A LICENSING PROSECUTION.

Auckland Star, Volume XXXVIII, Issue 256, 26 October 1907, Page 7

A LICENSING PROSECUTION.

•INVITED TO.A DRINK.

'Before Mr. E. W. Dyer, S.M., at the Police Court yesterday afternocin, Walter King, lessee and licensee of the Comr mercial Hotel, was charged with allowing liquor, to be.sold on his pre'mfses; during closed hours (Sunday, "September 22), also with-keeping the'premises open and with exposing liquor for sale. William Lyon \Veiss was, in connection "with the ■same information, charged with having been found on the premises on that day, without being a servant, lodger, bona fide traveller, or other person entitled by law to be there. Mr. Fallon conducted for the prosecution, and Messrs. McVeagh and' Northcroft appeared for the defence. Sergeant Hansen said that on the evening of Sunday, September 22, he was going his- rounds, accompanied by a constable, and, entering the Commercial' Hotel, noticed a. light in the private bar. Upon pushing open the door, which was ajar, he found the licensee, Mr. King, and Mr. Weiss, standing in front of the bar. There were two glasses containing some whisky alongside of them, and a half-filled decanter standing on the counter.- In reply to his query to Weiss as to what he was doing there, Mr. King said that .he was a boarder. Weiss, when turned to, said that he was in the habit of dining at the hotel, but was going to sleep there that night. Upon inquiry next morning, however, witness discovered that Weiss had hot slept at the hotel. In reply to Mr. MeVeagh, Sergeant Hansen said that the Commercial Hotel was one of the best conducted hotels in the city, and that there had never previously been any complaints about.it. "Waiter King said that after returning from Onehunga, about half-past six, he went into the bar to obtain refreshment for himself, and while he was there Mr. Weiss looked in, and inquired.as to the whereabouts of the accountant. Witness and Mr. Weiss became engaged in con-' versation, and at the invitation of himself,., Mr. Weiss had a drink with him. They were still discussing this one drink; when Sergeant Hansen arrived.' In the confusion of the moment he remarked that Weiss -was a boarder, whereas he was but a casual visitor. No money whatever passed between them. Weiss; in the box, explained that he visited the hotel to see Mr. Eyton, the accountant, who was a friend of his, and whiie searching for him, went intd the private bar and saw 3ir. King, who invited him to have a drink. He had intended to spend the night at the hotel, but, for some Teasbri he could not explain, had not done so.. . Mr. McVeagh submitted that there was ho sale' of liquor, and no evidence had shown that the premises were open for the sale of liquor, or that liquor was exposed for sale. Decision was reserved.