LICENSING PROSECUTION

Evening Star, Issue 18044, 11 August 1922, Page 6

LICENSING PROSECUTION

PUBLICAN FINED £lO. Before Mr J. R. Bartholomew, S.M., at tho Port Chalmers Court this morning, John Kyle Murray, licensee of the George Hotel, Port Chalmers, was charged with keeping the hotel open after hours on July 29, and further with unlawfully exposing liquor for sale on the game date. Mr Duncan appeared for Murray, and pleaded not guilty to both charges. Sergeant M'Rao deposed that on the Saturday evening in question, accompanied by Constable Oswald, ho visited the George Hotel, The door from the street to the bar was closed. Tho police wont along tho passage to a room at the rear of the bar. On opening the door of that room witness saw two men standing at a. counter at the door leading into the bar. Mrs Murray, tho wife of tho licensee, was in the bar, and was in the act of placing glasses ot beer on the counter at the bar door. The upper part of that door was open, ana anyone entering the room could roc liquor exposed in the bar. \V iloess approached tho two men. who gave their names as Edward Clark and Alfred Larkins. He asked them If they were lodgers. They said they were not. lodgers. Witness look Out his’ watch and told Mrs Murray it. was twelve minutes after 6 o'clock, iiua Hie bar should have been closed and these men off tlio premises. Mrs Murray said they were both slaying for tea, and the sergeant said that even - if that' wore so they eh on Id not be drinking at the bar at that time. Larkins, when asked, said ho was not staying for tea. and Clark said tho same. Mrs Murray then said she understood both were staying for tea. They had told her they were doing so. Larkins then spoke up and said that neither of them was staying for tea, and ha would tell the sergeant all about It. Larkins then said ho had met Clark on tlio footpath a few minutes before 6 o’clock. Ho and Clark were going to Auckland for Stevenson and Cook, and wished to talk business over. They talked about it, and Clark said they had better have a. drink before going away. They were having that drink when the sergeant entered. Mrs Murray said she had ordered both men off the premises, and) did not know they had not left. The licensee, Mr Murray, then entered the room, and appeared to have had liquor recently.

Witness, in reply to Mr Dnncan, said he went to the hotel and met Mrs Murray at twelve minutos after 6 o'clock. Witness had a good ordinary watch. The licensee w;iis not standing at the front door. Mrs Murray a.a (lie sergeant entered the room was placing the glasses of liquor on the door sill, and when she made an exclamation a,hunt the police both men picked up the glasses and drank the beer. He did not see Mrs Murray carrying diishes. Witness did not know that the licensee had had a serious illness, but knew that lie drank too much. The genera.! conduct o.f the hotel was on-oh that more cautions hud been given there than at other hotels.

Constable Oswald' gave corroborative evi deuce.

iLr Duncan said uhat Mr Murray had! been under doctor’s orders for some time, and Mra Murray ha-d been managing. Evidence would show that (die police visited a few minutes to 6 o’clock, and l that dark and Larkins had been served at a dido a few minutes before 6 o’clock; also that Mra Murray \v;is coming out of the bar with sumo used plates. Mrs Murray gave evidence at variance with that of the sergeant ; also Clark and Larkins, who said they wore served at the passage Slide two minutes before 6, and when, the slide dosed at 6 they went into the room. The sergeant was vtay abrupt, and flustered them.

Mr Bartholomew : The sergeant must hay.e a terrible reputation. Roderick M'Laren deposed that, he was a boarder, and was in the kitchen of the hotel, when Mrs Murray brought in plates and said l the police were in. It was then only four minutes past 6 by tiie kitchen clock.

The Magistrate commented adversely on the evidence far the defence. Had Murray served the liquor the license would have been endorsed. As it was, a penalty of £lO, with 7s costs, would be inflicted.

Edward Clark audl Alfred Larkins were then charged with being on licensed premises after hours. 'They were fined 20s, with 7s costs cauh.