THE LICENSING ACT.

Wairarapa Age, Volume XXV, Issue 10713, 19 April 1913, Page 5

THE LICENSING ACT.

ALLEGED BREACHES. At tlie Magistrate's Court in Mastorton yesterday morning, before Mr L. G. Hold, S.M., R, Crocker was charged with (1) having kopt liquor for sale between April 3rd and April 12th, and (2) having delivered to the Queen's Hotel, Masterton, liquor which ho had reasonable ground to suspect was intended to be kept for sale. Mr G. H. Cullen appeared for the accused. The facts of the case were admitted. Mr Cullen stated that accused had. recently suffered a very severe illness, and his brain had been affected, his memory now being very bad. The second charge wa« taken first. Sergeant Miller stated that on Oth April he spoke to the defendant, and asked him where the beer had gone to. Accused stated subsequently that he had driven to the Queeoi'-s Hotel, and after he had put his horse into the stable the beer was removed by some one, but accused did not complain of the loss. The beer had been brought from Carterton. Robert Henry Crocker, expressman, stated that the facts related by .the Sergeant were correct. On the day ra quesion he had been to Carterton, and had had a glass of beer at Taratahi. When he arrived at Masterton he took tJhe horse out of the express at the Queen's Hotel and subsequently found the liquor missing. He did not think Mcßae asked him to bring the liquor to Masterton ; he could not remember who had asked him to bring the liquor. Hi did not bring the liquor for the purpose of selling it, neither did lie know the liquor was to lie sold by the person who had asked him to get the liquor. By Sergeant Miller: He had been fined £4O at Wairoa about ten years ago for carrying a bottle of whisky on. a coach.

By Sergeant Miller: That's very peculiar. People can carry a bottle of liquor on a coach without being fined. Were you not fined for selling liquor ? Accused: No. It was carrying a bottle of liquor on the coach. He had had three portmanteaus- in which liquor was contained. He did. not know who owned the portmanteaus.

Dr Cowie stated that he attended accused for an accident. Accused had a fall. from a waggon or lorry, which resulted in concussion of the brain. Accused was practically unconscious for nearly two weeks. Witness attended accused till the end of February, the recovery from the effects of the accident being slow. His memory was affected for some weeks after the accident. At the end of February he was fairly well, and witness issued a certificate that accused was fit" for work. Accused's present condition,Jndicated that he was suffering from excessive drinking. Witness had warned accused that drinking would retard his recovery. If accused had had drink at Taratahi his brain would 1)3 muddled. Mr Reid said that accused was the subject for a prohibition order, and ho would recommend the police to take out such an order. A fine of 40s and 7s costs was imposed. In connection ■with the first charge. Sergeant Miller stated that lie spoke to accused on Apjril 12th in regard to a case of whisky, and accused stat- • ed that he had not taken' delivery of it, and that it was probably at Levin and (Jo's, store. Subsequently witness went to accused's house and enquired about the liquor. Accused replied, "I have got it here." Accused took him into the bedroom, where there were eight bottles in a case. Accused said that Mcßao had taken four bottles out of the cast. Accused said that though Mcßae had offered £1 for the whisky accused refused to accept the money. , Constable Brown gave evidence that Mcßae had admitted taking the four bottles out of the case of whisky.

In the course of evidence accused stated that when in© ordered the whisl ky he was staying at the Queen's Hotel, but he subsequently removed to his sister's place. The liquoi* had been. delivered at the Queen's Hotel. Moßae had taken foui' bottles out ofthe cia.se without permission. v Mr Eciid dismissed the case without prejudice. If the police could obtain further evidence the case could lie, brought on again. Bertram Thomas dial lis was charged. (1) with having sold liquor to be taken into the no-lioense district of Mastertan in compliance'with an order received from one R. H. Crocker, failed' to furnish to the Clerk of the Court a statement in writing of the name and address of the person ordering the same; (2) having in compliance with an order received from one Mc-Rae, of Mcßae's boardinghouse, Queen Street, Masterton, sold liquor intended to be taken into the No-license district of Masterton, failed to furnish to the Clerk of the Court a statement in writing of the name and address of the person to whom it was sent. Mr Cullen appeared for accused, who pleaded guilty on the second charge. On the first charge a fine of 20s and costs 9s was inflicted, and on the second charge a conviction was recorded. Thomas Flaws was charged with having given an order for liquor intended to be taken into the No-license district of Masterton, on account of another person and failing to give to the person to whom the order was given a statement in writing of the name and address of such other person. Mr Cullen appeared for accused, who pleaded guilty. A fine of 40s and costs 14s was .inflicted. Ernest Flaws was charged with having given an order for liquor intended to be taken iinto the Nolicense district of Masterton on account of another person, and failed to give to the person to whom the order was given a statement in wr:tng ol the name and address of such other person. GVIr Cullen appeared for accused, a plea of guilty being entered. Accused was fined 10s and costs lis.