BREAKWATER HOTEL.

Taranaki Daily News, 4 July 1919, Page 7

BREAKWATER HOTEL.

CHARGES AGAINST LICENSER : DISMISSED. | . 'i VISITORS TO HOTEL-FINED. In the Magistrate's Court yesterday, before Mr J. W. Poynton, S.M., the police preceded against Thomas Knowles, licensee of the Breakwater Ho.tel, for unlawfully having his premises open for the sale of liquor at a time when they were required by law to be closed; with unlawfully selling to divers persons unknown; and with unlawfully exposing liquor for sale, betwen the hours of 8.30 and 9.25 on June 13.

Sub-Inspector Huton prosecuted and Mr A. H. Johnstone represented accused, who pleaded not guilty. Sub-Inspector Huton stated that complaints against the hotel had been received and in consequence a watch had been set on it by two constables and the cases arose out of what took place on the occasion of their watch. Constable Wroblenski said that on the night in question he, in company with Constable Small, were watching the hotel from the embankment on the opposite side of the road, from about 8 o'clock in evening. Mr and Mrs Knowles were sitting oh a seat in front of the hotel with two soldiers in uniform. I,t was a monlight night and witness could see plainly all that was happening. About half-past eight three men came along from the direction of the wharf. They stopped and spoke to Mr and Mrs Knowles, and after a moment the three men then entered the front door of the hotel, followed by Mrs Knowles. The lights in Mr Knowles' private room were switched up, and in about five minutes .they all came out, and the men went towards town. Mrs Knowles went back and put out the lights. A few moments later another man came along and similar happenings took place, which were repeated when another man came a few minutes later. Some li,ttle time after two men came along, and after speaking to Mr Knowles they went round to the back of the premises witn Mr Knowles. The lights were again switched up and in a few minutes .they all came out at the front door. At about 9.25 a motor car came up from town with two men in it. It was turned in,to the right-of-way beside the hotel, and the lights were put out. After a few moments conversation with Knowles they wezrt in and the lights in the private sitting room went up again. At this time witness decided to enter 'the hotel, going in by the front door, •and Constable Small went round to .tie

W:k door. On going in he found the slide of the bar folly open and two men ■named Ben and Knight standing right in front of it. The liquor in the bar 1 was exposed to the two men and .to witneas. At the game time he heard the rattle of glasses in the bar. He asked the men what they were doing there and Beu put his head .through the Blide and called out "Knowles, Knowles, Knowles." Mr Knowles came out from the bar and pulled the Blide down. When aßked about the men being on the premises, Knowles said Beu had come to see him about the Auckland trip- Knowles denied that he was exposing liquor to ,the men. Ben said he had come to see Ttnowles on business, and Knight said he simply came down with Ben. In reply to Mr Johnstone witness* said there were more people in town on the night in question on account of the Winter Show. He also knew that the Rarawa had gone out that night. When he went into the hotel bar he did no,t remember Knowles inviting him to inspect the bedroom book and he was quite sure he was not asked to go and inspect the' bar for traces of liquor having been sold. ..;He did not go into the bar. There was no light in the bar, but the light from the little sitting room shone right in through the slide opening. He went down specially to watch the hotel. He had watched the hotel on many occasions before, and come away without gettmg "a catch."

Corroborative evidence was given by Constable Small, who in reply to Mr Johnstone in cross-examination, said the •police evidently arrived just too soon or they would have seen the liquor. He had been to watch the hotel on Sundays and at other times and had concluded that everything was not altogether satisfactory about its conduct.

DEFENDANT'S CASE. Defendant gave evidence, in the course of which he said he had been a licensee for over 30 and had never been in •court before to answer a charge. He owned the Breakwater Hotel. On the eight in question his house was more ■than usually Ml, and he had been asked ty several town hotels if he could .take any 'boarders. The only' people who were coming and going about his hotel on that night, were those staying m the house, who had been down' to see the boat off or to post letters. In regard to Beu being there-he-said he had rung him up and told trim the next time he was down that way to call in and he? >wouhl pay him what he owed for taxi hire. Beu came down and witness went 'into the bar to get his cheque book in order to : pay Beu. The reference to the Auckland trip was to one Ben had reiceiitly madfc He sold no liquor to. -piiher-of the-men in question. He invijked tie coastaWe to examine his bedroom bodk-'and 'aflflo. the.tai, but'be did neither. To Srtb -inftpectotV. Jla • did net Bit outm front of his hoqsiji.for the purpose of' keeping a watch onwbo.was about. If he made any tapipng his stiek on the bupinKft WB6 tio cail his wife out to hint; or $ has inside. ft» 'turning dowß'- M : fights iu the sibtreg,room irfter every one came out was a : matter of.,,i>gQj»oniy and was according to his ijMtruokpM. Be had never 'had" anyone watch for him in A* the 4 !***. Thew" IsSlfwes ra.ttled s :tJssjbfWjoß the night referred to, and no fiepior was sold.'had'invited Beti to eoSie .in. Jfe. Bot s»k the other msHiwhs.t'he wiiited on the premsies ' ! -Sub-Inspector also asked defendant why'llfc' was so anxioits, that the con? staMe should go upstaifs and sea (shebedroom. book, while h£ had two men there at the open slide of the bar, and which the police were dkeettojr Ms attention ,t°, and defendant repKed they could see for themselves then whether the people about his house were lodgers or not

Gas Beu, taxi-driver, gave evidence as to receiving a telephone message from Mr Knowles about the hire he owed him, and as witness was in need of the money a,t the time he went straight down to collect it. It was paid to Mm by foiowlea by cheque. Knight went down with him for a. "blow." He told the police what he was there for. He' denied calling out to M)f Knowles is the way Constable Wpobleoeki had eali, jm* .dated Jw merely pufe kis b^.-hu«fcj

g9te slide and said, "Mr Knowles, yoa&e(wanted," when the police came in. The Magistrate said the evidence was, i&ot conclusive, and. the iafonnatioßß > DOWN FOR A -"EMM* {Jus Bpu and George H. Kmgh,t "were ithen charged, and pleaded not guilty ' with being illegally on premises at a time when they were by law required to be closed. Mr Johnstone appeared for both. The evidence taken in the previous case was accepted on these charges. Knight explained .that he had been, invited by Beu to take the down to the hotel with him for "a blow." It was a cold night, and instead of waitin" outside in the car he went in with Beu.' He had no liquor to drink, and saw none drunk while he was there. He admitted he had been fined on a similar charge recently, and that he knew it was illegal to be on premises after hours. The Magistrate Baid he believed the men were there to get drink, but the police had come in upon them, before being served. Knight was fined £1 and •costs (7s), and Beu £1 (costs 7s).