MAGISTRATE’S COURT

Greymouth Evening Star, 15 October 1928, Page 3

MAGISTRATE’S COURT

LICENSING CASES TO-DAY’S GREYMOUTH SITTING Cases arising out of various breaches of the Licensing Laws occupied the greater part of to-day’s sitting of the Greymouth Court. Mr. W. Meldrum, S.M., presided, and Senior-Ser-geant C. E. Roach represented the police. Found drunk on the Greymouth-Re-wanui train on September 29, a first offender was fined 5/-, with costs.

Three statutory first offenders, caught after hours in the Dunollie Hotel on September 28, were each ordered to pay costs. Two first offenders, caught in the Empire Hotel, Wallsend, on September 28, were each ordered to pay costs, while a third offender was fined £2, with costs.

The charges against Percy James Patterson, licensee of the Union Hotel, Greymouth, were further adjourned, until the s.s. Alexander revisits the port, as the evidence of members of her crew is required. OFFENCE AT OTIRA LIQUOR ON SUNDAY The licensee of the Otira Gorge Hotel, Emil Samuel Yde, was charged with exposing liquor for sale, keeping his premises open for sale of liquor, and selling liquor on Sunday, September 23. His wife, Frances Yde, was charged with unlawfully supplying liquor on the same day. Mr. W. P. McCarthy appeared for defendants, and pleaded guilty to the charges of selling and supplying liquor. The other charges were therefore withdrawn. The Senior-Sergeant stated that neither of the defendants had been before the Court previously. On the day of the offence, the licensee was away at his farm, and left his wife in charge of the hotel. “Your Worship will probably know the place,” remarked Mr. McCarthy, explaining that the hotel was situated right at the foot of the Otira Gorge. It was, he continued, used mainly by people travelling over the Gorge, for the purpose of securing meals. On the day of the offence, two men arrived at the hotel in a -car, and MrS. Yde supplied them with drinks, under the impression that they intended having a meal there. However, she made no enquiries. When the police arrived, it was discovered that the men did not intend to have a meal. Neither of the defendants had been previously convicted. They had been conducting the hotel for a considerable number' of years. The S.M. fined the licensee £2, with 10/- costs, and Mrs. Yde £l, with costs.

Two first offenders, caught in the hotel, were each ordered to pay costs, and a second offender was fined £l, with costs. BARMAN UNDER AGE BUT APPEARED TO BE OLDER More than usually interesting were the charges against William Henry Gieseking, licensee of the Brian Boru Hotel, Greymouth, and John O’Malley, who until recently was employed. at. .the hotel. Gieseking was charged with employing O’Malley in the bar when he was under 21 years of age, and O’Malley was charged with aiding and abetting ieseking in the commission of the offence. Mr. J. W. Hannan, who appeared for the defandants, entered a formal plea of not guilty on behalf of Gieseking, and one of guilty on behalf of O’Malley. Sergeant J. Smyth said that he interviewed the defendants and took .a statement from O’Malley, who said that, before he was employed by the licensee in February last, he told Gieseking that he was 21 years of age. O’Malley told witness that he was 21 in February last. He had been working at the hotel for a. considerable time, and was known as- the barman O’Malley’s birth certificate showed that he was born in 1909. He had just turned 20 years of age when Im commenced work at the hotel. Mr. Hannan: I think he had every appearance of being over 21? —Yes. I have always taken him to be over 21. So far as you are aware, the licensee was perfectly honest about the matter?—He said he did not think O’Malley was under 21, and that O’Malley had told him before lie took him on that he was 21. O’Malley was brought in, and said he was 21. Enquiries were made at Geraldine, and it was ascertained that he was only 20. O’Malley said in my presence that he was over 21.

The Senior-Sergeant said that, so far as Gieseking was concerned, the offence with which he was charged was absolutely prohibited by the Act. Mr. Hannan said he had formally pleaded not guilty, in order to have the facts brought out. The onus was 'really upon the licensee to make sure that the person employed was over 21.

The Senior-Sergeant: There is some little excuse for the young fellow saying that he was 21, because he wanted tlie job.

Mr. Hannan stated that O’Malley’s father was an hotelkeeper, and defendant had previously worked in the bar for him. Gieseking applied in Christchurch for a barman, and O’Malley secured the job, saying that he was over 21. He had every appear? ance of' being over that age. The S.M. said that the prohibition was absolute and there was nothing in the Act as to a man appearing to be over the age of 21. Gieseking was fined £l, with 10/- costs, and O’Malley was similarly penalised.

FOOTBALLER’S IN HOTEL.

S.M. DISMISSES CHARGES

That footballers arc entitled to enter an hotel on Sunday, for the- purpose of changing their clothes, was hold by tho S.M. in cases concerning members of tho Grey League Club. Philip ’Howard Betts, the manager of the Grey team, and Albert Edward Thomas, the captain, were charged with being unlawfully on the premises of the Hotel Dominion, Greymouth, on Sunday, September 23. Mr J. W. Hannan appeared for defendants, and pleaded not guilty. Sergeant J. Smyth stated that about 2.50 p.m. he saw defendants and a third man, whom he did not know, leave tho hotel, enter a taxi, and drive towards Cobden, where a League football match was to be played, T Je did

not see the defendants until a week later. Thomas then said he was the Club captain, and was at the hotel with the team. Betts said he was the Club’s President and was also with the team. “The position with the Grey League crowd and. the Marist crowd is this,” said the Sergeant “They play Sunday football, and, instead of changing their clothes at their homes or club rooms, they change at the hotel. It is right enough for the footballers, but when it comes to civilians, it is going too far. There was quite a crowd at the hotel. Those who are not playing football travel on the position of the men who are.” Mr .Hannan said he understood that the team had assembled at the hotel for several years past. The Sergeant said he thought the team had assembled there only recent-

ly. Mr Hannan: Do you know whether Mr and Mrs Kiely (the licensee and his wife) were there on that particular day? Was there any question of drinking going on?—There was no sign of it, or the footballers, about 2 p.m., but at 2.50 p.m. we saw three men leaving the . hotel in civilian clothes. Another man in the taxi was in football gear. Constable Brown corroborated the Sergeant’s evidence. Mr Hannan said that the facts were as stated by the police. Betts was manager of the Grey team, and the team assembled at the Hotel Dominion, and stripped there before going to the football ground. The reason was that the football gear belonged to the Club, and Betts, who was in charge of the clothing, took it to the hotel for the players. Thomas was captain of the Club, and on that particular Sunday he was emergency, but the full team turned up, find ho did not play. There was no question of drinking. Mr and Mrs Kiely usually went motoring on Sundays, and did so on that day. They never left anyone in charge of the bar, which was closed.

Philip Howard Betts said he had been manager of the team all the season. The team had stripped at the hotel for the past two years, to his knowledge. The jerseys and pants belonged to the Club, and were taken to the hotel for distribution to the players. Witness collected them again after the match. That was the sole reason for his presence at the hotel. He did not see Mr and Mrs Kiely, and the bar was not open- while he was in the hotel. The Senior-Sergeant: Are your club rooms upstairs in the Hotel Dominion? —No. We have a bit of a shanty opposite the -Courthouse. What do you use it for? —Just to hold meetings.

A MATTER OF ECONOMY.

Is it not good enough to change in? —We get the hotel free, and we have to pay 5/- per day for the club room. Do you think it. is right and proper to go to the hotel just for the sake O f 5/.? —Yes. We can have hot and cold showers at the hotel," but wo can’t have them at the hall.

Do you mean to say that you have charge of these jerseys?—Yes, the majority of them. _ . What, do you mean, the majority of them? —Some of the players bought their own jerseys. You hand them out? —Yes, and have them washed afterwards. You don’t wash them yourself?— No.

Why can’t you hand out the jerseys at the club room? Why do you go to the hotel?—l think it is the manager’s place to be with Ills team. What about Thomas? What was lie there for? —He is vice-captain, and is also a player. He was there as emergency on that day. Who -was the third man who went with you? —I don’t know. He went with you to the ground?— No, he didn’t. I went in a private car. Yon don’t know the other man? — I didn’t see anyone else there. You have got a club room, and don’t use it on Sunday, but only on week nights?—lf a man is all wet and covered with mud, you cannot expect him to go to the club room! Where do you practice?—At Victoria Park.

Do you get a bath there? —There is a creek there. What about the Cobden creek? —Get 'll there, in front of the women? People bathe in the lagoon there? — When the tide is in, they might be ible to. Mr Hannan: I think that Mr Kiely ’s President of the League Centre? — He is President of the Grey Club. ONE BATH—THIRTEEN MEN. Thomas slated that he was captain of the Grey team. On that particular day, lie was emergency, but did 'not actually play, as the full team turned up. That was the sole purpose of his visit to the hotel.. He had his football togs in his hand •when the Sergeant saw him going out. The Senior-Sergeant: Had you?— Yes, and I took them with me in the car.

Do you go back to the hotel for a bath when you play?—Yes. How many mon are there in the

team?—Thirteen players and two emergencies.

How many bathrooms? —One. Do you all get in together? It must take a long time for all the men to have a bath. The S.M. remarked that all they required would be a shower. There was no suspicion of the men having had liquor, he continued. The sole reason for their presence in the hotel was for the purpose of changing to take part in a football match. Defendants, as manager and captain of the team, had a perfect right to be there. A public house was for the public’s convenience, so long as the law regarding liquor was not broken. The charges would be dismissed. BY-LAW BREACHES. Charged with riding an unlighted cvele after sunset, October 1, Edward R. Curtain was fined 5/-, with costs. On charges of driving motor vehicles not equipped with rear-vision mirrors and reflectors, Thomas Coll, Frederick Edward Round, and Keith A. Girling were each fined 5/- with costs. Joseph Edgar Hibbs was similarly penalised for driving a motor lorry after sunset without a tail-light. RESULT OF COLLISION. One of the results of a collision which occurred on the Paroa Road on the evening of August 11, was a charge against John Hurren, it being alleged that ho failed to keep to the left-hand side of the road. ■»

Bertha Lousich, of Rutherglen, said that she was a passenger in James Hayden’s lorry, which was proceeding to Greymouth. After leaving Paroa, Hurren’s lorry approached in the opposite direction, and crashed into Hayden’s lorry, tearing off one of the wheels. Hurren drove right in the middle of the road, and did not pull off to his left at all. Hayden pulled as far off the road as possible.

Constable Wilton, of Kumara, produced a statement made by Hurren, in which the latter said that the very bright lights of Hayden’s lorry dazgled him. He was travelling slowly when the collision occurred. Ho admitted that he was further over to his right than he should have been, and offered to pay for the damage done. In the meantime, however, Hayden had sent for the Traffic Inspector.. The Senior-Sergeant said that four witnesses had been subpoenaed, but two were unable to attend the Court. He had another witness ready to give evidence.

The S.M. said that the did not require further evidence. He fined Hurren 5/- with witness’s expenses £1 3/8 (two at 11/10 each), and £1 10/Court costs.

“FIREARM” SOLD TO BOY.

The case in which Walter Grey Scott, ironmonger, was charged with selling a firearm (an airgun, price 5/-) to a boy under 1G years of age, was again called, having been adjourned last week for proof of the boy’s age. The boy’s mother produced his birt.li certificate, showing that he is now 14 years of age. The S.M. fined Scott 5/-, with 19/Courts costs and three witnesses’ expenses £1 2/-.

DEFENCE CASES.

For absenting himself from parade on September 12, without leave, James Leslie Guy -was fined 5/-, with costs. John Henry Lynch, -who had two previous convictions, was fined 10/witli costs for a similar offence. Thomas Nelson was charged witji failing to return uniform and other articles issued to him, of the total value of £5 8/7. Sergeant-Major L. R. Shuttleworth, ■who represented the Defence Department, stated that the property had been returned, with the exception of articles valued at 14/4. Defendant -was convicted and ordered to pay 10/- costs; also to pay 14/4, the value of the unreturned property. MAINTENANCE. The Maintenance Officer (Mr D. R. Lloyd) proceeded against James. Cairns, on a charge of disobeying an order made for the payment of £1 10/- per the maintenance of his wife. The Cleric of the Court (Mr L. W. Louisson), who appeared for the Maintenance Officer, produced the records showing that the arrears up to September 10 last totalled £246. So far as witness knew, defendant was a miner at Blackball. He had paid nothing since September, 1925, and although written to on several occasions, had made no reply.

Defendant was sentenced to three months’ imprisonment at Paparua, the warrant to bo suspended so long as he pays £2 per -week in reduction of the arrears, with the first payment on or before October 23.