SERVING YOUTHS WITH LIQUOR.

Shannon News, 26 August 1921, Page 3

SERVING YOUTHS WITH LIQUOR.

A LEVIN CASE. • At the sitting of the. Levin; Magistrate’s Court yesterday, a charge was heard against John Fenaughty, barman of the Grand Hotel, of supplying liquor to Ruku Pahi and Grace Heremaia on July 23, 1921, such persons being under the age of 21 years, and were not resident on the premises or bona fide guests or lodgers. jabez Bebbington, licensee oi the Gfand Hotel, was also - charged'with' allowing liquor to be supplied to Paki and Heremaia on the date stated. Both charges were heard together. Cbpstable Btigrie prosecuted, and Mr J. L. Merton appeared for the defendants, who pleaded not guilty. ' THE EVIDENCE; Bagrie stated at about' 4.;30 on Saturday, July 23, in company with Constable Gregganp he visited Mb Grand Hotel. He found two young rnen standing at a slide, one named i>aki and the other Heremaia. He asked Paki what age tie was, and tie replied that he would be 21 in Tour months. The other man said tie was 19 years and seven months. He then asked what they had to drink, and they said “shandy.” An.empty pint mug was in front of Paki, and atialfemj)ty one in front of Heremaia. The defendant Fenaughty stated that Paki had represented ti imself as being over 21, and Paki did not deny the state-luefit-Tn the presence of witness. ; In reply to Mr Merton, witness said he had known the two defendants for a long time, Heremaia since he was a boy, and the other for four or five years. He had seen Paki in a hotel before, -bu r t he had always dodged out of the way. . Constable Greggan gave corroborative ‘evidence. ; Grace Heremaia gave evidence that he" was in the Grand Hotel on Saturday, July ‘ 23. He remembered the police coming in. When asked, he gave hip age as 19 years and seven months, . Constable Bagrie: How old are you?Witness: I don’t know. . v | Constable Bagrie: How old did you say you were? I Witness: Nineteen and seven months. -Constable Bagrie: Do you. think still thut you are 19 and. 7 months > Witness: I don’t" know. Mr Merton: Do you know your age? . . Witness: No. , jjlls Worship; What’s the use of coming to court and telling a story like that. It’s your' duty to find out your age. ; (Epariama Paki stated that the defendant Paki was his adopted child. ;l|Ss age would be 21 next January.. 4ti order made in the Land Court rpade him out over 21, but he ti;as not 21. -'Mr Merton: How did it happen that the court made him out to be older than he was? I don’t know. . Counsel: A- judge would not make qn order as. to a person’s age unless evidence was given on the point. ; Witness said he could not make out Tvhy the judge made the order that way. ' . Mr Merton drew the Magistrate’s attention to section 202 of the Licensing Act, and’stated a lot rested on the word “apparently,” relative to the age of a person suspected of'being untjer 21. The section referred to persons “apparently under the age of 21.' The Magistrate said that was so, and he would take that into consideration. John Fenaughty, barman, said lie was at the hotel during the. last five days of the previous licensee’s tenancy, when both Paki and Heremaia had been served. When Mr Bebbingioii took over, these men continued to be served. , He served’them on July 23 last., Only on one occasion , was there any question about the age of either. This was when Mr Bebbington asked Paki his age, and lie replied he was • over 21. Witness had instructions not to serve anyone under 21. Cross-examined, witness said it did not occur to him that Heremaia was under 21,' and he had never asked him his age. Paki had said he was over 21. Witness had no reason to doubt him.

Jabez Bebbington, licensee of the Grand Hotel, said he had no reason to suspect the two natives were, under age,, but c*i one occasion he questioned Paki, and finally sent him home because he. did not think he was 21. | The next morning Palti came back i with four other natives who swore I paki was over 21. Th 6 barmen had 1 instructions not to serve anyone under ; age. Witness admitted that Heremaia looked far younger in the court that day than when he appeared in the bar, when :he usually had a cap drawn down over his face, i Mr Merton stated that on the day in | question Mr Bebbington was absent in Wellington.

} in giving judgment, his Worship ! said Paki appeared to be over 21, and in giving the licensee the benefit of ; the doubt, stated that, persona serv- ' in g liquor should make careful in-

quiries if there was any doubt, but he 'admitted it was difficult to judge the age of young men between 19 and 23. The occasion would serve as a warn* cing, to licensees to notify their barmen to be careful in serving young Maoris in future. Both charges would be dismissed. UNDER AGE. Ruku Paki was then charged that on July 23, 1921, he obtained liquor in the Grand Hotel for consumption on the premises by falsely representing himself as being over the age of 21 years. Defendant, who pleaded not guilty, was not represented by counsel. Jabez Bebbington, licensee "of the Grand Hotel, gave evidence that he questioned Paki about his age, and finally sent him home, not being convinced that he was over 21. Paki came back next day with other natives, who swore Paki was over 21. Constable Greggan stated that on July 23, Paki was in the Grand Hotel, and on being questioned said he was four months under 21 years of age. - Epariama Paki said defendant was his adopted son. He would be 21 on January 21, 1922. Defendant stated in reply to the Magistrate that he was going by his adoption order when he. stated his age was over 21. ' His Worship said he would have to convict, as it was quite clear that defendants, were not yet 21. They would be convicted and fined £l, with costs 9s.