THE LICENSING ACT

Wairarapa Age, Volume XXXII, Issue 10449, 14 October 1911, Page 5

THE LICENSING ACT

THREE BREACHES.

TWO MEN FINIED

In the Masterton. Magistrate's Court yesterday, before Mr L. G. Reid, S.M., Thomas* Adams was charged (1) that on September 16th he did keep liqiuor for 6ale within the No-license district of Masterton; %2) on*-~ugust 31st, at Carterton, he did give an order for liquor intended for another person and failed fo give to tlie vendor the name of such other person. Matthew Adams was charged that from September Ist to 16th., at Masterton, he did keep liquor for another person. The three cases were taken together. Mr G. H. Ci ... appeared for accused. Thoma; / dams pleaded not guilty on the first :Large, and guilty on the second charge. Mlatthew Adams pleaded nqjb guilty. Constable Brown stated that on tthe night of September 16th, about 8.30 o'clock, he vras with Constable Dumphy in Benall Street. They went in behind an empty house, and saw a quantity of beer .there. There were seven bottles' in all. They secreted themselves, about four feet from the beer, and in a few minutes a person, answering to the description of accused, oamte' in, and with!ou,t. any hesitation appeared to take some of the beer away. The man went into Renall Street, and turned up into Queen Street, where he met ; another man and the pair > went out jof sight. Aoout ten minutes later the accused came in. In witness' opinion it was accused who came first I (to the House. Accused stood for a time, and was in the act of walking away when they intercepted him. ; Accused had a bottle of beer in each hand, and /said the beer r was his, and uiafc he,, wla# taking it out to his place at Te Ore Ore. He did not want to carry it through Queen Street, as there were so many people about. ' Accused seated that he 1 had only five bottles' of ,beer, and that it was hie who had come into tli.v -yard a few minutes previously. Under cross-examination by Mr ' Gullon, . Constable Brown stated that they had not been directed'to the spot by anybody. Witness was ■positive that there were seven bottle* of beer. He was not aware that "dropping" Lftd become a fine art, and that there were persons at it night arid day, and making a clever ibusiness/of ,it. ...;' T ' - -. . •

: ippnjstaWe Dumphy corroboi'ated the: evidence of the ■ previous-.'' i*ifrness.

Sergeant Miller' ; saidi ihat about 10.-»' p.ini; onSSeptemberr r 16th he saw Matthew Ad'ains and asked him if his- brother had, liquor for horn, and he said yes. He and hisi brother had a standing order, getting two dozen bottfles alternately. Under cross-examination, Sergeant MillLer stated that he was not aware that a lot of liquor was / smuggled into Masterton.

This closed the case fo rthe prosecution. -

iFor the defence, Thomas Adams-, I Ssabourer, stated that On the night j on Slep/temiber 16th he called in at! his ibrother's shop, and subsequently went into the latter's house. ..He picked five ibottlesi of beer out of his dozen there, and left them in the ' yard in Renall Street, as he wanted to go to'the post office to get his letters, and did not ,wish to carry the bottiles down Queen Street. . The beer was only there about an hour. The police.had tried to get him-Jto lidmSit that he had been there previously in the evening. , Matthew Adams, labourer, stated that jtwp dozen of beer had been ordered, he having one dozen and his brother the other dozen. Whenever beer was obtained all the bottles were returned to the brewer, who made them an allowance. The books of the brewer would show this. Mr Cufllen: "That is conclusive evidence, you/r Worship, as <the ■'da-oper' seJls beer and bottle as well." Continuing hac. evidence, M.. Adams said tbnt his brother always stayed iWi'.-i Mm when he came to town. In summing up, Mrl Reid said that he must'believe the evidence of the police, which had been given in a sfraightfornard mlanner as to there being seven bottles of beer in- the yard. He was> of opinion that the beer had been there for dale, and. that a smle had taken place. On the charge of keeping liquor i for sale, 'i'homas Adams, iwould be fined £lO and costs lis, and on the «"eioond charge' 40e and cost's 7s. MJatthewi Adamß waa fined £5 and costs 7is.