, S.M., H. F. Preston, licensee of the Post Office Hotel, was charged that on Sunday, November 18th, he did expose liquor for sale and the porter, Albert Port, was similarly charged, and F. Walsh was charged with being illegally on licensed premises. Mr Hollings appeared for defendants, all of whom pleaded not guilty, and Senior-Sergeant Fraser conducted the prosecution for the police. Constable Owen, in evidence stated that at about 7 o’clock on the morning in question, lie saw Walsh talking to the porter of the hotel. After a little while both men proceeded to the rear of the hotel and 1 e followed them. He heard voices coming from the direction of the bar, hut the bar door was shut with the keys on the outside. He opened the. door and saw the porter, Walsh and Brosnahan inside. Subsequently Brosnahan said he was a boarder and Walsh’s explanation was that ho was there on egg supply business. The latter did not- have any eggs with him.

Mr Hollings : Walsh is a perfectly decent, docile resident, who possessed a good character from exC'ommissioner of Police O’Donnovan.

The S.M.: There are a lot of perfectly, decent docile persons in this town who would not mind having a drink in similar circumstances if they could get one. Constable Ryan gave corroborative evidence.

Mr Hollings in outlining the defence stated that Walsh was a respectable retired civil servant whose object in visiting the hotel was of a business nature. While on the premises he was invited to have a drink as (he guest of a hoarder, one Brosnahan, which act was not a breach of the law. The constable appeared on the scene before the liquor was served. The licensee was not present and had given instructions that liquor was not to he sold during prohibited hours. H. F. Preston, licensee, in evidence, .stated that Brosnahan was a hoarder and that Walsh was visiting the hotel in connection with the supply of eggs for the establishment. He believed that Walsh and Brosnahan had met the day before.

The S. M.: Why did not Walsh make his arrangements for the eggs the day before? The licensee said Walsh made his arrangements with the cook and he did not take particular interest in his visits to the hotel. Francis Walsh gave details of the egg-supply to the hotel. lie visited the ludel oil business and not to have a think. Brosnahan, a hoarder, invited him to have a drink and he knew it was legal for him to do so —hut he did not get the drink. Cross examined by Sergeant Fraser, defendant said he may have threatened It. go to Wellington to report Constable Owen because he would not accept his explanation. The S.M. said he was not satisfied with Walsh’s explanation. Walsh was not a bona fide guest of the hoarder and there had been a clear evasion of the Act. The licensee would not he convicted, but the barman would he convicted and fined £7 and costs and Walsh £2 and costs.