ALLEGED BREACHES OF THE LICENSING ACT.

Wairarapa Age, Volume XXXII, Issue 9648, 13 November 1909, Page 5

ALLEGED BREACHES OF THE LICENSING ACT.

A NUMBER OF Pr.'OSKCUTIONS,

A number of interesting cases, arising out o' breaches of the Licensing Act, were i c ird before Mr R. H. Turlon, S.M., at the Magistrate's Court yesterday. The proceedings occupied the whole of the afternoon, and attracted considerable local interest.

LABELLING LIQUOR PACKAGES.

CHARGE AGAINST A LICENSEE

DISMISSED

John Booth was charged that "on October 19th he did deliver to himself within the Masterton No-Liencae area a package containing liquor such package not being labelled according to the Act.

Patrick Costin, liceasee of the Taratahi Hotel, was charged with sending the above liquor into the NoLicense area of Masterton without having properly labelled it. Ihs two charges were taken to gether, defendants being represented by Mr M. Lavery, of Carterton. Sergeant Miller briefly outlined the case. Constable Townseudj said that on October 19th last he saw defendant Booth drive up Chapel Street. He stopped him at the back of the Empire HotelT and ascertained that there was a five gallon cask of beer in the cart. Witness examined it, and saw there was no label on it. Booth said he bad procured the liquor from the Taratahi Hotel, and gave no excuse for it being unlahelled.

By Mr Lavery: It was quite likely that the label came off the barrel.

Sergeant Miller said Mr Costin had told him he could not understa d how the label had come off the barrel, as it was correctly gummed on. By Mr Lavery: He did not see any reason to be gained in leaving the label off, especially after the liquor had been correctly ordered. Mr Lavery said tha f as far as Booth was concerned there was no offence. He would like his Worship to decide whether defendant had committed an offence.

John Booth, groom, gave evidence as to ordering and signing for the beer. The keg was labelled when he left the Taratahi Hotel.

By Sergeant Miller: He want ©nee and sometimes twice a week to the Taratahi. ,

Patrick Costin, licensee of the TaraUhi Hotel, said that Booth ed for the beer, and the order went through the court. He would swear that he affixed the gum label to the keg

k His Worship said that with regard to the case against Co3tin it would be dismissed, as it was not his fault if the accidently came off. Decision in the case against Booth, however, would be reserve:}, in order that he might enquire into the facts of a previous case heard in Masterton, which Sergeant Miller contended was similar to the one in question.

CHARGE OF KEEPING LIQUOR

FOK SALE.

William E. Jones was charged that between September 20th and Octi ber 21st he did keep liquor for sale within the No-License area of Masterton.

Mr C. A. Pownall appeared for accused.

Sergeant Millet stated that accused was a butcher residing with his stepfather in Park Street. Accused had proured liquor from time to time as follows:—24th September, 2 gallons; sth October, 7 gallons; 12th October, 5 gallons; an 3 a botUe of whiskey; 15th October, 2 gallons; 19th October 5 gallons; and another young man, a friend of his, ordered 5 gallons on 21st Oetober.

brewer, stated that accused commenced getting liquor from him on September 24th. Patrick Costin, licensee of the Taratahi Hotel, stated he had ssrved Jones with seven gallons of beer on October stb, and with live gallons of beer and a bottle cf whiskey on October 12th, and other quantities which had beea ordered in the correct way. Sergeant Miller said he saw defendant the day after a seizure of liquor had been made at his stepfathers place. Accused said that the beer taken from the house by the police belonged to sompnne in town, and only two drinks had been taken out of it. It was addressed care of them, and the individual referred to went to their place to have a drink. Accused said he was with him when he paid for it. Accused also said he would not say how much he had received that month, but had not got his allowance.

By Mr Pownall: Accused was not present when the beer was found, and apart from this the police had never found beer in accused's posses') sion. Accused was only being charged with keeping it for sale.

Mr Pownall said his clients were thoroughly determined to settle the case once and for all He extended, that the ordering of liquor did not prove that it was kept for sale, nor did it cast on accused any onus whatever. If there was something proved in the nature of a sale it would be a different thine, and accused was not there when the liquor was seized. If accused chose to have a gallon of beer there was nothing to prevent, him. Counsel, in conclusion, said that he relied entirely on legal points, and did not intend to call any evidence whatever.

His Worship reserved his decision in tin's case until half past ten on Fri-

day morning next.

THE OTHER CASES.

At the request of Mr Pownall; the hearing of a number of other charges against various persons arising out of the same case wes deferred until Friday next, pending his Worship's decision on the point raised by Counsel that the ordering of any quantity of liquor did not cast any onus on accused.

A CASE ADJOURNED.

Richard Haviland was charged that between September 20th and October 21st he did keep liquor for sale within the No-License area of Masterton. Accused was represented by Mr C. A. Pownall.

Sergeant Miller said accused was a householder in Park Street, and a search was made on 21st October for liquor. There were four men playing cards in the kitchen, and they found a cask, a bottle of whiskey, and glasses in the room. There was hardly anything in the room except that connected with drinking. Men had been seen coming out of the place under the influence of liquor. William Burridge, brewer, gave evidence as to supplying liquor to defendant at various intervals. Later, on accouit of what Sergeant Miller said to witness," he refused to supply defendant with liquor, as he thought there might be trouble. By Mr Pownall: Defendant, an:l in fact the whole family, alway3 bought beer from him, even before No-License came into force.

2 Harry Harding, carter for the pre • vious witness, said he had delivered beer in different lots at defendant's house from time to time. Constable Townsenri corroborat 'd Sergeant Miller's evidence, and said he found about three dozen bottles of cordials and a large number of empty bottles at the house. Defendant, on being questioned, said he could not order himself more than his allowance. Accused also said that friends came in occasionally and had a drink. By Mr Pownall: There was no sign of beer being consumed in the room where the men were sitting. The only liquor fonni on,the premises was a five gallon cask and a half bottle of whisky. Constable Dunn *tated that on 15th and 20th October he saw a number of men go in and out of the house. Constable Brown also gave evidence.

Sergeant Miller said that the first time he visited Haviland's house was on October 9th. On the 11th he saw Charles Jones, who said he paid Harding 14s for Burridge. Witness gave evidence as to executing the search warrant. If ail the cases were gone into he could prpve that 74 gallons went into the place in about 24 days. ,

Mr Pownall said he could prove that it as a small average. Continuing, he said that the barrel of beer belonged to a man named A. Sievers, and had been left in defendant's house. He was going to call Costin to prove this. Counsel would then ask for the case to be remanded until Fiiday. If Sievers could Le fotni counsel would then prove that the heer found at tb.2 1 ous : bJongei, to him, and not to accused. Patrick Costm, licensee of the Taratahi Hotel, then gave evidence as to Sievers purchasing and signing for the beer. Jones was with Sievers when the beer.was bought, and witness identified the barrel, produced, as the one Sievers bought. His Worship then granted the adjournment of the cast in order' to permit Mr Pownall to call Sievers to give evidence.