LICENSING PROSECUTION

Taranaki Daily News, Volume LIV, Issue 54, 25 August 1911, Page 3

LICENSING PROSECUTION

-, ALLEGED AFTER-HOURS TRADING. ) At the S.M, Court yesterday, before Mr. H. S. Fitzherbert, S.M., Robert Henry Campbell, licensee of the Terminus Hotel, was charged with two breaches of the Licensing Act, viz., that he did on August 12, between 10 and 11 p.m., sell liquor, and also did expose liquor for sale. Considerable interest was taken in the case, the body of the Court being well filled. Both informations were taken together. Defendant, who pleaded not guilty, was represented by Mr. Geo. Grey, whilst Senior Sergeant Dart prosecuted. At the request of Senior Sergeant Dart all witnesses were ordered out of court.

Senior Sergeant Dart, in opening tiie ease, stated that the prosecutions were laid under Sec. 190 of the Licensing Act. He gave a resume of the evidence. He stated that of the three men concerned two lived within three hundred yards of the hotel, and the other about a mile and a half away. Of the three, two had not stayed in the hotel for months, and the other had never stayed there before. It was a most extraordinary coincidence that the men should have been gathered there to stay that night. He would also bring evidence to snow that whatever intention they had of staying at the hotel, such intention had not been communicated to the landlord or any employee, of the hotel. So that they were not boarders according to law. Senior Sergeant Dart, then being sworn, deposed that at about twenty minutes to eleven on the night in question he, with Constable O'Neill, went to the Terminus Hotel. Someone entered the hotel just ahead of them, and as they crossed the back yard they met the same person coming out with some letters. They entered the back door, which was closed but not locked, and went along the passage to a small bar, about 10ft. by 12ft., near the back of the building. Here he discovered the licensee, Mr. Campbell, who was sitting near the tire, .Mrs. OUiyer, who was behind the, and four men. Three of them were Murphy, Robinson and Jury, residents of the locality, whilst the fourth I was a man named Knight, whom he was | satisfied was a legitimate boarder. Each man said he was a boarder, and gave his [ name and address. Arthur Murphy said i he was a butcher in Devon street. He | stated-that he was stopping at the hotel i because he had measles in the house. | He afterwards said he had not engaged a room, and added, turning to Mrs'. 01liver, "I had not even asked if you were full." He further said that he had stayed in the hotel at Easter during his wife's absence. He put the same question to Jury, who said that he resided about a mile and a half away, near the Breakwater. He was a livery stable keeper, and as he had some traps com-/ ing in very early, was going to stay at the Terminus. He had to stay somewhere, as he had no time to go home. He had not engaged a room nor spoken to the landlord on the matter. He was not in the habit of staying at the hotel. Robinson, when questioned, stated that he lived sometimes with Arthur Murphy and sometimes with James Murphy, who were his half-brothers. Asked as to where his place of abode was he said that he had a room at James Murphy's, fruiterer, but spent his week end* at Arthur Murphy's. Owing to measles he could not stop at Arthur Murphy's, ] and as he did not want to be separated from his half-brother, had gone to the Terminus to spend the week-end there. lie had not engaged a room. The Sergeant further stated that on the counI ter there was a bottle of whisky, three • parts full, and five glasses. After ques- ) tioning Knight, witness was satisfied he slept at Rahotu the previous night. He then turned to Mr. Campbell, and said, "I suppose drink has been served since 10 o'clock." Defendant replied, "yes; we've had drinks. We've had two rounds." Jury said, "Yes; we've had drinks, but not enough. We've had two have another round." Witness, declined. Jury first said that he had arrived at the house after 10 p.m., but when the licensee said it was about 9.30 p.m., Jury said it was about fifteen minutes to ten when he arrived. Witness asked to see the book in which the names of the boarders were put down. He examined the book, but it showed no names of those present. The door leading to the main bar was open, and he could see the liquor exposed for sale.

To Mr. Grey: He did not know that Murphy had been staying at the hotel since. It was, however, quite likely. He was quite satisfied, from enquiries made, that Murphy had measles at the house. Each of the men claimed to he hoarders, or rather intending hoarders. He was quite emphatic on the point that these men had said that they had not spoken to anyone about a room. He was present about ten or fifteen minutes, and may have made, some mention about the 'boat and bicycle races. Mr. Campbell was sitting by the fire. It was a private bar—just the room where one would take lodgers. Even if contradicted, he would still maintain that the men had stated that they had not engaged rooms. Constable O'Neill gave corroborative evidence as to the visit to the Terminus Hotel. His evidence elicited the fact that he had often seen Mr. Jury driving hom« in a gig after midnight. To His Worship: He could see the liquor from where he stood. To Mr. Grey: There was a light in the room, but he was not sure if there was one in the bar. Mr. Grey stated that his evidence would be in the direction of showing that the three men were bona fide boarders. As to sale there was no evidence that a sale had taken place. The Act, however, provided that a reasonable quantity could be sold to boarders. If the Court held they were boarders the case for exposing also fell to the ground. He argued that the expressed intention of remaining the night and the acceptance thereof by the license was a complete compliance with the Act, and the men were boarders. Charles Robinson, clerk, deposed that on the night in question, at about !).30, he had gone to his stepbrother Arthur Murphy's place, where he was in the habit of spending the week-end. His brother informed him

that his family had the measles, and that lie intended staying at the Terminus Hotel until the sickness was over, •as it was not right to remain near measles while he, had to handle meat. Witness said if he stayed in the house it would inconvenience Mrs. Murphy, so Murphy invited him to join him at the hotel. To this he assented, and they went to the Terminus Hotel, arriving there ahout three minutes to ten. The house was open. Mrs.' Olliver w»» in the bar. Murphy remarked that they were going to stay the night. Mrs. Olliver said, "There is plenty of room, brothers." They then had a drink. Murphy shouted. Mr. Jury and Mr. Campbell were talking together when they went. in. They remained conversing for n while, and Mr. Campbell said, "Von had better have a drink before retiring." They had whisky. Sergeant Dart soon afterwards walked in. and, after some general conversation, asked him various questions, to which he replied. He told the Sergeant how he came to be at the hotel, and informed him that he had engaged a room and was a boarder; also

I that it was before ton o'clock when the' room was engaged. ( To Sergeant Dart: He occasionally had 1a drink at the Terminus. Mrs. Olliver did not specify any room they were to occupy. He had a room at the fruit shop, but did not go there because he /widhed to spend the week-end with his brother Arthur. Sergeant Dart: Well, you want the Court to believe that.you did not wißh to be separated from your stepbrother that night.—That is bo. In further cross-examination witness said he did not hear Murphy say to Mrs. Olliver that he hadn't even asked if they were full up, as sworn by Sergeant Dart. To His Worship: He stayed at the Terminus Hotel that Saturday and Sunday night. Defendant gave evidence that Mr. S. Jury had come into the house about 0.40 p.m., and said he wanted to stay the night as he had two or three traps coming in early in the morning. Robinson and Murphy came in the front door at about three minutes to ten, just as he was preparing to close the bar. He heard Murphy ask Mrs. Olliver for rooms. After he had shut up and returned to the bar parlor no drinks were served until about 10.13, when his children returned from the '•Pictures" and had a lemonade. He then asked those present to have a drink before going to bed. Sergeant Dart came in soon afterwards. The Sergeant was in a good temper, and started to chaff about the boat race and also about the bike race. He then got on to Murphy, and asked him various questions. He heard Murphy say that it was about three minutes to ten when he arrived. Murphy could not have said that he arrived after closing hours, because when he arrived the house was open. Murphy stayed at his house that night, and had done so right up to the present. To Sergeant Dart: When Jury came in and asked for a room there were plenty available. He did not enter the name in his book. That was Mrs. Olliver's duty. There were many occasions when rooms ordered late at night were not booked. When people arrived by the mail train their rooms were always booked, because Mrs. Olliver was in the office for that purpose Sergeant Dart: Do you not think, as | a sensible man and a licensee of considerable experience, that when persons arrived about 10 p.m. or after it was all the more reason why the rooms should be booked?—lt might be. Witness further said that he heard Murphy and Robinson ask Mrs. Olliver for a room. He did not pay much attention to the conversation between the Sergeant and the men because he was satisfied they were boarders, and there was nothing to worry about. He did not hear Murphy say that he had not engaged a room. It might be true that he said so. To the Bench: Jury went away about four or five in the morning. Murphy did not engage the room from him but from Mrs. Olliver. Sergeant Dart: Why did you not say so when I was questioning the men. Witness reiterated that he was not paving any attention to the conversation.

Sergeant Dart said the fact that the men decided to stay afterwards was no evidence. His Worship said it made a difference if one man stayed the Sunday night, and the other was there.yet. i-Phat was strong evidence they were boarders. Witness: If they had not been boarders the bar would not have been open. Elizabeth Olliver, housekeeper at the Terminus Hotel, deposed that Robinson and Murphy came to the hotel about four minutes to ten, and shortly afterwards asked could they have rooms that night. She replied, yes. Witness was also present when Sergeant Dart came in. but did not pay much attention to tho questions and answers. Mr. Jury was in the bar when she returned before closing up. She gave Murphy Bros, a double room, No. 5. To Sergeant Dart: She was prepared to swear that it was before ten o'clock when Murphy and Robinson came in. She was not listening to the conversation, but very likely heard some of it. She did not hear Murphy say to the Sergeant that he had not even asked if i the house was full. ! Arthur Murphy, butcher, deposed that he had gone to the hotel with the intention of stopping, as he had measles in tho house. He told Mrs. Olliver that they wished to stay the night, and she said there was plenty of room. His further evidence was oorroborative of Robinson's. To Sergeant Dart: He denied emphatically that he had turned towards Mrs. Olliver and said, "I have not even asked you if the house is full." He ranembered the Sergeant writing something down at the time. He did not suggest that the Sergeant would deliberately write down an untruth. Mr. Grey here interrupted the crossexamination with a remark, when Sergeant Dart turned round and remonstrated, "Be quiet, Mr. Grey; I.have not interrupted you in your examination." Further pressed, witness said he might have made the remark. His Worship asked if witness had said, "No; I haven't booked a room. I haven't even asked if the house was full." That was not inconsistent with the fact that he intended ifo stay the night. Sergeant Dart admitted that Jury stayed that night. To His Worship: It was usual for Robinson to spend week-ends with him. Samuel White Jury, livery stable proprietor, deposed that he went to the hotel on the night in question, between fifteen and ten minutes to ten. He went for the purpose of ordering a bed. He met Mr. Campbell in the passage, and ordered a bed from him. His reason for stopping at the hotel was be expected some traps home early in the morning. liis evidence as to the drink and visit of Sergeant Dart was corroborative. He was positive, that he arrived at the hotel before 10 p.m. To His Worship: The Sergeant must have made a mistake if he swore that witness first said he arrived after 1,0 p.m. To Sergeant Dart: He would deny that he first said he arrived at the hotel after ten, but had altered this when Mr. Campbell said it was 9.30 p.m. He had not slept at the Terminus Hotel foi eighteen months, and had often gone home after midnight. It was not unusual for him to have traps coming in and going out nt all hours in the night. To His Worship: Mr. Campbell gave him tho room. He left the house at 5 a.m. This closed the ease for the defence. His Worship, in summing up, reviewed the evidence, lie said that when the Sergeant entered there was no evidence that the licensee or any of those present were surprised or in any way disconcerted at the visit of the police. The demeanor of those present certainly told in defendant's favor. The Sergeant relied on the fact that iLlie men were not bona fide- lodgers. They all told the Sergeant they were lodgers, and all said they had not booked rooms. All, however, said that they intended to stay and had asked for rooms in a casual way. 1 That was consistent. He could not believc .that four independent witnesses , were going to commit perjury for the i sake of saving the licensee a small fino.( [ They all gave, good reasons for staying . at the hotel; in fact, one of them was . boarding there yet. Under the circum- > stances ha must hold that they were

bona fide boarders, and dismiss the informations. ILLEGALLY ON PREMISES. The cases against Robinson, Murphy and Jury, witnesses in the previous oase, of being illegally on premises, were, on the application' of Sergeant Dart, adjourned for a week.