RAID AT HOTEL.

Auckland Star, Volume LXIV, Issue 189, 12 August 1933, Page 10

RAID AT HOTEL.

SERGEANT THROUGH'WINDOW.

HEX FOUND ON PREMISES,

There was a sharp conflict of evidence in a licensing 'prosecution which came before. Mr. W. R. McKean, S.M., late veaterday afternoon, when Daniel McCarthy,- licensee of the King's Arms Hotel, Newton, was charged with obstructing a police sergeant on June 24, keepiiig - the premises open for the sale of liquor after hours, exposing liquor and selling liquor after hours. Michael McCarthy was charged with obstructing the police, and, with Stephen White, was. also charged with supplying liquor to persons not entitled to be supplied. Mr. J. Terry appeared for .the three defendants, each of whom the charges. Detective-Sergeant M. O'Sullivan prosecuted' for the police. Sergeant Campagnolo said that, with Constable Kimberley, he visited the hotel at 7.40'0n the night of June 24. He sa'w ii mati knock -at' the window of the;- pHvite" bar and walk away. Witness then'; saw'. Stephen White, liar man open the window. Sergeant -Campagnolo said he then jumped through the window and saw about 30 men in fhe'" public bar;' He.'heaird someone say "Break, here come the Johns." There was a. stampede, and most of the men got away. Witness added that had it not been for the obstruction on the ]>art of the licensee, many more, men than six on the premises would have been caught. To Mr. Terry, Sergeant Campagnolo denied that he" lost, his head and was excited. He considered he had a perfect right to jump through the window when it was opened. Mr. Terry: This is a serious case, for you, sergeant. If you had not found an offence after you jumped through the window, you would have been in a scrjous -diffieulty I—Not v a.t all.:' I would like 'to havS' fotifld il6 offence at the hotel.

Evidence was also given by Constable Eimberley. . Mr. Terry submitted that the sergeant was too zealous and aggressive and that he had no right to enter the premises through the window. He was ■not entitled to do that, but should have knocked on the door and made a demand to eater, as required under the Licensing Act. Mr. Terry said the circumstances had vbeen made out as black as possible, th,e sergeant's sole purpose being to get sufficient evidence. Mr. Terry suggested that the magistrate should inspect the 'premises. • ' . , . . ' Evidence was given by the three defendants denying' the allegations , made by the police.'. ,; Thelieensee and the other two defendants said there were 310 unauthorised persons in the hotel after hours. The five men found there by the police all had tea at the hotel. The magistrate remarked that he had been asked to believe that the police had wickedly conjured up a story to secure a conviction. He preferred to believe the police evidence that there was- a large number of men on the premises when they visited the hotel. At 5 p.m. the hearing was adjourned until Monday afternoon.