THE LICENSING ACT.

Wairarapa Age, Volume XXXII, Issue 9691, 15 January 1910, Page 5

THE LICENSING ACT.

POLICE v. EAGLE

INFORMATION DISMISSED

An interesting case was ventilated at the Magistrate's Court yesterday morning, betore Mr R. H. Turton, S.M., when William Eagle was charged with delivering a package containing liquor within the nolicense area of Masterton, without having properly labelled it. Mr C. A. Pownall appeared for defendant and entered a plea of not guilty. Sergeant Miller stated that at 6.40 p.m. on December 31st he saw the dafendant, who is the licensee of the Taueru Hotel, coming in from that direction. He drove into Pinhey's Stables. Witness went in directly afcerwards. The groom had his horses, and was passing in towards the door. There were two passengers in the vehicle, Witness said: "Do you ever bring any liquor into here." He replied: "Sometimes. I have some here now." He showed witness a case, and he then said that there was no mark to indicate that it contained liquor. He drew bis attention to it, and defendant said it was for his own use in his locker at the Farmers' ulub. Defendant said he did not bring it from home, but got it from his waggoner. Defendant came with Mr Pownall that night, and demanded the liquor back, as they had no warrant to seize it. Witness said he would not return it, and defendant stated that it had not been brought outside the no-license area. By Mr Pownall: The buggy was at the time in Pinhey's stables. Mr Eagle was just leaving as he came in. Accused did not say that he only wanted some of the liquor for his locker. John Barnes, carter, for W.F.C.A., said on December 24th he left three cases at the Club stables, and a case of rum at Pinhey's stables. On November 20th he took two cases to Pinhey's stables, and on November 13th two, and another case the previ-' ous month, all for Mr Eazle. Mr Pownall stated he could prove that the liquor never went out of the district, having been received by Mr Eagle in accordance with the law in the first instance. On the day in question the waggoner was told to bring the liquor out to Taueru. Accused, when coming in, met the waggoner and asked him if he had got the liquor, and, finding that he had, said he would take a case, as he. wanted a bottle for his locker, and would bring the balance out in the morning. Mr Pownall submitted that the liquor was legitimately in the district, and accused could, if he liked, drive all around the district with it without committing an offence. William Eagle said on the night of December 31st he came into Masterton. He had run out of case whisky at his hotel. Witness drove in and met Loader near the Weraiti road. He asked him if he had any stuff for him, and he said about ten cases, Witness said he must have a bottle for his locker that night, and he would take a case and bring the rest in afterwards. When the Sergeant apoke to him witness said he had a case of whisky. By Sergeant Miller: He put a bottle in his locker on Christmas Eve.

Philip Loader, carrier, stated that he was bringing in his load to the Taueru as instructed by defendant. When defendant took the case from the waggoner they were both inside the no license area of Masterton. The information was dismissed.