WAITARA MAGISTRATE'S COURT.

Taranaki Daily News, 19 December 1918, Page 3

WAITARA MAGISTRATE'S COURT.

-At tLe Magistrate's Court, Waitara, yesterday, before Mr. A. t'rcoke SM judgment was given by default 'in the' following cases:—E. T Ji. Button iG. R. Stead) v. W. J. Terrill, £25 7s 4d (costs £1 lfis 6d). In the case in which William E. Hawke claimed 13s from Donald Eraser for shoeing, etc., at TJruti during 1913, defendant, for whom Mr. Stead appeared, denied that the work had been dene. He stated that when settling a previous account he had informed plaintiff that he would get no more work done by him, and if any of his boys had since taken horses to him they must have been their own horses. Plaintiff was nonsuitedCharles Simmonds. of Matau, who did not appear, was finjl £1 and costs ( £3 19s 6d) for allowing cattle to wander on the road at Matau. LICEXSNG CASES. Charles G- White, Iciensee of the Waitra Hotel, was charged on two separate occasions with exposing liquor for sale. Constable Lapoupie prosecuted, and ilf. A. H. Johnstone apeared for defendant. Constable Lapoupie deposed that on October 27, about S.l.j p.m., he visited the Waitara Hotel, and found the folding door leading from the passage to the bar unlocked. Defendant was behind the bar, and Jennins and Callender on the opposite side of the counter. A long glass of beer was standing opposite the latter, and Mr. White was in the act of getting more liquor. Lights were full on- Defendant said that he. had gone in to get Jennens (a boarder) a glass of drink, and Callender had walked :n after them. The liquor in the bar was exnosed. Mr. Johnstone said that the facts were substantially correct- Mr. Jennens. who was a 'boarder and the owner of a inotor-car, had been preparing his car to go to the Waverley races next day White was also going in a different car After Jennens had finished the heavy work on his eaj*, he went to the hotel and asked the landlord for a drinkWhile getting the drink the door was left unlocked and Callender, seeing the the light came in to ask the proprietor to take some money for him to the races. White refused, and Jennens waa about to take the money when the constable arrived. Counsel conceived that there was an exposure of liquor, but the question was whether it was an exposure for sale. He did not think the surrounding circumstances were consistent with an exposure for sale, though in this, as in all cases similar, there was an element of suspicion. It was, however, necessary that there should be absolute proof of exposure for sale, and he submitted that the fact of a man coming in haphazard and finding the landlord serving drink to a boarder did not constitute exposure for sale. There was an exposure for sale to Jennens, whe was a hoarder and was entitled to it.

Charles George White gave evidence in support. Cross-examined: Witness did not remember the constable warning him against after-hour trading. He was not getting another drink when the constable arrived. He would swear that the beer was not drawn for Callender Richard 0. V Jennens, farmer, and recently returned soldier, gave corroborative evidence. To the Magistrate: Only or.e drinkwas served. Constable Lapouple: Was there anything to have prevented you getting a drink, if von had desired? The Magistrate: Oh, yes. There was the conscience of the landlord. Witness: I would probably have been refusedThe Magistrate said that, without disbelieving the witnesses, he could not convict. There were suspicions, but not sufficient to convict. Only one glass of liquor was drawn. What would have happened had the constable come a little later he did not know, but he only had to deal with the facts at the time of the visit. The information would be dismissed. The same defendant pleaded guilty to a charge of permitting a female, not a registered barmaid, other than his wife, sister, or daughter, to serve in the bar. Mr Johnstone stated that, owing to sickness in the family, the licensees sis-ter-in-law, who was staying m the house while her husband was in camp, assisted for a few moments in the bar, unwittingly and unknowingly Defendant was fined £i and costs (fls). A charge against W G. Callender of being illegally on the premises of the Waitara Hotel was next heard. After hearing the evidence of the witness, R. 0. V. Jennins, the case was dismissed. Charles G.. White also pleaded not guilty to a further charge of exposing liquor for sale on December 7Constable Lanouple deposed that he visited the hotel a=d found the bar parlor locked. He knocked and was asked •vno was there. When he replied. "Police," the doov was opened by Mr f?it)),th, a lodger. He found in the room Mr! R. ,T. Pennington, a resident of Waitara, who said that he had come to see Mr. White, and Mr. White said thai Pennington came in to see Mr.SmTth, an employee of a tobacconist, about some tobacco. Pennington agreed with this. Smith corroborated this, but not until after seeing Pennington. Mr. Johnstone submitted that on the evening ift question defendant and Smith, who did his correspondence, went into a private bar to attend to correspondence. They locked the door. Pennington, who had some'tobacco ordered at Oribbon's, next door, came in to ask Smith to get the tobacco. While there the const?.!);? came in, and was at oncs> admitted. The slide may have been open but no drinks were served. Pennington, in his confusion, said that he had como to see defendant.

Defendant gave evidence in support, and after'hearing Pennington's ertflw* tlii- Magistrate dismissed the ease. In a ease, arising out of the above, Richard J. Pennington pleaded guilty to being on licensed premises, but not guilty to being on licensed premises for the purpose 0/ obtaining a drink. This his Worship accepted as a plea of not guilty, and. after hearing the evidence of the constable and defendant, the case was dismissed.