SURPRISE VISIT.

Taranaki Daily News, 1 October 1921, Page 6

SURPRISE VISIT.

COASTAL HOTEL INCIDENT. SEQUEL IN THE CGURT. OKATO LICENSEE CHARGED. ' A surprise visit which was paid to the Okato Hotel by a police sergeant and two constables at nine o’clock on the night of August 30 had its sequel in the Magistrate’s Court, New Plymouth, yesterday when the licensee and a number of men had to answer various charges. The. licensee, Joseph Mills, was charged with exposing liquor for sale at a time when rhe premises were required to be closed, with keeping -open the premises, after hours, and allowing liquor to be consumed. A plea of not guilty wa,s made in answer to each of the three informations. The men concerned were William Lawn, Harold Roberts, Rua Pou Tonia, Joseph Lawn, and Malachi Lawn, - and they were charged with being unlawfully on licensed premises. There was no appearance of Roberts.or Rua Pon Tonia, and the others pleaded not guilty. Mr. A. A. Bennett appeared on behalf of the licensee and the three Lawns.

Particulars of the investigations by the police party were given by Inspector Murray. He said that on the night of August 30 Senior-Sergt. McCrorie and Constables Parkinson and Cantion paid a surprise visit to the hotel. From outside they could hear loud voices and the clinking of glasses. The front door was locked and Constable Cantion was stationed there, the sergeant accompanied by Constable Parkinson proceeding round to the back of the hotel. In the kitchen there were three women and one man, and in the sitting-room the sergeant found five men, with whom h 6 left, the constable. Going up the passage the sergeant unlocked the front door and admitted Constable Cantion and they then knocked on the bar door. In response to the knock Mrs. Mills, wife of the licensee, opened the door. MEN IN THE BAR.

There were six men in the bar and Mills, the licensee, was also there. The bar counter was wet as if recent drinking had taken place. He was asked why the men were on the premises and did not reply. The men were also asked to give their reasons for their being present, and. did not answer. The police then informed the parties that prosecutions would follow. Enquiries were then made from the men who had been left in the sitting-room, but these accounted for themselves satisfactorily. Coming up the passage the sergeant found the licensee and the three Lawns at the front door, and the licensee was asked why he did not clear the men out. Then, for* the first time, there was some talk- about the men being boarders. Evidence on these lines was given by Senior-Sergt. McCrorie. Regarding the statements made by the men, he said there was c-nly one in the bar who was a boarder, a man named McLaughlin; he was employed by the licensee. The answers given by the others were not satisfactory, and it was difficult to get them to reply. He had found that william Lawn lived at Warea (about five miles from the hotel), and that the other two Lawns resided on the Leith Road, not far from Okato township. William Lawn, who gave the excuse that he was a boarder, was backed up bv Joseph Lawn, who said he was sharing the same room, but on a visit to the room he found no signs of luggage, or that the bed had been disturbed. He had learned that Roberts was only nmeteen years of age. Supporting evidence was given by Constables Parkinson and Cantion. THE DEFENCE. Setting out the defence, Mr. Bennett submitted at the outset that there was no evidence before the Court on which it could be held that the premises were open. The only public entrance, the front door, was found closed when the police came and entrance Was gained by a back door. The mere fact of persons having been found drinking in the bar did not mean that the premises were opened. In regard to the informations in respect to the men, the Lawns claimed to be bona fide lodgers and the other two were their guests. It was sale day at Stony River and the parties had been there.* Joe Lawn bought cer- | tain stock, and arranged that some of the young cattle should be taken home immediately. He stayed behind in order to take the other stock home the next day, and Malachi Lawn, who usu-, ally assisted him, also stayed. It was stated by the sergeant that the men had failed to give their excuses when asked in the bar, but at no stage, said counsel, did the men appreciate that they were being called to account. They had had tea at the hotel and afterwards went to the smoking room where they met Roberts and Rua. The party carried on conversation for, some time, when one of the Lawns suggested that drinks should be called for. Two of the men had soft drinks. William Lawn also happeend to be there because he decided to stay when he heard the others would be stopping the night at the hotel; his decision was prompted by the I fact that he had no lights on his cart. It was a common thing for people to stay the night after the sales, and the Lawns had stopped there on previous •occasions. DEFENDANTS IN THE BOX. Malachi Lawn, nephew of J. and W. Lawn, said he made arrangements before tea. that he should stay at the hotel that night, as he was to help his uncle the next day. After tea there were a number of persons engaged in general conversation in the sitting-room. The licensee, Mills, was seen to pass the door and Joe Lawn asked if they could have a drink before going to bed. The party then went into the bar. They had two drinks and then the police arrived. The sergeant asked some questions but witness did ndt hear him enquire of anyone why they were in the | hotel. He told Mills that he had bet- | ter get the men out of the bar as soon I as possible, and witness and the others walked out. In the passage Mills told I the sergeant he. could not order them , out as they were guests. It was before : the police came that they were given j the numbers of their rooms. Witness j stayed at the hotel that night; he and; the* others were up at sunrise next j morning to shift the cattle. | To Inspector Murray: The time of the , finish of the Ale would be easily five I o’clock. Joe Lawn's place was three. miles away, but -he did not consider it i advisable to mix up the cattle by driving them all home together that night.j He did not hear the sergeant asking the ( men why they were on licensed prem- I ises, nor did the licensed. J

Joseph Lawn in giving evidenec, said that his home was three miles from Okato. In reply to Inspector Murray, he gave the opinion that it was not advisable to drive his stock home after the sale as the hour was too late. William Lawn, gave an account on * similar lines to the other witness as | regards events in the hotel. j To Inspector Murray: Really the only 1 reason for staying at the hotel was 1 that he had no light in the gig. He did not realise when leaving home that he would be late. He did not think of leaving the sale early as he wanted to buy some stock. He/did not know previously that his brother and nephew had arranged to stay at the hotel. It was his brother Joe who suggested drinks, but he did know whether he invited others besides his nephew to join in. Witness denied saying to Constable Parkinson when handed the summons, that he would not have been in the hotel if it was not for a man named Sole. LICENSEE’S EVIDENCE. The hotel licensee, Joseph Mills, said that he learned that the Lawns were staying in the house just before they went into the bar. He was under the impression that the other two men, Rua and Roberts, were Joe Lawn’s guests. He had not been in the bar previously that evening for the purpose of obtaining drinks. When the police knocked, witness was actually on his way to the door to let Mrs. Mills out, as she was carrying a tray. The sergeant did not ask witness any questions, except as regards his full name; he did not ask why the men were allowed in the bar. The house was prac; tically full that night as regards accommodation, there being only one vacant bedroom. This was not unusual at sale time. To Inspector Murray: He did not hear the sergeant ask the men in the bar what right they had there. Roberts was the first man approaced. It did not occur to him to intervene when the sergeant started asking questions, although he knew the men were boarders and had a right to be in the bar. He denied that the sergeant asked to see the bedroom book. The court adjourned at 5.30 p.m., and the hearing of the case will be concluded to-day.