AFTER-HOURS TRADING

Evening Post, Volume CXI, Issue 120, 23 May 1931, Page 7

AFTER-HOURS TRADING

DEFENDANTS DENY GUILT

DECISION RESERVED

Investigations made by a sergeant and a constable shortly after 10 o'clock on the night of 22nd April, led to Iho appearance in the Magistrate's Court yesterday of Thomas Malachi Brennan, licensee of the Te Aro Hotel, and James Butler, barman.. | Bronrian was charged with keeping' 'the hotc-1 open for tho sale of liquor, and Butler was charged with opening the premises for the sale of liquor after hours, and with supplying liquor to a person not entitled to be supplied. Mr...T. A. Scott appeared for both tho defendants, who -pleaded not guilty. After he had heard the evidence the Magistrate, Mr. T. B. M'Neil, reserved his decision. Sergeant Cleary said that at 10.4 p.m. on '22nd April, in company with Constable Hogan, he was passing the Te Aro Hotel when tho door opened about a foot, and Butler's face appeared. Tho door, was being shut when Constable Hogau and witness pressed against it and it opened. Witness saw Butler disappear in the darkness of the hail, and also saw.another man, Batten, with a bag in his hand standing in the hall. Witness found Butler standing by a door leading to one of the bars. On being asked to open the door, Butler said he could not because he did not have any keys. Butler told witness that Brennan had gone home. When Brennan and Mrs. Brennan were away Butler said that he, to a certain extent, was in charge of the hotel. He told witness be had no access to the liquor in the hotel, and he did not . know who had supplied the liquor to Batten. . To Mr. Scott witness said he made a thorough search of the hotel, and the only persons ho found on tho ground (loor were Butler, Batten, and a boarder. The only person witness found who should not have been on the premises was Batten. Butler had offered to let witness search him, but witness had declined. Constable Hogan corroborated tho previous witness's evidence. • Henry Vivian Batten said that the police. arrived just as he was leaving tho' hotel. He first called at the hotel at 10 p.m. and told Butler he had called for a bag which he had left with Brennan in the afternoon. Butler let him into the hotel so that he could get his bag, which contained two bottles of beer. • . • To Mr. Scott, witness said he took the bottles .to be filled with beer at 3 o'clock in the afternoon, and paid for them then.' He intended to call for them beforo 6 o'clock, but was prevented from doing so. Thomas Malachi Brennan said that he saw Batten in the hotel at about 3 o'clock in the afternoon. The bottles of beer were filled in witness's presence and the bag was left in the office. Batten said ho would call back for the bag before 6 o'clock. Witness was certain that' the bottles were filled with beer and paid for before 6 o'clock. At the time the police called witness was not present. Butler was in charge, but he did not have access to the liquor in the hotel.. Clarence Whitwell, barman, employed at the hotel, said that Batten gave him the bottles to fill in the afternoon. Witness was not on the hotel premises during tho evening. Cross-examined, witness said it was a usual thing for customers to leave bottles to bo filled and call back for them later. . . James Butler said that Batten arrived at tho hotel about five minutes before the police. He told witness lie had called for a bag which he had left in the office in the afternoon. Witness let Batten into the hotel and left him standing in tho hall whilo he got the bag. Witness had no means of access to any of the bars, and he had no authority to serve after hours. Asked as to where he went to after he had opened the door and the police came in, witness said he was standing in the hall by the door, but as it was very dark he might have escaped attention. To Sub-Inspector Lopdell, witness denied having purposely disappeared.