THE LICENSING ACT

Ashburton Guardian, Volume XLV, Issue 10163, 18 July 1924, Page 5

THE LICENSING ACT

AN UNUSUAL CHARGE..

LOCAL RESIDENT FINED.

INTERESTING CASE AT COURT.

A class of case very seldom heard in the Court occupied the attention of Mr E. D. Mosley, S.M., at the Ashburton Magistrate's Court this morning. George Blake Bowden, a bootmaker,, was charged with having failed to comply with the regulation requiring a carrier, within the meaning of the Act, to deliver liquor to its owner without undue delay. It was alleged that defendant had taken the liquor to another place before it finally louncL its way to the proper address. Mr A. K. North appeared tor the defendant, who pleaded not guilty. Senr.-Sergt. Jackson said the police raided the defendant's father's premises under a search warrant and found a man named Donn and others with two gallons of beer. Donn claimed the beer and said he had given Bowden an order. The men were gathered in the place from 7.15 until 10 o'clock at night. The Act was quite clear on the matter. The liquor must be delivered to the address of the owner and not to anywhere else. The orderproduced was not in accordance with, the Act. . . Mr North: Are you gping to make point of that ? ' .. ■ Senr.-Sergt. Jackson: I might. \ou never know what I will do. He went on • to say that Bowden had to pass Donn's place to get to his own. Constable Excell said that m company with Constables White and Southworth, he searched the premises ot the defendant's father in Havelock Street East, for liquor. There were two other men besides the defendant and his father. Witness was shown a two-gallon iar of beer which was claimed by Donn. The defendant admitted having brought the liquor from Chertsey to his father's bookshop, and that it belonged to E. Donn. Defendant produced his order. Questioned as to why he did not deliver the liquor to Donn's address, the defendant stated he had had three or four breakdowns with his car. He left.Chertsey at 4.15 and arrived at 7.15 Witness pointed out to the defendant that he had to pass Donn's residence to get, to his own place in Havelock Street. To Mr North: Defendant had been quite frank about the matter. The reason given by one of the men why the liquor was not taken to Donn s. place was that the letter's parentswould not. "stand for it. Cross-examined on the question ot the route taken by the defendant, witness admitted that the main road was in a fairly bad condition. Counsel suggested it the defendant had taken a route which led him to liouse before they would reach Donn a. Witness said he was sure the cai wasin a bad condition. All the men were, S °To r ' Senr.-Sergt. Jackson: The jar was about, three parts full when witness examined it. , Corroborative evidence was given oy Constable White. -j„„ m Mr North did not call any evidence for the defence. He said he had Pleaded not guilty merely to have the facte brought out. Defendant and his father were quite decent people. A party of men" mostly bootmakers, had gen? to Chertsey. It was practically a ft?BS£JE& i« «* a bookm£r n Se I P : arty No. Bootmakers, sir. < W^™t«ntortateibitc S riy i, nnw f our 0 r five punctures occunea, !3F unfortunately the repairing outfit wm exhausted It was necessary to pick the easiest way into Ashburton had taken the west side of the mail road. They arrived at BowA P n\ place first, and Donn said he would gS his bicycle and complete his iourney home, and would take the beer with him. Donn took the beer out of the car and went to get his Wle but found it was away. He then asked his friends if they would care tor a d ink and the offer was accepted. Counsel submitted that but for the a3nt to the car they would n6t have gone to Bowden'a pace first, J* was quite the natural thing fo J>o™ to offer his friends a drink, for the trouble they had gone to. .■- , The Magistrate said he did J*& hi wfSt> surrounding

that the whola trouble was due to nusadventure [Jnder ordinary circumstances the Kquor would have been taken straighto q Bonn's. The men concerned had never been raided before. This wasnot like a case where the liquor had been brought in for sale. , The Magistrate emphasised that thewhole of the circumstances in the case were objectionable. His Worship then S for the benefit of the public, the section of the Act under which the charge was laid. It was essential that fmuor be delivered, without unreasonable delay, direct to the address of tha owner. The penalty was £SO , Senior-Sergeant Jackson, replying to--a Son said the defendant f Bowdem had not been before the Court before, but he had had a large quantity of liquor in since he came here m May.. The Magistrate (looking down a. list): I suppose you consumed tnis v with the aid of friends ? , . . Defendant: I had my share of lt.-

The Magistrate: I should say so. Defendant was convicted and fined £5 and costs. Railway Regulations. Richard Lane, Ruapuna, was charged"; with having attempted, on April 8, to> pass over a railway crossing in Ashburton when the line was not clear. Mr Brown, who prosecuted, said defendant had attempted to cross over ire front of the Timaru train. It niissecF the engine, which was proceeding at 20; miles an hour, by about 10 to 15>, * Defendant said he had no reoollectionof the matter. It must have been somesix weeks after, that he had been approached by the authorities. Ho had not noticed the train. Defendant was fined £2, and costs: £4 9s. Civil Business. On a judgment summons, E. Newman, Methven, was ordered to pay E.l ; Protheroe £1 13s forthwith, in default j three days' imprisonment in Paparoa ' prison^