BREACH OF THE LICENSING ACT.

Press, Volume LI, Issue 8789, 10 March 1894, Page 4

BREACH OF THE LICENSING ACT.

At tho Police Court yesterday, before Mr H. W. Bishop, Stipendiary Magistrate am* Mr R. Westenra, J.P., R. G. Warnes, the' proprietor of an oyster saloon and res. taurant in Cashel street, Christchurch, wsj charged with having Bold liquor without being licensed. lu»pector Broham con. ducted the prosecution, Mr Joynt appeared for the defence. Win. Strean, a police constable, stated that on the night of March Ist, at about 9.15 o'clook, he and Constable Hole, in plain clothes, went to defoudant'a place. In the supper room they had flounders and tea. Afterwards witness called for oysters and was served with one dozen by Mrs Warnes. Witueas asked her if she had any ale or porter. She Baid she had porter, and witness asked for a small bottle. She went into another room and called out, "Bob bring a small bottle of stout." A man—, the defendant—brought the stout aud drew the cork. Witness paid Mrs Warnes Is for the porter and is for the oysters. The money was not paid until after the porter was brought. It was brought in immediately much too soon to allow of it being brought from anywhere outside the house. On goiug into the place witness saw Chief Detective O'Connor outside and he was there when witness came out. Cross-examined— No questions were asked, the porter was sorvea without demur. There were three people hi the supper room but they left before the porter was ordered. Witness was sure that dofen. dant drew the cork. Constable Hole gave corroborative evidence. He said, however, that it Was not defendant who drew the cork but some other person about his height. Witness was short-sighted and could not see the tt|an plainly enough to identify him. He tod Strean were instructed to go to the ealoou, Sergeant Briggs stated that by virtue of c, search warrant he searched defendant's premises on March 2ud. He found forty small bottles and twenty-nine large bottles of porter in a cupboard in a room adjaemt to the shop. When witness read the warrant to defendant he said, " Oh, yes, I will show you all I have got in the house, coins along." * For the defence Mr Joynt called— Mrs Warnes, who stated that thsodn* stables were the men who came to the plsco on the date name. They wore not in uniform ; one of them had on a slouoli hat, aud carried a kit. One of them said v Hive you anything to drink." Witness said she could send out for anything they wanted. The man said " I think I will have a small bottle of porter." She took tho money for it, and sent a boy out for it; he hroughtit, and there was some delay hunting up tho corkscrew ; the boy drew tha cork } at least live minutes elapsed before tho porter was brought and served. There were two hotels quite close to the shop, the A 1 just across the street, and the Cafe almost next door. As to the porter found on the pre* midea, they always had some for their owu use. Her doctor ordered witness to drink two bottles of porter each day. Lancelot Hart said he was an assistant in the place. He brought the porter from the Al and drew the cork. There was no delay about the corkscrew. C. Klingenßtein, licensee of the Al Hotel, said that defendant often sent to his house for ale or porter. He knew nothing of this particular occasion. , ' R. G. Waraos (defendant) said that he did a very large trade. They wore often asked for porter, &c, by customers. They always got the money first, and Beat for it to the Al. He was not in the .room on this occasion and did not draw tbo cork. There had never been any complaints about his place. The stout found was for his own use. ■,'•■ Cross-examined—He was not aware that he had long been suspected of illegal trading. This was the cose for the doienoo. Inspector Broham, by leave of $he Court, called rebutting evidence. ' Chief Detective O'Connor deposed that from 9.15 to 9.45 on the night in question he watched ■ the bock door of defendant's premises. No one went in or came out. Detective Neill deposed to watching the front entrance of the shop. The boy Hart did not come out while the constables were in the saloon. Mr Joynt said he would like to pull IB v testimonial; largely signed by citizens *» to the respectability of tho defendant and hie house, also as to the custom of Beading Oat for beer, «fee. He called attention to ttfl discrepancies in the constables' evidsftoe. No doubt they hod carefully arranged what they should say, but where it was poM«7W to cross-examine them fhey contradicted each other; for instance, in their account of the man who drew the cork. Hewasinre the .Bench would not convict on the evidence. '<-. Mr Bishop said the Bench had allowed Mr Joynt an unusual privilege of an address after the evidence had been beard. Tbsy were sorry that ho had taken advantage pf it to reflect on the police. If thoy had taken tbe line indicated by him they would be guilty of conspiracy and perhaps The Bench did not believe anything oi the kind. There was nothing in tnu evidence to justify such a stigma being oast on phm. As to the evidence for the defendant We Bench made.no remark on it. He would be fined £5 with costs and the stuff seized would be forfeited.