POLICE COURT.

Taranaki Daily News, Volume XXIII, Issue 23, 19 October 1901, Page 2

POLICE COURT.

Before Mr R. L. Stenford, S.M.— Friday, October 18th. BREACHES OF LICENSING ACT. Tom Smart, licensee of the Gakura Hotel, was charged (a) with selling liquor during prohibited hours, and (b) with exposing liquor during prohibited hours on October 3rd. Sergeant Haddrell prosecuted, and Mr Weston appeared for the defendant who pleaded not guilty. K4,wi Constable Buttimora stated by instructions he went to Oakura on the night in question, and watched the hotel from 9.30 p.m., being 22 yards distant. At 9.55 by his watch, he heard the hotel clock strike, and saw a man come out. At 10.15 witness crossed over to the hotel verandah, and there heard the toundof cards being shuffled in a room next the b*r. Oould also hear three persons talking in the bar. Saw through the window a young man, E. Meriditb, in front of the bar, and another young maa, H. Green, behind the bar. Heard a cork drawn, and saw Mrs Smart pass a glass of beer to Meredith, who drank it. Witnfss went to the opposite end of the hotel and entered the cardroom, where he found seven men, including the licensee, playing cards. Leading from that I room to the bar, the door was open, and the lamp was lighted in the bar. Witness askdd why the bar was not closed, and Smart replied "is it 10 o'clock?" Smart then walked to the bar and said something to Mrs Smart, who pub the light out. The two men witness had seen in the bar then came into the card room. Smart said all the men were boarders, but on being questioned they denied this. Took theii names. Meridith and Green denied having a drink after 10 o'clock. Smart said "well, you have me this time right enough. I did not know i t was 10 o'clock." W. Julian, carrier, said he was one of those playing ends, but no drink was supplied after 10. Had no means of knowing the time. Edgar Meredith sud he went to the hotel from Koru at 8.30. Mr Smart gave him a glasa of beer. Did not know at what time. The door into the c?rd room was open. Green was not in the bar, but in the bar parlour. Green had no beer after 10, was able to talk to Green thtough the halfdoor. To Mr Weston : The road was bad, and the night dark, so witness stayed at the hotel that night. Herbert Green denied having a drink after 10. Did not see Mrs Smwt supply Meredith, nor did he hear a cork drawn. For the defence Mr Weston contended that Merediihwasa bona fide boarder, and that there was no liquor exposed for sale. He called Tom Smart, the defendant, who said so far as he knew no drinks were supplied after 10, except that to Meredith. His statement that those present ware all boarders was a josular one f as was also his remark " you've got m« now." Amy M. Smart statsd the only drink supplied after 10 was to Meredith. The bar wai lit up all the time, and if called upon she would have supplied drinks, as she did not know it was after hours. The doors between the bar and parlour we re shut. Sargeant Haddrell quoted the appeal in the case of Biggins, a similar one to that before the Court, when Mr Justice Williams ruled that in order to prove an exposure for sale, it was not necessary to prove a sale. His Worship said he was prepared to believe that Meredith was a boarder for that night, and therefore the charge of selling liquor after hours would be dismissed. On the charge of exposure for sale, he fined the defendant .£lO and cost, and endorsed the liceose, in accordance with the provisions of th<) Act. He added even if th.9 endorsement had been optional, he would have felt bound to have made the endorsement. Mr Weston gave formal notice of appeal. OBSCENE LANGUAGE. J, B. Hendry, baker, pleaded guilty to using obscene language on tha 18 th instant within the hearing of a public place. Sergeant Haddrell stated the circumstances, Defendant expressed his regret. His Worship, in inflicting a fine of £5 and costs 18s, said it was one of the worst C 4663 he bad come across since he had sat on the Bench, and but for the recent amendment in the Act defendant would have heen sent to prison for a lengthy period. John South, alias Reynolds, was also charged with using obscene lan-j guage in Devon-street on October Ist. Mr Quilliam appeared for defendant, whopleided guilty and expressed his regret, promising that the offence should nob be repeated. His Worship inflicted a fini of 20s and costs. On a further charge of refusing to quit the Imperial Hotel, he was fined a similar amount. A young man was charged with procuring liquor for a prohibited person. After hearing the evidecce the case was dismissed, the prohibited person being fined £3 for inciting the young man to commit the offence. Mr Weston appeared for the defence. A prohibition order was made against 1 Thos. O. Kyle.