LIQUOR IN CABARET

Evening Post, Volume CXVII, Issue 46, 23 February 1934, Page 10

LIQUOR IN CABARET

OWNERSHIP DISPUTED THE CROW'S NEST CASE EXHIBITS IN COURT A variety of bottles '■ containing a variety of liquor adorned the Magistrate's and the clerk's benches in the Magistrate's Court. today when the hearing was continued of the charge's against ..Stanley Dowdall List, of the Crow's Nest Cabaret, Island Bay. He appeared on two charges of keeping liquor for sale in a No Licence district, two charges of selling liquor in a No Licence district, and a charge of Sunday trading. He pleaded not guilty to all charges. Mr. A. Dunn was counsel for, the defence and Senior-Sergeant J. Dempsey conducted the prosecution. The evidence of two constables who visited the cabaret in plain clothes was given last week. POLICE VISIT TO THE BAR. The first witness today was SeniorSergeant D. Scott, who said that he visited the Crow's Nest Cabaret with a search warrant under the' Licensing Act shortly' after 1.30 a.m. on Sunday, January 14. There were about 7o' couples present. He asked if there was any liquor on the premises, and was taken to - room fitted up as a bar. Behind the counter there wore • open numbered pigeonholes and shelves. The counter was wet, and glasses that had recently been used stood on it. TKc liquor comprised whisky, beer, sherry, cocktail, gin, and cordials. List claimed that the liquor belonged to the member's of the club. Ho spoke of a list of members but did not produce it, and claimed that only members and friends wero admitted to the premises. Asked why < the police constables in plain clothes had been admitted without question and had had liquor sold to them, List made no reply. The witness said that bottles which he saw on small tables were quickly removed by waiters when he approached. The names and addresses of a number of pcpplo were taken, although List particularly asked the police not to take the names of guests. Cross-examined by Mr. Dunn the senior-sergeant said that\ all the liquor produced in Court was from the one room he had described, most of- it having been in the pigeonholes. He admitted having had inquiries made among liquor wholesalers as to what liquor List had bought, and except ;f or a delivery of two dozen bottles of beer in August last there was no record of any liquor going out there. Any quantity of liquor could be procured from hotels, and there would bo no record of it. List claimed that tho liquor in the pigeonholes belonged to certain parties, but he could not produce the owners. Tho witness denied that any of the guests came forward to claim tho liquor. Corroborative ,and additional evidence was given by Sergeant Black and Constable Gleeson. The latter said that there was silver money and a tenshilling note on a ledgo "behind the counter. To Mr. Dunn -the constable said that ho did not know whether or not the cordials were sold by List. Constable- Baker, of Island Bay, also gave evidence. He said ho was" often around the cabaret premises early on Sunday mornings, and had never seen the place elb'scd at midnight on Saturdays. The witness admitted to counsel for the defence that List had often asked him to come inside tho cabaret. CASE FOR THE DEFENCE. In opening the case for the defence, Mr. Dunno asked the Magistrate to rule as a matter of law that the evidence gave no case to answer on the charges, of selling, and ho dealt with tho legal aspects of the matter. "My view is that thcro is a case to answer," said Mr. E. Page, S.M. Continuing, counsel said . that List, who was the lessee of tho Crow's Nest cabaret, had always made it his object to prevent the sale of liquor on tho premises. He had never sold it himself or authorised its sale by anyone else, but although it was a high-class cabaret the practice was for peoplo to bring their own drink. Tfie pigeon-hole system was being used for the first time on tho night of the raid. Prior to that liquor had been drunk all over tho place and List had no control. List thought it better to concentrate the drinking in one room, where, if necessary, suijplies could bo stopped or people ejected. All the liquor seized by the police was the property of the guests, except for two half-bottles for List's personal use. He occasionally "shouted" friends, and he had to "shout" the band. All along, his instructions to the waiters had been-to tell people that liquor was not obtainable, for he realised that if it got about that the cabaret was a sly-grog establishment his interests would not be well served. Every effort was made to restrict the attendance to, club members and to persons introduced by club members, but it was impossible to completely shut out "gate-crashers." WHY CONSTABLES WERE ADMITTED. Regarding Constable Wilson's admittance without' question, counsel said that there were two Wilsons belonging to the club, and it was assumed, when he gave his name, that he was one- of those. Tho other constablo had been admitted on Christmas Evo by a man ■who was a temporary doorkeeper, and on tho representation by tho constable that he had an arrangement with the proprietor. On Christinas Eve also one of tho waiters was under notice of dismissal, having been found bringing liquor into <tho cabaret. It was the practice of guests with surplus liquor to make gifts of it to the "waiters, and guests fxlso sold- liquor among themselves. Mr. Dunn., submitted that List was legally entitled to keep the cabaret open after midnight on Saturday, and he quoted the law on tho subject. List gave evidence along the lines of his counsel's statement.

(Proceeding.)