S.M. COURT.

Otaki Mail, 8 September 1922, Page 2

S.M. COURT.

e OTAKI—THURSDAY. ("Before J. Logan Stout, Esq., S.M.) Alleged Breach of Licensing Act. Police Vv- X. Walsh (Mr Ferry) charge (1) that he .did expose liquor for sale after closing hours, (2) did sell liquor after closing hours. —Defends.m pleaded, not guilty. Police v. K. Walsh —Charge of sup■plying liquor to-a person after closing hours.—Defendant pleaded not guilty. Police v. H. Bright—Charge of beingfound on licensed premises after closing hour*. —Defendant pleaded guilty. Police v. W. Bowden —Similar charge. Pleaded not guilty. Police v. W. Avro —Similar charge.— Pleaded not guilty. Sergeant Manly said Constables Cole a ml Dry done entered the hotel and visited the billiard-room and saw five persons including the accused. The licensee. Bowden, and an unknown man were seen to leave the room. Glasses were found on the bar slide. Constable Cole stated: On the Unit August he and Constable Drydone entered the Central Hotel from the from door. AVe wont to the billiard-route, and there we saw the slide o! the ear open, Airs Walsh behind the bar, and glasses on the slide. After we entered Bright and Ay re came towards us. I - sited Avre if lie was a boarder and he said no. and went to leave. Bright, being a butcher, said he had called ter tile Sunday order, .ft- the other end el the billiard-room I saw Walsh, Bowden, and an unknown man go out on in the street hurriedly. Constable Drydone and I went to the slide where Mrs Walsh was standing and she was asked if she was in the habit of selling liquor after hours. Her reply was "yes. (o boarders." Constabh Drydone and I retraced our steps to the Ironl door and met Mr Walsh. Constable Diydone asked the same question as asked to Mrs Walsh, and Walsh answered "yes. to boarders as he had tto suitable room downstairs." We saw- Mrs Walsh remove gla.-ses from the slide. To Mr Perry: The billiard-room is usuallv used, anil .1 would be surprised to hear the room was not licensed. ’1 he door to the room was closed but not locked. A door at the other end opened to the street and was opposite the other door. If the licensee wanted to do after hour business lie could easily lock one door and keep the other open. There was no light in the billiard-room exci pt a dim reflection from the bar. We could nor easily recognise the men on account of the dimness of the light. The room is a big one, and it would be difficult to recognise u man going on to the street. T struck, a match to sec who the men were: the men did not recognise me till 1 struck the mutch. T spoke to Avre and Bright, and others could hear me. I am certain the man who left the room was the licensee; I saw his face. 1 asked Mrs W uisjh to raise the slid,- -< that 1 could see who was in the bar. She did not do so, so I pushed it up. ?vlts Walsh had previously lowered *!)•• slide. I should there were four or five glasses oil the slide. The glasses appeared to be beer glasses. They may have been there since 0 o'clock: I saw no one have a drink. 1 saw Stevenron et the hotel: he was a boarder. Const fide Drydone gave similar evidence. He saw Bowden take n glass from the counter and make for the sid? street This was the only glass he saw 1 on the slide. To Mr Ferry; i followed on Constable Cole's heels on entering the room. M’s walked toward;! the slide and arrived there together. There were no glasses there —1 am certain of that. If Constable cole said there were several glasses there I would not deny it m there would be time to remove glasses:. I did not see auv liquor supplied, while the glass; taken by Bowden might have been on the slide for some timeI had only been in Otaki a few liouts previous to the raid. I can say that Bowden was the man who took the glass; I don’t thick I am making a mistake. I did not sec the licensee in the billiard-room. When we entered we saw Bright and Avre coming out, but we stopped them. I did not know who they were till Constable Cole mentioned their names. It was Mr* Walsh who pushed up the glide; Constable Cole may have assisted her. Mr Perry stated that Walsh was charged with exposing and selling liquor to Bowden. There was r.o evidence, he submitted, of any liquor being supplied, and in this he would be supported by witnesses. He contended there was no evidence on which jo conI vic't the licensee. Constable Cole had said there were glasses on the count-.-:-but there was no evidence in suppo." of this, while Constable DrydohL said there were no glasses on th? Slide. There was no indication to say, there was a sale of liquor, and he submitted the charges against the licensee were not proven, while there was no "evidence to prove Mrs "Walsh had supplied liquor to the. others. The S.M. agreed there was not sufficient evidence of a sale or supplying, and on these counts he would not convict. Thomas WaL-1. stated: I am licenses of the hotel and remember the evening of the Ifitfe August. There were many about. After 6 p.m. Mrs Walsh and I clean up the bar, make gat, and do general work. On this night hit Walsh, .went into the bar at about I P-m., and the work entailed would take , nearly . an hour. Mrs Walsh and I were in the oar and I had just finished work and decided to go oatsid? and have a smoke. The slide was doted at this time. "When. I went outside I was informed that the- police had juit gone tnside, but I raid it was alright —- everything was in'order. I wa* eventually questioned by the coustables. Ccsst&oie Cole raid I was in the bii-Lari-roam when he arrived and that I went cut. Tam is not correct. I was nos in. the billiard-room when tie -rc-jt-etabi&s amjrjd. Ws had p«i*a%

•"supplied liquor to two boarders, but m one else. To Sergeant Manly: The two con stables must nave just gone into tin liuliard-room as I emerged into the pan sa „ o> [ W as never in the billiard-room The slide was not open when I left the bar. Kathleen Walsh, wife of the licensee -j.jted: I remember the date in questicii. We had a busy day and a. full house, and I was later than usual gott|,. n . out of the bar. Wo both work in the"bar together after closing time, imring the time we were in the bar •lu slide was down. Mr Walsh left f h .. ;,:ti* first because he had finished , li; ' u , r k. After he luid left there was i cm at the slide and Bright told me ;mi left Sunday’s order; he often ].ft meat after hours. The slide was wily up a few inches and I was about to put it down when Constable Colo .aid “Here, put it up, who have you ip there.’’’ I pushed the slide up. Constable Cole then pointed out to me till new Constable (Constable Drydoi'C ’. 1 heard voices in the billiaidroom before the knock. The room was used by some for billiards, others made a smoke room of it owing to the commercial room being upstairs. I had no bl.-a who was in the billiard-room; it ,vas nothing unusual to hear voices of hoarders there. The slide was not up four seconds when the tap was made; I was about to close it when the Con--tal'les arrived. The slide was only op.',, about s or 10 inches till Constable Cole pushed it up. To Sergeant Manly: There were no glasses on the slide counter: the room ntis used chiefly as a sitting-room. I never look any glasses off the slide, and 1 heard no stampede. There was no -iass for Bowden to take, further I did j not see him there.

T„ Mr I’erry: If we had wanted to after-hour trading it would be an p?i'V (liing to loclc the* doors. Herbert" Bright gave evidence that on ihe day in question ho went to the slide to toll Mrs Walsh he had put .pcai in the pantry. He was not there three wind Us and did no* have a drink. When the police came in the slide was uy. (. to S inches. To .sergeant Manly. When I entered the room feteven,son, Ayre and Bowden ■were in the room. I never saw the licensee. and never saw anyone leave the room. . William Ayre stated: I was m the Certral Hotel on the night in question to see Stevenson, with whom I had made an appointment. I was only i-U tbV billiard-room about two minutes before the police arrived. Bright entered after I did. and I heard him knock on the slide. To Sergeant Manly: I saw no empty i-Vd Stevenson and William Bowden id-e gave evidence. •fhe S.AI. said there was no need for further evidence as he was satisfied -ome were not telling the truth. Bowden and Avre would be convicted for being on licensed premises after hours; tkev had no right to stop at the hotel, urd he would not take thcii excuse, boob excuses would carry no weight, there were discrepancies right throughout. He would give Mr Walsh the benefit of the doubt, but Ayre and H.- wdcn would each be fined and o~ts. and Bright £1 and costs. The cfeM. issued a warning to the licensee : - to who frequented their billiardroom after hours, otherwise u» might r.ct get off so lightly. Alleged Breach of Award. Arthur Bennett v. Otaki Dairy Company (Mr Atmoie) —Charge of failing to keep a wages and overtime book. — Defendant pleaded not guilty. It was stated that the defendant company failed to keep a book according to Statute. Mr Bennett (inspector) supported this, and said the excuse was ihat the manager did nojfc know he had to keep one. The company had been

previously warned. 31 r At more in defence stated the company kept a general book wherein entries were made, but at the time the Inspector called the factory manager had the book and it could not be- found. F. T. Wilton, manager, sttaed that when the Inspector called he stated he had kept a general book and that the pro; per book had bc-en started on. To Air Bennett: I remember you calling and asking for the wages book. I replied that a new factory manager had just been appointed and that he had instructions to have the proper book. This had been' started on. I showed you the book we kept previously. I admit receiving a notice to keep prouer books, and agreeing to do jo. Percy Bennett, factory manager, stated he had written up the proper book from week to week. Mr Atmore said the book was never askad for. while Mr Bennett said when the' wages book, as required by law. was applied for it was not forthcoming. Mr Atmore held that the book had. been kept, but the factory manager was away, otherwise the book would have been produced. The S.M. gave the benefit of the doubt to defendant and dismissed the •>««■ 't Claim on an Agreement.

Louis Hansby (Mr Winton Brown) v. T. H. Bax (Mr B. Dolan).—Claim £l3O for alleged breach of an agreement. Air Brown pointed out that. Bax was proprietor of a hairdressing saloon but in 1920 sold to Hansby. He alleged there had been a breach of the agreement. In May last a saloon was , started by F. H. Bax, and T. B. Bax ) set tro a haberdashery business in the adjoining premises with doors leading | to and from, therefore- it was easily j '-sen, to his mind, who was the preprie-1 tor. Plaintiff stated: I am the purchaserunder the agreement, and remember Bax saying he would not start against ms again.” In April last I negotiated, for the sale of my business with re- 1 turned soldiers and I remember titiajg me and raying he intended to atari a. hairdresiiag »usin«s. He eais

' he' would not staffin' n~T>ig"way but | would- be the means of keeping someone else out. I pointed out the terms 1 of ’ the agreement, and he asked what | conditions could ho start on. I said I he had agreed not to start, and threatI ened to go' to Court if ho started. 1 ! next heard that Bax started under the name of his son. To-day is the first time X have seen Mr Bax’s son. I had never heard of Bax, jun., being in Otaki, till I read about it. Bax lias engaged Mr King to run the saloon. As a result of the opposition I have lost a lot. Prices were Is lid for hair-cut, Dd shave, and Is lid razor sharpening when I started, but prices have now been considerably reduced. I • have .seen Captain Bax coming out of the shop, cleaning the windows, etc. ’When his employee leaves the premises, for lunch Capt. Bux attends to the busi-

To Mr Dolan: One of the conditions of the agreement was that he was not to start before a certain date, but this was left out of the agreement and afterwards added. He was by no means a profiteer in his charges. Edward N. Lanchester stated: I was employed by Capt. Bax to do some signwriting and other work, chiefly in connection with the hairdressing saloon, and was paid, I think, by T. B. Bax. Mr Dolan submitted the cheque should be produced. James Mctera stated that he went to Capt. Bax’s shop for a shave, and got. shaved in the usual way. Nohi Maliima stated ho went to the shoji to get a cigar, and as King could not find the brand he wanted said he would go and see “the boss,” meaning, he presumed, Captain Bax. He had discussed this case with Dave Nicholls and had told him what to say. To Mr Brown he admitted the ease was not a “put up” one.

Dave Nicholls gave similar evidence. To Mr Dolan: I deny speaking to Maliima before coining into Court. Mr Dolan: That will do, I am finished with you! Charles King said: I was engaged by I'. H. Bax, but a letter from Capt. Bax asltcd me if free he could give me a job. Capt. Bax lathers for me but never shaves; Bax may sell while I am at lunch. I do not refer to him as “boss.” I get paid by cheque signed by T. B. Bax pro I'. H. Bux. I had nothing to do with the lowering of prices. Captain Bax stated: I was in a hairdressing business in Wairoa before going to the Boer war. After the present war I started in Otaki, and later sold to Hansby and opened tea-gardens, afterwards returning to Napier where I assisted my son. I told my son that I considered there was a good opening in Otalri, and he agreed to open. All I get is 10s a week for rent of shop. I have paid cheques for my son. I have sold articles from the shop, but I get nothing for it. I only do my duty as a father would to a son. To Mr Brown: I was anxious to ~tart in Otaki, and hearing Hansby had sold out thought I would start. Hansby .said he would see I did not start. I certainly advised my son that Otaki would be a good place to open up in.

Frank Bax stated: I purchased my father’s business in Napier, and for a time lived in Otakl. In April last my father suggested I should give consideration to opening a business in Otaki, and finally 1 started, opening an account at the Bank of New Zealand. I paid my father no wages, while all ac- 1 counts are rendered to me. lam liable for all debts. To Mr Brown: I pay my father nothing for the business. C. H. G. .Joplin stated an insurance policy was issued in the name of F. H. Bax for goods, etc. He considered the weekly rental of Hansby's property was front £2 to £2 ss. Decision was reserved, pending legal argument to be submitted by counsel. Civil Cases. The following cases were awarded by default: —Avre Bros. v. A. J. Williams, claim £l4 19s Sd; Harry Yates v. A. Strawbridge, claim tis Sd; same v. Rota Hohipuha, claim £2 13s 2d; same v. Iwikatea Kirimmita, claim £2 12s lOd; same v. Paraone Hapetn, claim 12s fid; G. H. Harper v. Reweti to Whena, claim £5 15s 2d; E. J. Bathgate v. George Gray, claim £b Os 2; Arthur Anderson v. John Knox, claim £- Is, T. Lewis v, Wm. Rikihunu, claim £— 4s lOd.

Judgment Summons. A. W. Roberts (Mr Atmore) v. U, A. Bunch.—Claim £lO 8s sd. Defendant said he lived at Ohau. did contract work, but since Christmas had only earned about £1 per week. He was willing to pay half of the amount by next Court day, and the remainder by November 2nd.—Offer accepted.