S.M. COURT.

Otaki Mail, 31 January 1919, Page 2

S.M. COURT.

OTAKI—THIS DAY. (Before E. Page, Esq., S.M.) Liquor Cases. Geo. Warry pleaded guilty to a charge of procuring liquor while prohibited. Inspector McKinnou stated the man was seen coming from an hotel with bottles of beer. He had not been before tho Court for some time, while tho breach was the first since the order was made. j CcnvrVted and fined i'J and costs 7s. ( T. Ayre, charged with procuring | liquor while prohibited, failed to ap- j pep.'r. , Constable Satherley stated that on I the 23r.l November ho saw accused. | who had a jar. On being questioned Ayro rushfcd into a Maori place, and when he came out he had nothing in it. Later witness saw him with btf -r j in his possession. He was a hardworking man when sober. Fined £3 and costs 7s. Civil Cases. . -. W. F. Edwards (Mr Kirk) v. Mita Tupara, claim £l. Judgment by default, costs 10s. " A. Rankin (Mr Harper) v. L. Maugham, claim £lO 5s 3d, judgment summons. Mr Harper pointed out that defendant was employed in .Toues' garage, and as i'ar as he knew was a single man. v-i „=, Order made, in default 30 days', imprisonment, order to be suspended if f £3 per month be paid. Solicitor's fee v £l Is was allowed. Breach of Licensing Laws. Alfred J. Hulmc appeared on three charges of selling liquor to a prohibited person, permitting a iirohibited per- . son on licensed premises, and selling liquor after hours. ■ Mr Jackson appeared for defendant, I who pleaded not guilty.

Constable Satherley stated: On the 7th December, at 2.5 p.m., I saw Warry, a prohibited person, come from the side entrance of the Family Hotel. I asked him what he had under his" coat, and he said liis lunch. I took a bottle from him, and it proved to bo beer. After a time I took the bottle to Mr Hulmo (licensee), who denied serving Warry. Later I saw him again aud ho asked me if I was going to withdraw the case. Hulme ;aid it was hard on him as he was doing no business. Later I again saw Hulmc and he said Warry stole the beer. I then went and took a

statement from Warry. (Statement produced, but not read "m Court.)

To Mr Jackson: Hulme has conducted the hotel well till recently, and I have had occasion to warn him. ] have seen men under the influence of drink and prohibited persons coming from the hotel. Hulme has been honest, aud is a man I can trust and believe. He may have turned Warry- off the premises on many occasions. I" know Ingram (librarian). I cannot say if he was in tho bar when Warry was ordered off. I know Ingram was on the premises, but I don't think he knew all that, was .going on. Ingrain told me he had been approached and asked• ro tell a deliberate lie. I met Warry about 100 yards from the hotel. I am sure he had a coat on, but I cannot swear if ho wore an apron. From ' information I got from him I went K> Hulme; I did not ask Warry to go baftk with me. It might have been as well had I done no. The bottle (produced) is the one I took from Warry. I cannot say if the beer is draught, but I think it is. It is a common practice. for people to go through the back part of the premises; it may be a common dumping-ground for beer. Warn- did not tell me he picked it up, but he told me Hulmc served him at the back door. Hulme said to me be never served Warry, but did not say he had warned him off the premises. He told me hehad warned Warry off the -place on several occasions. I did not gay to Hulme I would fix hirn. I said I would report the matter, as there had been many complaints. I was* told by Hulme that he had ordered Warry out of a house where he was staying at the back of the hotel. Hulme asked me'to warn Warry about thieving. I did so, but Warry said he had committed no theft, but had killed two by kicking them.. He paid for both fowl*. Hulme had told me Warry bad been caught redhanded. I would not arrest on Hulme's statement. . I know there is trouble between Hulme and Kennedy over the hotel, but I did not know Kennedy was anxious to get Hulmc out of the hotel, I have never been in communication with Kennedy over the matter. When I served the summons on Hulme I did not tell him he would not be in the hotel at the time of hearing, as he would be well out of it by then.

fjeorge Warry deposed: I am a blacksmith, and went to the Family Hotel and go! a glass of beer and a bottle of beer... The beer was .taken from me by the constable while I was coming from the hotel. / have had beer from the hotel at other times during the currency of my order. Sometimee Hulmchas refused me.

To Mr Jaeksos: I saw Hulrae on 1 Wednesday, when he..advised"■ •m* to"I stick to him and said ir would fee all right, meaning-the ease.' I told;the eonstable I had picked up the. door of the hotel on several occasions; Holme has many times refused to serve me, but often beer ha* been put at the:

back B<H>* lot we. Mr liigrata. v.as pre-' j seat when I got tie beer. J . Mr stated Mr Htihae wwld J swcsr he did aot svrvz the beer, acd li\ would be his eviiSeijec sigalßii Wurry'f. * If W»rh" 'wa» jr 't9..bc l*el£e*ifdi it■wo«id I uercr jbe safe'Xor aar'publican to.earrj oa ■lbu'siness.. J|t< submitted tie ti>nstab#% cjjtdeace did :'rM h&§~, sSj be fefMlraei'.tVfirr.' a ka»dr«l yarda : froja; !be Jwtirf. Tb'» did ac* prove Warr?

property s••'«* oititu wttd as a ihort'xvt;. r.t!« therefore', itere was ample eßaceto» Warry ti-.e beer fc?i«wl:er£v The dsirge ' wai' a serious am, espeei-

ally as Kennedy was anxious to got" Hulrne out of the hotel, and a conviction against him would go very hard when ho wanted to get into another hotel. ' •.' Alfred John Hulme; licensee of tho Family Hotel, stated: Worry, well; he stayed at my place free of charge for some time.; The constable was the first "to bring him; Warry was then outside. I got rid of Warry bocause of his filth and because he stole some forty of my fowls. Warry admitted the theft, and I went to the police about it. . I got 50s to recompense me for the fowls. On the 7th i December Warry came to me at about , 12.30. and asked for a drink. He came Ito the door at the fire escape. 1 said, j '-Get off these promises: you are proj hibitcd—get off, or I'll throw a bucket of water over you! " .Mr Ingram could \ hear and see what took place. Warry Ileft. He got no beer from me. I spoke to "Warry a day or so ago, and , asked him about the case. I also offered to put him into Rotter's business. It is a co'ium»ii practice for beer to bo "planted" in my back yard. I have found no less than six bottles at ono time. I have never left beer near my back door to be picked up by "Warry. When Warry came to me on the 7th December there was a basket of 12 bottles in the passage, left there by mo while I went, to attend to a customer.

The constable accused me of selling beer to Warry; I gave his statement a denial anil told him I had ordered Warry off tho premises. The constable said he would fix mo and report mo, and that he had waited for me. (Loft sitting.) ? ,i