THE LICENSING ACT

Wairarapa Age, Volume XXXI, Issue 10713, 18 January 1913, Page 6

THE LICENSING ACT

. ! FURTIi FM Ai.LKGKD Bi?F.A( HhS. TWO DKKKNDANTS l-'INKD. | In tlu> Magistrate's Court at- Masterton yesterday, belore Mr L. (>■ . Keid. S.M.. Thomas Tinimo was clutrgcd: (1) Thai. being a resident in the i no-license. fj;-jli icb ol Masterton, :ind , acting oil behalf of one \ ida Clancy, j also a resident of Ma sum - ton, and act- ; ing on behall oi one \ ida ( iauc\, j also a resident of the no-license district, lie did obtain liquor to be delivered to the said Vida Clancy without notifying the vendor that the said liquor was intended to be delivered | t.) such a rf: ,ident; ('2) That he did j attempt to deliver at Home-bush, it the no-license district- ol Maslerton, a packet- containing liquor, wit limit 1 tlie said package having distinctly marked on the outside thereof a statement that it contained, liquor; (3) Tliat- he did keep liquor for sale in the no-licoi;st> district of Masterton. Mr G. H. Cullen appeared for the defendant, and pleaded guilty to the first two charges, but not guilty to the charge of keeping liquor for sale. .Constable Brown deposed that about quarter past one in the morning of January ls*t. he was in Dixon street in company with Constable Ferguson. He j,nw a trap being driven, without lights, from the direction of Carterton. Tliey stopped the driver, and found him to he the defendant. Tliey searched the trap, and j found that it contained ton bottles of "Tui" beer. In answer to questions, the defendant stated, that the beer had not a label on it. Ho said lie had got it from the "top house." in Carterton t that he had not told the vendor whom it was for, and that lie was taking'it to. the house of Mrs Clancy, at. Home-bush. He "said that five bottles were for .Mrs'Clancy, and' five, for him- . "self... 'Witness' drew defendant's attention to tho fact that he was travelling in the direction of Lansdowfte; instead of Homebush. Defendant 'gave no satisfactory explanation. When the beer was seized, defendant turned and went back. On January » 3rd witness saw defendant and told Ihim that there was no evidence that he had purchased it at the "top house" in Carterton. Defendant said he had not purchased it all at once-. By Mr Cullen : Witness would not ' deny that defendant had invited the j Constables to go down and see Mrs I Clancv about the matter.

Constable Gcegor deposed that lie liad visited the whole of the licensed houses in Carterton, and had discovered that the defendant had purchased no liquor there oil the night of December 31st.

Mr Culien objected to the evidence as hearsay, and His Worship upheld the objection. B. Douglas, licensee of the. Tarnt.alii Hotel, deposed that he knew the defendant, who had called afc his house on New Year's Eve and asked for beer. Witness refused, thinking he was a Maori. Witness was not informed that defendant already had beer in his trap. This was the case for the prosecution.

His Worship stated that there was a prima faeie ease to answer. The defendant, on oath, stated that, he had purchased: ten bottles of beer at Carterton on New Year's Eve. Five of these bottles were for Mrs Clancy, and five for himself. He did not think it. necessarv to sign for the beer.

Under cross-examination, witness denied having called at either the Royal Oak or Club Hotel in Carterton on Xew Year's eve and asked for beer. He admitted having called at the Taratalii Hotel and been refused. Ho denied having told one Greathead that, if ho could not get enough liquor .in Carterton, lie would go to Greytown.

His Worship dismissed the charge of having kept liquor for sale. On the other two charges, defendant was fined 40s and 2Gs respectively, witli 9s costs on each case, and witness' expenses 10s. A fortnight was allowed in to pay the fine.

Phillip .Juno was charged (1) with having obtained liquor to bo delivered to him in the no-license district of Masfcerton without notifying the vendor that he was a resident of the said district; (2) with keeping liquor for sale

The defendant, who was represented by Mr Moran, pleaded not guilty. Sergeant Miller stated that the dedefendant had gone to Carterton in a motor-car with <ii Maori. He had been refused liquor at the Taratalu Hotel. He had then gone to Burridge's brewery with a man named O'jßeillv. The

Litter had obtained live dozen of boor, which was placed in the motor-car. and defendant had brought it back with 'him to Mastcrton. i\\ illiam Burridgo, brewer, deposed that defendant was a customer of his. and been in the habit of procuring a dozen of beer every week. Witness remembered defendant, calling at the depot with a man named O'Reilly on the evening of January Oth. O'Reilly ordered live dozen of beer, signed for it and .paid. The beer was placed n the ear by witness. O'lieillv stated that lie was working IVr the County Council, and gave his address as "Remington's boarding-house. Mastcrton." The three men went away fin the car together. William Ha.wcre, motor-car driver.

'deposed tliiit the defendant asked him | on Monday, .January (jth. to drive ' him to Cartel ton. Witness math l an appointment to meet the defendant in Hossey Street shortly after nve o'clock. They drove together in the car to the Taratahi Hotel, where they had a drink. Juno spoke to another man in the hotel, hut came out again soon after and instructed witness to drive him to Burridge's depot. \\ it-n-.'ss <lid so, .Juno and iheother man went into the depot, and two -.sacks of hoer uere subsequently put into Ihe car. 'ilre two men got into the car and they returned to the 'larat-ahi .Hotel. One'man got off at the hotel, and witness and Juno returned to Musterton. He stopped in Hossey Street, and .Juno carried the beer into his house. .Juno paid tl for the hire of the car. Witness subsequentlv wont- to Juno's house with Sergeant Miller. When witness, said lie nad taken Juno to Carterton, the latter said. "You're a liar." Under cross-examination, witness ■stated that he t-ook the beer oil' tne car in Hessey Sereet, and placed it o n the road. Juno took one hag into his house while witness was there. I}. Douglas, licensee of the Taratahi Hotel, deposed to the defendant, another man, and a Maori calling at ! his house on the evening of January [6th. One of the men asked for a ease 1 0 f |>(hm\ hut witness refused to supply [it. Witness could not remember j whether it- was Juno or the other mat, J who asked for the heer. • Sergeant Miller deposed that about 10.30 on the night ov December 30th last he was .st.mding in Dixon Street, when lie saw a man named liuubiW. rbout to.drive -'.own the lane to Juno's house. Witne.js spke to him. an found that he .had a dozen .ano ten bottles of beer. The man said he'»ot the beer from the Taratahi Hotel and that Juno had, two, .bottles m Ins., pockets. When witness spqko to -Benbrook, he drove away - m another dilution. 'Witness ■ called at. Juno's house on January 6tK and j found him drinking with a man. In ! reply to a question, defendant denied J having been in Carterton witli n Maori ion tlie 6th. Witness got a search | warrant and searched the premises. |Ho found, live bottles of Burridge's

bed'. Constable Ferguson deposed thnt, when defendant was confronted by the Maori, lie denied having been in Carterton.

This was the case for the prosecution.

Mr Mo ran urged that there was no evidence that lie had "obtained the liquor, which was ordered by O Reilly. His Worship ruled that O'Reilly had paid for the liquor and signed for it. The fact that it had been delivered at Juno's house showed that he had "obtained" it. The defendant (Phillip Juno) on oath deposed that he went to Carterton on January 6th. A man had given him £1 to go to Carterton, to get him somo beer. 'The man (J Reilly tried to get beer at the Taratahi Hotel, but failed. He tlien said, "We'll go to the brewery and get some." They had five or six drinks at the Taratahi Hotel, and then went to another hotel, afterwards visiting tlie brewery depot. O'Reilly ordered five dozen of beer, and paid for it. They had drinks at the depot, and more drinks ®-t the Taratahi Hotel. O'Reilly got off at the Taratahi Hotel. He asked witness to leave the beer at Jiis house until he returned home, | as he would "be returning later in the ! day. Witness took tlie beer out, and ' left it outside his house until O'Reilly (called for it. | Under cross-examination, defendant i admitted having been previously fined for keeping liquor on his premises for another person. • - ' ... His Worship said -it seemed to him that the .twomen'were working together. The defendant would be co»-vict-ed of obtaining Uquor, and would bo fined £3, costs 15s, and witness's expenses, Tlie taking of the liquor into the house was very suspicions, but defendant would be given the benefit of the doubt. The charge of keeping liquor for sale would be dismissed.