THE LICENSING ACT

Wairarapa Age, Volume XXXII, Issue 10648, 1 June 1912, Page 3

THE LICENSING ACT

FURTHER CASES IN MASTERTON

THREE CHARGES DISMISSED

In the Magistrate's Court at Mastentoli yesterday, before Mr L. G. !&eid, S.M., Patrick Costin, jicensee of the Taraitahi Hotel, was charged oa two different plaints with having, in compliance with an order .received 'from. John Russell, failed to notify the Court that certain liquor supplied to the said Jolm Russell <tn 'May 4th and Btli, was intended to be taken into tli© No-licenso district of Masterton, as required 'by the -Licensing Act.

Sergeant Miller prosecuted,, and Mr Lavery appeared for ,the defendant. Mr Lavei'y entered a plea, of not guilty, stating tih-.irt t.he defendant, whose health had net 'Been good, had unintentionally omitted to send in the notice witihi'n the .required time. He admitted that a technical offence had ibeeoi committed, but be asiked that, if a conviction'' was e'ntered, a. nominal penalty be imposed. (Pji answer to the Bench, Sergeant Miller stated that he did not ask for a heavy penalty.

His Worshi* stated that it was 110eassary -that the Apt .should be obsierved. Publicans sliould 'be made aware tli at they must notify the Clerk cf the iCourt immediately 'after they made a gale. A fine of 10s and costs 9s would be inflicted on one charge.' On the ot'her cliai'ge a conviction. would (be entered lonly. TWO OTHER CHAiRCES. ■Alexrander 'McJCCTZie|' : \Mjr' 6* H.. Oulleiv appeared, .was charged-' <with tli at, on 'May 20tE, he' delivered. a certain place within ,thel N<vlioen se district of Master ton;, to wit., tihe Queen's Hotely ' Mastertoi>/- liquorwthicQi tthe said Alexander McKenzie Brad reason to suspect was intended to (be' kept for isaile. Tihe defendant was further charged that at Carterton lonl iMlay 20th, acting on. behalf of one James Mediae, a resident of the NoHoenae district of Mastidrton, he did obtain, liquor to be delivered to the eaid James iMcßlae iwiitihont notifying' the vendor tfliat the liquor was to be bo. delivered.

Wli'lliam Redmond, licensee of the Ouib Ho'tel at Carterton, deposed that 'on Mtay 20tih tihe defendant eaJfled at Ihis hotel with MV Petheriek, the own'ea - of a motor oar. The defendant stated .that hie wanted two cases of whisIky—one for himstelf and one for Mcißae. .Witness eaid' he would not .sell a ease to Mcßae at any price. He sold a oaise to tlhfe defendant, .who paid (for ib. The (price of tihe wliisky was £3 ss.

By Mr Oullen.: The- defendant asked for large ibot'tles <xf whisky, >but was given .small onies. Witness knew the defendant t,o Ibe a< drinker. uAirt'lmr William Petheiick,. motor 1 diii'veir, deposed to "having driven JVlciKenzii,© to Redmond's 'hotel at Carterton. A case of whifiky wlas put 011 the cai' '»nd taken to McKenzie's houf?e. Later in. the evening witness went to McKenzie's house at MoKenzie's request, got the whisky and conveyed it to tllie Queen's Hotel. ' | (By .Mr Chilledi: ;WitneiS|B-'did : (Mr iMcltae the AyKislcy was taken .to the Qite'eii's .Hotel. McJEenziei was slightly illlder "the'.' inflti* encevof, liquor. Constable Brown. deposed' that on the (afternoon of 'May 2oth 'lie heard a 1 conversation between Sergeant Miller ' and tMeKenzie ajbout a vase of whisfcy. iThe latter 1 eaid Tie iliad drunk eight (bottles elf the whisky with hi;s friends, •and thaf four ibottfes remained. It was 'arranged l tliat witness isliou'ld go to McKenzie I '® that, evening ax [ six o'clock. '\yit ; uC(::& went to the lifouse at five o'clock, and there ' when; MoKenzTe irefciwne3 .home. McKenzie'hnd a ibag on l 'llls ahoullder. He sftid, "You've beaten. me ; alright, I'll ' show you the four'bottles of whisky." •McK'emzie went round the hack way, and linviticicf [witness into the ihause | (from the. lfront. WatSnSess went into 1 the front room, and took four 'bottles df -whisky from. a> sack. McKonzio 'made a statement about the four bottles, hut witness said 'he did not beilieve t3ie statement. The defendant .then offered to make a true .statement if witness [tore up t'he original statement. In liisi second statement tli.6 defendant stated that lie, had procured' t'he four bottles ,of whisky from James Mcßia-e. He had procured a vase of' whisky for Mcßiae from Redmond's, an. art order given Iby Mediae. In a. .further statement the defendant llrad eaid that Redmond ihad | stated that was the last ease of iwhis- i Iky he would supply Ifor iMcßae. McKenzio was quite .sober when he made Itlne statement'. ' . Sergeant Mailer deposed to having 1 spoken to. MeiKenzie about a case of Whisky he had purchased 011 May 20th. lihe- defendant istated tliat he had procured liquor for Mcßae. In ainswer to Mr Oulfen, witnessstated, that he had searched the premises of Mcßae, and found ing.This was .the oase for the prosecution. For the defence it was alleged that Mc.Kenzie (had. been drinking,, and wafi not .responsible for the statement he Chad' made tin the police. Alexander Mclvenzie, drover, deposed! that he had gone to Redmond's to procure a loase of wisky. He did flint recollect what had happened at iGartar.ton, excepting that .Redmond (refused to give liiim two ea.ses. Witiniesia ttaok Hi 10 ca.se of whisky ito- his houfie. 'His wife 'had ibecn away from t homeland was coming ;home that night. ■ Witness therefore .removed the whisky to the (back of the Queen's Hotel, wthei'e 'he Kept 'his li'oi'so and dog. He ■had received 110 instructions from McRae to procure itlhe wfhisky for him. Witn/ess had ibeen drinking when he was inter viewed by Constable B.rown.

He had planted the w'his'kv at the back of tihc Queen'£ Hotel. By Sergeant Miller: Witness had (haid drink a't the Tai'atahi Hotel befoie die went to Re>dmoaid''S. (He recollected asking Redm'ond for a case of whisky for iMcßaie,, but thus was refused him. He did not know wliy lie asked. He secured one case for {himsolf, a'nd paid 'and signed for it. James Mcßae, on oath, denied tliut he had ever received liquor from Mc/Keime, or given' an' order to M:lven'/Ae to procure' liquor. ißy Sergeant- 'Miller: (Witness reanemibercd McTveny.i'e having stated that lie delivered a case of whisky to She Queen's Hotel'. Witness 'at once isaid| ib wais a lie, and that Mclvo-nzie mi'ilat ibe mad. M (■K'enzi.-e wans under Hho influence of liquor. His Worship said lie could not hold, on the evidence, that the defendant had prooured liquor for another ergon. Tl\e evidence went to show that defendant purchased the liquor - for •himself. -Both charges against 'Me- / lienzie wtould be dismissed. ANOTHER CHARGE DISMISSED. James Mcßae was then charged with having kept liquor ifor sale within a no-license district. William 'Redmond, licensee of theOkiib Hotel at.Carterton,- deposed that McKenzie 'Jiad prooured a piece of paper w-hi-dh looked like an order. It was writiitn on «• printed form belonging to Brodie and 00. Witness had refused to supply liquor tfl Mcßae. He supplied a case to McKenzie. On iStun- 1 day last Mcßae icalled at 'witness' hems'?. Wit 11 ee-s asked him if flie-had givvai an order for liquor to iMcKeriziiej, '.and Moßae replied that /he had dot. • . ( Arthur W. Pet lie rick repeated the ev-ideiTce given in a iprovnous ease. Alex. McKenzie, drover, deposed j itiha't 'lie did not re,member allowing an order .to ißedmond ifrom Mcßae. He remembered asking for a case of whisky (for Mcßae, and .being refused. He did- not rrenreirtber a conversation between S'ergeaint Miller' arid \Mc~uie. He denied having delivered the whisky to Mcßae. Bis Wiorship said' there was no evi- ( denee that liquor liadi been kept, for sale. The ■charge would "be dismissed.