THE LICENSING ACT

Wairarapa Age, Volume XXXI, Issue 10719, 12 October 1912, Page 6

THE LICENSING ACT

UJJSGKD breaches in masterton. khavy PKNIS"IES IMPOSED. "visßno was charged at the M&rt* Court at Morton yesterday, before Mr L. G. R ,j ■ with » breach oi section At 01 i - • \,.f 1910 in being the oc- I Licensing Act, i.nu, Queen's oupier of presses, to witb . Hotel "which wore used as < I resort for the consumption ot Uquoi. T h o defendant, who was rep] cm. led |,v Mr G. H. Cullon, pleaded not

Constable Hvmvn deposed that < opteinbor '2nd. at eight o clock m he evening, he went to the Queen s p fotel He saw the defendant theie, •Mi two other men. One. of the men s vas drunk, and the other -slig • J v Hide] 1 the influence of liquor I lio s lefendaiit. had an empty whisky hot- p ,|o in his hand, which he said he 1!H l found in the passage. On the y ollmvills day. about 11 30 a ; m ;; , witness went again to the Quun * , Motel. Kvery tiling was quiet at tue f time ' He saw a resident, who i« a married man with a family, come out i t)f tho dining room with a glass oi . whisky in his hand. He went into t a small sitting room and handed the , whisky to another man, who drank it. The man said ho had got the whisky from his own bottlo, but he refused to produce the bottlo. A few minutes later witness saw two other persons, neither of whom were boat clefs, come out of tho dining room. ()no had a bottle of whisky in his pocket, which he declared was his ow.li. Mr IV!i'Rao then came from the "back of the premi,cs r and witness told him of what he had seen. McRae said he knew nothing whatever alxmt it. On September 28th, witness went to the hotel Miller and other police officers to search tho premises. iMcßae was in the passage talking to the Sergeant when witness entered. Witness saw a, Maori leave the building under the influence of drink. About fifteen Natives were in the passage, none of whom were boarders, as far as witness was aware. One European was also there, and was under the influence of liquor. Witness was present in a bedroom downstairs (occupied by Mr Msliae) and saw Constable Bird pull up some oilcloth, which was over a hole in the door, and take out a black bottlo which contained whisky. Ev Mr Oullen: It' was quite pos- ( sible for the men who witness -saw in the hotel to. have . taken, the whisky in with thorn. • It was raining when witness saw tho Maoris in the passage. Witness was not aware that tho hole in the floor was made for the purpose of attending to tho His Worship: Do you suggest l that tho whisky bottle was used in | connection with the gas? j Mr Cullon: 1 do not make such a ' suggestion. | Constable James McLennan, police constable stationed at Lambton I Quay, Wellington, deposed that at ! 12.15 p.m. on September 13th he I "shouted" three drinks for friends at ! i the Queen's Hotel. Witness tendered two shillings for the drinks. Defendant had no change, and suggested tossing as to whether he should receive a shilling or nothing. Witness J won the toss and received a shilling I change. Witness called for three i more drinks, and tendered another two shillings. They tossed again for the change, and Mcßae won. Witness afterwards .bought a bottle of whisky, for which ho paid half a. sovorign. Defendant said witness would j have to take it off tho premises to 1 drink it. Witness .replied that he j woiiTd. There were .several men in tho building drinking at the time. They were being supplied by tho deJ fendant. On September 14th witness j went again to tho hotel, and "shoutI ed" two drinks. Tho defendant serj ved them. Defendant was carrying tho whisky bottle in his hip pocket. The glass used had a piece out of tho side. Meltao said ho kept tho glass for men with big noses (Laughter). He said ho lost by this glass. Witness was accompanied by a man named Hounslow, a bootmaker. A comstablo wa,s standing opposite the hotel. but there were no others prohont. At this stage, Mr Oullen stated that lie did not consider it advisable to go on. Ffe had only wished to hear what evidence tho police had. The defendant, said Mr Cullon, was an old man, and had boon subjected to great temptation. He asked that he be treated leniently. A plea of guilty would bo entered in this and > other charges. ! Sergeant Miller said it was true that the defendant was an eld man. Ho had, however, been previously convicted. Ho had also been warned on various occasions. The defendent had not received liquor through tho proper channel. His Worship said tho defendant had previously received a warning. Mr Cullon stated that ho was an old man who had at one time been j well off. Ho had been reduced in circumstances through doing goad for ot Iters. ! l- s Worship said ho would rnnsirl•j o;' the defendant's age and would treat him in what ho considered to bo a lenient manner. Slv prog s'-nL-ig was becoming common in Ma?;terton, and it was necessary to impose fairly severe penalties. Accused was liable to a penalty of toO for keening, a place of report. On the ehariro " of keeping a hrni.se of resort, a fine of £~> would ho imposed, with Court costs f)s. and witness' On the charge of keening lienor for .sale, lie would be fined £2O end eorts. In one other case a conviction was entered, while a further oh was withdrawn. (•'rank Reeves was charged under

section 230 of tho Licensing Act with j , being on the premises of tho Queen's J Hotel, when they were being search- [ ed, for the purpose of dealing - "MB liquor. Constable Brown deposed to liav- 1 ing seen defendant at the Queen's I I Hotel. Defendant was under the in- | | Huence of liquor, and admitted liav- | ing spent 14s. in liquor. I His Worship said that he was sat- jj isfiecl that a breach of the Act had 8 been committed. A nominal penalty would be imposed. Defendant would be fined 10s., with ' s. costs. Percy Beauchamp pleaded guilty to a similar charge, and was lined 10s. "and 7s. costs. | Henry Ilounslow was then charged with keeping liquor for sale with-

in a no-license district. The defendant, who was represented by .Mr, Cullon, pleaded not guilty. Sergeant Miller stated that Constable MoLollan and another person went into Hounslow's shop. The constable, who was in plain clothes, gave defendant 2s. fkl. with which to procure a bottle of beer. Defendant went out and got the boor. He gave the Con-stable sixpence change, and the three of them consumed the liquor. 1 His Worship said it was quite clear > that the defendant was a messenger, and nothing more, The mere fact that he had procured a bottle of beer did not prove a sale or an agency. His Worshin quoted the decision of Mr Justice Williams on the point. Sergeant Miller stated that if this was His Worship's ruling, it would be impossible In secure a conviction for "dropping." 1 His Worship said he could r.ot help that. Ho; could not go baclc upon the Supreme Court ruling. The informa7 t-ion would be dismissed.