A LICENSING PROSECUTION.

Press, Volume LX, Issue 11749, 25 November 1903, Page 5

A LICENSING PROSECUTION.

Walter Joseph Itae, licer_<te' of the Railway Hotel, waa charged before Mr W. R. HaseJden, S.M., at tl» Magistrate's Court yesterday afternoon, with having sold liquor on. October 31st after 11 p.m. He was also charged with having failed to admit promptly on the same occasion a constable in the execution of his duty. Mr Hoban appeared for the defendant, who pleaded "Not guilty." 'Mr Cresswell conducted tho prosecution. Sergeant ftemer gave evidence that at 11.58 p.m. on October 31st he visited the hotel with Constable Donovan. Ha e~w a dim light in the bar facing Manchester street, and a light in the window of a room facing the South Belt. He kneicked at the main entrance in Manchester street, and the defendant's son asked who was there.- Witness replied, " Police j I • demand admittance at once." He repeated this statement, and defendant's son waited a moment and then went away. Tlie light iti the bar was immediately extinguished. Defendant's son returned, and, after some further hesitation opened the door, exactly two and a half minutes after ho wu.s requested to do tt> the first time. Witness found a door locked, which was marked "bar." Defendant's son told him that his father had the key upstairs. He denied the existence of a *ade room facing the South Belt, in which- witness had seen a light. Defendant's son opened the bar door with a key which he took from his pocket. A faint light came from a cundl**, whicii was shaded from tlie window. In an adjoining room, which was lighted up, were the defendant and three men, two of whom had drinks by them. On the tabio were a dejcanter, containing whiskey, and two empty glasses, whicii smelt of the same liquor. , The defendant reproached his eon lot letting tho police in. Mr Hoban informed the Bench that the so-called son was really a nephew of defendant. ? Continuing his evidence, "witness stated that defendant said to him, "Why don't you catch the rich publicans, instead of catching mc?" Only one of the three men was a boarder. Constable Donovan also gave evidence. Mr Hoban submitted that the defendant's nephew was justified in not admitting .the police Immediately, fend quoted authorities to show that mere suspicion was not sufficient to justify tlie police ia .demanding admission. Defendant gave evidence that the two visitors to the hotel come at 10.30 to see him, about some dredging business. The room into which he took them waa of a semi-private nature, and nobody could enter it whom he did not take there. At eleven o'clock witness left the men while he closed up. They had nothing to drink after he returned to then*, and they were engaged in conversation when tho police suddenly entered. His nephew had probably locked the bar door after he heard the knock ot tlie front door. Witness reproached the young man for not admitting the police at once, and he explained that a few nights before the had been misled by two men, who claimed, to be constables, and on receiving admission proved To be ordiriary civilians wanting a. drink. On thi- occasion, he went to the window- to assure himself that the v'ytors reaßy were police, before opening the door.Wilfred H. Rae, nephew of tlie defendant, corroborated the la** statement. He told the accused that -bis oncle was in bed, because he ws» confused at the time, and the <iefenda_t had always instructed hini to make this, statement to people who wanted liquor after eleven o'clock. He was employed. in the bar only occosion-Hy. There was no light in the bar when top police knocked or when they entered, and there was ho one who could have interfered with the light. He did.not tell the police that the key was upstairs. R. Mcßae, engine-driver, stated that he had been boarding at the hotel for a fortnight on October 31st. It was just- beforo closing time that the three men had their la** drink.

Olaf .Magnus stated thai at half-past ten ho went to the hotel to see tlw> licensee about » dredging speculation. Ihe party had -no drinks after closing timV . Francis Qitinn, the other visitor to tho hotel, also gave evidence. His Worship stated that he re»er/e hi* decision for a week.