SUNDAY DRINKING

Evening Post, Volume LXXV, Issue 89, 14 April 1908, Page 7

SUNDAY DRINKING

CHARGE AGAINST A- HOTEti. KEEPER. ' ' T ' INFORMATION DISMISSED. In the recent case against GorneJinf MpMauus, licensee of .the Railway fitc^ol, Lower Hutt, charged on two informations, first, with unlawfully opennip hi» premises on Sunday, (the 15th Maroh, and secondly, -wiih , .unlawfully. selling liquor during closing hours, the fitagis.trato, Dr. McArthur, elected Lo reserve his decision. To-day, be delivered'judgment. The facts Of the case, briefly recapitulated, were that two constables saw two men enter the hotel on the rocasion in question, and following, found them in a, parlour adjoining the bor. One of the men had. a glass of "b'der iv his hand, "while" the "other w«s receiving a glass of stout from the landlord, who handed, it out of the bar. Onfe of tho constables said he saw a shilling in the hand of one of the two men. The otnor constable, who was close behind, said ho saw no money, and both agreed ih*>t nothing was said about payment at tha time or about a Bale. The contit&bl* stated that the men said they -yrart boarders, and the defendant »Hirro'Dorr ated this. For the defence, it was farther stated that the men were frionds or acquaintances of the defendant in :3ieefton, where the defendant had teen >a publican, and this was virtually substantiated by pno of the constables, who lniew tho men in Reefton. Tho men wero simply tho gucste of the .defendant on the Sunday iv question. His Worship quite discredited whe story that the men were bo&rders, and fined them for being unlawfully oil the premises. As to the defendant he was in considerable doubt. It seemed to him quite reasonable that after tea he should pat the dining-room takings in the safe kept in the liar, and on the ro-ent<y o+"o +" the men froni a walk should serve them with a drink still' as Wb guestis. The whole transaction occupied only some two or three «mvntes. There was 110 direct evidence as to any sale''ox liquov and, nlthough the whole circumstancMs might bo suspicious, his Worship felt a doubt about the matter. He was, of opinion that the defendant was entailed to the benefit .of that doubt. In support of tlvis opinion his Worship quaiea numerous cases in point. The informations in each instance would be dismissed. Mr. J. J. McGratb ap. pewod for Oie defendant.