SUPPLYING LIQUOR TO SOLDIERS

Evening Post, Volume XCV, Issue 40, 15 February 1918, Page 7

SUPPLYING LIQUOR TO SOLDIERS

DAY'S BAY CASE DISMISSED.

Mr. S. E. M'Cart-hy delivered reserved judgment in the Magistrate's Court to-day in the case of the Police against Nicholas Berg, coachdriver, of the Hutt, who was charged with supplying to one Allan Morrison, a member of the Defence Forces, when in uniform, intoxicating .liquor for consumption elsewhere than on the premises where it was supplied, contrary to the War Regulations. The defendant carried, on 20th January, 1918, fxpm Petone to Day's Bay, in the body of his 'bus, a bag containing three bottles of beer. The defendant pulled up his 'bus at'the pavilion in . Williams Park, a public recreation ground. Immediately on arrival at the pavilion defendant told Morrison he would find a bag in the body of the 'bus. Mor-' rison obtained the beer and carried it to the bush some distance away, and was followed by two other men in uniform. The three men were inmates of theLowry Bay Military Hospital. '■Two plainclothes constables followed the men, and took possession of the bag and the bottles of boer. It was alleged that the beer was a gift to the soldiers, who, it, was stated, had been members <jf the Expeditionary Forces but had been discharged. Moreover, not one of the three were, on the date in question, enrolled in the Defence Forces. The Magistrate said there were three points for decision: —(1) Were Morrison and Nottingham on ,20th January last' members of either the Expeditionary or the Defence Forces? (2) Is Williams Park premises within the meaning of the Regulations cited? (3) Was the intoxicating liquor supplied for consumption elsewhere than on the premises where it was supplied within the meaning of Regulation 2? . As to the first question, his Worship said the mere fact that'three soldiers i were each wearing the King's unifcrm | did not make them members of the Exj peditionary Forces, and this'realty set--.tied the whole question. As to the second question, the term "premises" included, places where sales of liquor were possible. If 'sales were effected otherwise than oil premises and by persons duly licensed, the sales would be unlawful, but such scales, whether lawful or unlawful, would subject the seller to the additional penalty provided for if the | liquor sold.was intended for consumption othenvise than at,' the place of sale. As to the third point, 'Williams Park was the premises wherein the supply of intoxicating liquor was made,- and on those" premises tha liquor was consumed and intended by the parties to be consumed, i Concluding, his Worship said:—"lf it j is desirable to make it unlawful for members of either the Defence or Expediti- | tionary Forces to be supplied with alcoholic liquor whilst under medical treatment, there should be an express regular i t;on to this effect. In my opinion the supply having been made at , WilliamsPark, for consumption thereon, no offence has been committed, and the information will be dismissed." .

At the hearing Mr. E. P. Bunny appeared for the.defendant.