THE LICENSING ACT.

Wairarapa Age, Volume XXV, Issue 10713, 10 May 1913, Page 5

THE LICENSING ACT.

SEVERAL ALLEGED BREACHES

In the Magistrate's Court at Masterton yesterday, before Mr L. G. Reid, S.M., William Gibbons was charged with (1) having given an order on account of another person for liquor to be taken into the No-license district of Masterton ; ■ <2) with having failed to give to the person to whom the order was given a. statement in anting of his name and address. On the first charge accused was fined M)s and costs 17s, and on the second charge 20s' and costs. Mr G. H. Cullen .appeared for accused. * Jaones Mcßae, who was represented by Mr H. C Robinson, was charged with having kept liquor' for safe ,an April Ist. Wn. Croker, in answer to Sergeant Miller, said that hj% had been charged la>t Court day with keeping liqnor for sale, and the charge was dismissed. It was in reference to a case of whisky that came to him to the Queen's Hotel the day ho was moving to other lodgings. Moßae said he was short, and. he had told him to take what .he wanted out of it. He took the'whisky away that afternoon. Fmir bottles had been taken out. In answer to defendant's counsel, witness said his .nemory was defective j as the result of an accident. He believed Mrs Mcßae ran the place. During tile time he stopped in the place it wa s kept very cleanly and well. He did not know there was a temperance bar in the place. It liad been kept closed. Sergeant Miller gave evidence as to questioning the defendant in company -vith Constable Brown-. The defendant declined to answer, saying he had previously told Constable Brown. The defendant had been preyiously convicted. Hie place was on the confines of the toAvn towards Tho defendant had complained to him :n strong terns about people returning fromt Carterton being dropped all round-! his place," and throwing suspicion on the house. He had been frequently' in tho house, and it ap-, peared cleanly kept, Mr Robinson said the fundamental principle that the police had to prove th-.»ir case was reversed, and properly ~o in these cases. If they suspected a;man, no matter how unjustly, and lie had Hquor in his possession, they were right to bring him to court and ernpel him to prove his innocence. This cast a very great responsibility upon tho Bench, who had to deal with the cases so as to prevent the Act operating so harshly as to become a grievance, and so unpopular as to be practically unworkable. His Worship said that although the defendant had the burden of disproof on him, he had always held that the Court should, after his explanation, be satisfied of defendant's guilt before convicting. Mr Robinson said that in view of his • Worship's ruling he would di.s~ card all collateral matters. He called the defendant to deny any sale. The defendant said he was out of whisky, and got leave to. take what he wanted. He was going to Wellington to see the Dreadnought, and on his return he was leaving for Taranaki. He took three bottles. He and some friends drank part of one. He took the second to Wellington. Somebody in the house got the third. The balance of the second he took on the train to Taranaki. He wanted to return three bottles, but was advised that he could not do so owing to certain legal difficulty that bad arisen.

Tho Magistrate «aid that the case being a second offence, was a serious one to the defendant, as it wrould invoice imprisonment. It was not proved to his satisfaction, and he dismissed the case.

James Holland was charged in ca«es with having delivered liquor within the No-license district of Masterton. which he had reasonable ground to suspect was intended to be kept for sale. A fine of 40s and costs 9 S was imposed in one case, and 40s and costs £2 5s in the other. Mr Moran appeared for accused. Bernard Douglas, licensee of the Taratahi Hotel, appeared on two charges of having supplied liquor to be delivered in tho no-licen.se district of Masterton without properly notifying the Court. Mr Moran appeared on behalf of the defendant, who pleaded not guilty. Both charges were dismissed.

Sam Allen was charged on the information of Sergeant Miller, with having procured liquor to be supplied to him in tha No-license district of Masterton without giving his full name'and address. The defendant was represented by Mr Moran, and pleaded not guilty". The defendant \va.s convicted and discharged, the Magistrate stating that he did not consider the ea»se one for a penalty.

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