MAGISTRATE'S COURT.

Dominion, Volume 5, Issue 1411, 11 April 1912, Page 3

MAGISTRATE'S COURT.

POLICE POUNCE ON CITY SHOP. .SUNDAY GROG CHARGE. Yesterday, James Henry Hope, the keeper of premises in Lowe- Cuba Street, was charged .it the .Magistrate's Court with having sold liquor to Don Wallace, without being licensed to do so, and without being "exempted" under the Licensing Act of 1908. -Mr. \Y. G. Kiddell, S.M., was on the bench. .Senior-Sergeant Darby conducted the prosecution, and Mr. C. 1!. Dix appeared for Hope. Defendant had been formally charged at a previous sitting of the Court, but had elected to be tried by a jury. Constable David Wallace, of Mount Cook Police Station, gave evidence that on Sunday, .March 31 (acting in accordance with instructions received from Senior-Sergeant Rutledge) he had gone to Hope's shop in Lower Cuba street, and had asked for a "soft drink." Hope and Constable Mullen were in the shop, and Hope had supplied him with soda water. Witness had then asked Hope for a pint of beer, and Hope had replied thal_ he had nothing of tho kind in his shop. Constable Jiullc'i then left, and Hope asked witness who he (Bullen) was. A\ itness replied that he did not know, and Hope then remarked that he was not "quite sure of the man," and that, in fact he might be n police probationer. "But," he added, "bv the look of you, you are all right." "Witness had then' purchased a bottle of beer for Is. 6d. Hope went on to sav that witness could ohlain a pint of be'er from him any time. \\ hile ho (witness) was in the shop six or seven men came in, and Hope put them into a room and locked the door. 'Witness had informed Sergeant Rutledge of his investigations, and then (again in pursuance of instructions) had gone back and purchased another bottle of beer. Witness was standing at the counter witli a glass of this beer in front of him when Sergeant Rutlcdge, accompanied by Constable M'Kelvev, entered. He had not tasted the beer, but Constable M'Kelvey did so. Sergeant Rutledge took the names of all who were on the premises, including that of witness. What Ruse Was Used? Mr. Dix: There are several little booths at tho back, are there not? Witness: Yes. ■Would you be surprised to know that there was" a man listening all the time that you were there?—"l do not know if there was anyone there." Did you, when you went into the shop, say that you were ill? The witness did not answer promptly. Mr. Dix: Just take your time, constable, and remember what 1 said about the man who was next door. Did you say you were ill? Witness: "Yes." Well, why didn't you tell us that in your evidence,in chief? Y r ou said that you were suffering from the "burst" of a previous night, and you asked for whisky.—-"No, 1 didn't ask for whisky." Are'you sure that you did not ask for whisky? Take your time!—" Yes; there was something said about whisky." Did not Hope say that he had no whisky —"He said that there was a place "in Taranaki Street where I could get whisky " Did not he say that he would give you a glass of beer, but would not take any payment for it?—" No." When you weie accosted by Sergeant Rutledge'in the shop you said that you were a wharf labourer?—" Yes." "The Reward Does Not Trouble Me." Senior Sergeant Rutledge then described his own visit. The shop was partitioned. In one compartment there were three men, and in another two men. Jn the compartment whore the three men were, there were three empty glasses and one full of beer. The full one was afterwards drunk bv a man who was under the influence of liquor. On searching the premises ho had found numerous bottles of beer. Mr. Dix: "With reference to these other men who wero on the premises, you don't know how they got their beer? You were not there to tee, were you? Witness: Unfortunately, no. You would have got a bigger reward it you had been, eh, Sergeant ?—"The reward doesn't trouble me." Constable M'Kelvey gave evidence mainly on the lines of Sergeant Rutledge's ■evidence.' Past History, Arthur Henry Holmes, clerk of tho Magistrate's Court, produced records showing that on December IG, 1910, Hope had been convicted of selling liquor without having a license on December 11, and had been fined £50 by Mr. W. G. Kiddell, S.M.; and that on November 21, 1911, Hopo had bren sentenced to two months' imprisonment for sly grog-selling (to Constable Holmes); and that, on the same date, on another charge, he had been fintenccd to ono month's imprisonment for sly grog-selling (to Constable Hardy). These convictions, too, had been entered by Mr. Riddell, S.M. Accused ros°rved his defence, pleaded not guilty, and was committed to the Supremo Court for trial. Bail- (JiSO) was allowed. Fined for Being on the Premises. Hercules Nicholl and Frank Reeves were charged with having, for the purpose of illegally dealing in liquor, been on premises where liquor was unlawfully sold. Nicholl was represented by Mr. C. R. Dix. The defendants admitted that they had been on Hope's premises on March HI, at tho timo of the police raid, but did not concedo that they had gone there for the purpose of illegally dealing in liquor. Both admitted having had liquor there, but said that they had not paid for it. Tho defendants were convicted, and fined .£1 each, with court costs, 7s. They wero given twenty-four hours in which to pay, and the default was fixed at seven days' imprisonment.