UNUSUAL POINT

Evening Post, Volume CX, Issue 112, 8 November 1930, Page 13

UNUSUAL POINT

PURCHASE OF WHISKY WAS SALE COMPLETED? A licensing case involving a somewhat unusual point was heard by Mr. T. B. M'Ncil, S.M., in the Magistrate's Court yesterday afternoon, when. Cissy Myra Brough, licensee of the New Zea- . lander Hotel, was charged with selling liquor after hours and keeping the hotel open after, hours for the sale of liquor, and Joseph Twidle was charged with supplying liquor unlawfully. Sub-Inspector Lopdell conducted the : case, and Mr. J. J. M'Grath appeared for- the defendants, who pleaded not guilty. Sergeant J. I\ Cleary said that at 6.30 p.m. on Sth October he saw a man named Smothurst leave a taxi outside the Now Zealander and go into the hotel after speaking to another man at tho door. About five minutes later Smothurst came out and got into the taxi, which moved off. Witness stopped the taxi, and after speaking to Smethurst accompanied him back to the hotel. , They entered the private bar, which was lighted, and in which there was an attendant, and approached the office near which Twidle was standing. Mra. Brough was nearby. Twidle at first denied that he had served Smethurst with whisky, but when the latter said," You got it from the offieo for me," he said, "That is right. I gave it to him." He added that Smethurst had not paid him for the whisky, which had been left in the office for him. Mrs. Brough then said that, the whisky had been purchased on the previous day by Smethurst. "It is what we always do, it is quite legal," she added. Witness said he did not agree with her. When Smethurst was reminding Twidle about giving him the .bottle,-be said that he had bought it the previous day. . In reply to'Mr. M'Grath, witness said that Mrs. Brough gave him the impression that she thought it was' quite legal to supply liquor in such a way. , Arthur Smethurst gave evidence that on 7th October he.went into the bottle ■ store of the hotel and asked for a .bottle of whisky... The man behind the ! counter quoted several brands and wit•{ness finally decided oh a particularbottle at 15s. He; paid for it and asked if it could be left until lie called the nest day, and was told it would be left jii the office.'' He gave his ..Christian name and then left the premises. About 6.30 p.m.' ..the . next. day he : called for the whisky. "• '•••'■• ■ '■■'■'' ! Witness .maintained that his statement .to .the sergeant on Bth- October was- ■ incorrect in ■■setting- put that he ; did/not, see "the bottle ofwhisky h,c had purchased,.' .' ; . . : Sub-Inspector Lopdell. said that tho ; police had hot.doubted from the start that the whisky! was purchased on 7th October. ' ■ :•■• •• ■ : ' 'At the conclusion' of the police case Mr.-M'Grath submitted that there was no case to answer. "I think, to put it •' briefly^?' ho.said,, ■"■ that the Sub-Inspee-tpr las "been..let."-down." • ■ The .Magistrate,'.(Mr.: T. B. M'Ncil) '■said he., was uot. satisfied that there : was no ease-to-answer. . Mr. M'Grath contended that as both sides were agreed upon the facts there was only the legal aspect to consider. There had been no evidence at all, he submitted* <>&. which the licensee could bo convicted" of .keeping, open after hqurgfor the sale of liquor. In regard to the other -charge against her, he ' urged...that. the sale to Smethurst had been completed.when hd paid for tho whisky on the 7th.' He also'submitted that there was no evidence that Twidle, who had handed the whisky to Smethurst, had the authority of the licensee cither to sell or deliver liquor at any time. He was only a porter. - Sub-Inspector Lopdoll - said lie did not agree-■'. that, there should be evi- ■ dence that the person-who supplied the' liquor had authority. "T quite'appreciate that I have been let down. I practically.: admit that,.'? he. ..added. "The wholo question for., tho Court to determine is whether or not there was an appropriation oil the 7th, and, if there was, even then the matter is still open if there bas'riot been a delivery." ,'■ The Magistrate reserved his decision. Leay«-was reser.v"ed"t'ot-."Mf". M'Grath to call evideucp-if the decision 'on the law was.- against ,-Mrn.' ■ • '