"BOGUS" CLUBS IN WELLINGTON.

Evening Post, Volume XXII, Issue 18, 21 July 1881, Page 2

"BOGUS" CLUBS IN WELLINGTON.

THE STEWAED OF THE "TE ARO CLUB " FINED .£2O. James Flaherty, the steward of the " Te Aro Club," Courcenay PUce, appeared for Bentenoe before Mr. *E. Shaw, 14.M., this morning, charged with having sold certain alcoholic liquor to a member of the club, under circumstances previously reported. In delivering his decision, Mr. Shaw remarked that; ths evidence had established beyond a question tho fast that this club was a "bogus" one. Any person who entered the club with half-a-crovm in his pocktt, and consented to sign his name in a book provided for the purpose, was thenceforth at liberty to commence drinking ad hbitum at all hours of the day and night, week-days and Sundays included. It would doubtless be within the defendant's recollection that his predecessor — Charles Lewis — had been convicted on a similar charge to the present, and was now undergoing a term of imprisonment in default of paying his fine. It seemed as if Flaherty had at once stepped into Lewis' shoes, and that, too, in spite of the judicial announcement that the trade was illegaL Now, he did not convict the defendant for selling to a person who was a member of this fictitious club. He convicted him upon this broad ground — that inasmuch as the* club itself had no right to sell liquors it could not delegate that power to anyone, and that this offence came within the provisions of the Licensieg Act. He (Mr. Shaw) had been anxious — he wa3 so still- to believe the defendant's action had been simply the result of wilful folly and craß3 stupidity. Had it been a determination to defy the law the penalty would have been very severe ; and if a similar case again came before him, no matter from what part of the town, and conviction ensued, the penalty would be the extromeat that could be imposed. In the present case, however, ths defendant would be fined £20 and costs, in default two months* imprisonment. Mr. Fitzherbert, who appeared for Flaherty, asked that execution might be stayed to enable him to appeal. Bis Worship said that on the conviction of Ebden and Lewis for similar offences he

Btayed execution for some weeka-^in fact months — to enable appeals to be made ; but no more was ever heard of those appeals. If Mr. Fitzherbert had any seri ms intention cf appealing, of course, he would stay execution for that purpose. Mr. Fitzherbert would like two or three weeks to consider whether it would be advisable to appeal. His client was not a person of means — he was simply a hired man. His Worship— Then those who hired him Bnonld pay the fine. You have a statutory right to appeal within Beven daya A long period would givo tho defendant time to clear out. Mr. Fitzherbert— Oh, we have no Buch intention, your Worship. His Worship — If the defendant gets a fortnight's Btay, he would be a great fool if he did not clear out — (laughter) — because the only alternative ia to go to gaol. If there was any spirit of fairness or common decency among the members of this " club," they should subscribe this man's fine. Eventually, it was agreed that execution should be Btayed for a week.