AFTER HOURS.

Auckland Star, Volume LXVI, Issue 189, 12 August 1935, Page 8

AFTER HOURS.

HOTEL PROSECUTION.

BEER BOUGHT AT ONEHUNGA.

LICENSEE AND LATE CALLER.

The licensee of the Manukau Hotel, Onehunga, William Patrick Lineliam (Mr. IT. E. Barrowelough) pleaded not guilty this morning when charged before Mr. W. R. McKean, S.M., with selling liquor after hours, keeping his premises open for the sale of liquor after hours, and aiding and assisting C. Treanor to commit an offence by permitting him to be on licensed premises after hours.

Constable W. A. Rathie said that about 10 p.m. on July 31 he saw the licensee open the front door of his hotel and look up and down Queen Street. The licensee then spoke to someone inside and the latter left the hotel with a bag in his possession. Witness followed the man up the street and found it was C. Treanor, who admitted that he had bought the liquor in the bag, consisting of three large bottles of beer, from the licensee of the Manukau Hotel, and for which he had paid 1/6 each. He took Treanor back to the hotel. After waiting about 10 minutes the licensee opened the door in response to the ringing of the bell and denied Treanor's statement, which was repeated in his presence, that lie had sold him the beer. He diil not know -the man, he said. Lineliam did not reply when witness told him that he had seen Treanor come out of the hotel. No Evidence Called. Mr. Barrowelough did not call any evidence for the defence. He argued that the evidence of the police did not prove the sale of liquor by his client or that the premises had been open for the sale of liquor after hours. The accused was convicted on the first charge and fined £5. The other two charges were withdrawn. Mr. McKean told Sergeant S. A. Brown, who prosecuted, that the third charge could be reinstated in the future if desired. At the request of Mr. Barrowelough , the fine was increased to £5 1/ in order that an appeal could be lodged if thought desirable. Statement Amended. C. Treanor pleaded not guilty to the charge of being without lawful excuse in the Manukau Hotel after hours on July 31. The evidence was practically the same as in the charge against the licensee. Constable Rathie read a statement made by Treanor, in which he admitted having got the beer from Lineham. This statement, however, was contradicted by Treanor on a later date, when, in another written statement made to Constable S. Z. Olver, he claimed to have bought the beer from a hotel at Newmarket. When, in reply to Mr. McKean, accused said he did not want to give evidence on his own behalf, Mr. McKean said, "It is just as well for you that you have not repeated your second statement on oath. Tf you had the penalty would have been much heavier." Treanor was convicted and fined 30/. He was allowed to take the beer.