LICENSING BREACH

Gisborne Times, Volume LXIII, Issue 10096, 8 September 1925, Page 3

LICENSING BREACH

SUPPLYING LIQUOR AFTER

HOURS

HOTEL EMPLOYEE. FINED £lO

“It was a deliberate evasion of the law,” observed Mr. E. C. Levvey, S.AL, in imposing a fine oh Alex John Alcßae, an employee of the Coronation Hotel, for a breach of the Liccnr sing Act. The case was heard id the Police Court' yesterday, the police alleging that Alcßae had, on a recent Sunday, supplied a man, George McKinley, with two bottles of .beer-and a bottle of whisky. . Sonior-Sergt. Fitzpatrick prosecuted and Air. J. R. Kirk represented the defendant. Evidence was given by George AlcKinloy to the effect that lie went to the hack door of the hotel and asked for liquor, and Mcßae had given him the three bottles, two of beer and one of whisky. He paid 18s for liquor, which was placed in a hag ho was carrying, and he left by' the front door, where he was met by the police.

Unddr cross-examination by Air. Kirk, witness said that he went to the back door of the hotel, on account of there being too many people at the front door. He had no difficulty insecuring the liquor, hut had to wait about ten minutes before lie was served. He had been prohibited in Buffer, but did not understand tlia.t the order applied to Gisborne. Constable McKenzie stated that he accosted McKinley after leaving the Coronation Hotel premises, and found the liquor in his possession. He returned to the hotel to question McRae on supplying the liquor, hut found that he had left a few minutes earlier. For the defence Mr. Kirk contended that the Court was asked to convict Alcßae on the evidence ox one man, who told a remarkable story, and who throughout had created the impression that he was not frank. Counsel pointed out that Alcßae led the hotel about 6.45 p.m. for a walk, as was his usual custom, and returned to the premises about 8 o clock. It was remarkable that “Green Stripe” whisky, which it was alleged' Alcßae had supplied, was not stocked at the Coronation Hotel, and therefore it would be shown that Alcßae could not have been at the hotel to supply the liquor, or that it could have been* supplied' from the Coronation Hotel. Alexander John Alcßae. the defendant. stated that he had been barman at the hotel for five years, and he had never been before the Court previously. Shortly after tea that Sunday night ho left the hotel and walked round the wharf to AVaika.nae Beach, ard returned to the hotel shortly before 8 o’clock. He could not recall ever seeing McKinley previously nor did lie serve him with liquor on this occasion. He could not have served the whisky at the Hotel, as the present proprietor hacl never bought any “Green Stripe.” Under cross-examination bv the Senior-Sergt., the witness sa'd that lie had been four or five years in the emv plovmcnt of Air. Clements and acted a,s barman. During that time no “Green Stripe” whisky had ever been bought for the hotel, and he . had never hoard anyone inquire for it. The Alagistrate Do you say that seriously? You never heard anyone ask for “Green. Stripe” whisky?—No. Now, It want yon to he careful. Aon seriously say that you have never heard anyone a.sk for “Green Stripe? ' -—Yes, not in this district.

The Senior-Sergt. ; I put it to vou that the “Green Stripe” has been taken out of the collar and out of the bar?—There-was none there to remove. Q AYliat time did you leave the bar. About 7 o’clock. AYhere did you go then?: —i?or a walk round the wharf and along the beach hack to the hotel, arriving there about 8 o’clock. AY here then ?—To my room to put niv coat on. AYhere were you when the constable called? —I didn’t see any constable, and the girl in the office told me that a policeman was inquiring for me. The constable was there looking tor you up till nearly 9 o’clock?—l didn’t sec him. Air. Clements was off the premises that night?—l don’t know. A'ou have a set of keys for the bar.' Frederick John Honey, farmer, of Otoko, stated that, on Sunday, August 16, he was staying at the Coronation Hotel, and, about C 45, AlcRae left the hotel, but lie did not see Alcßae return or on the premises later. Subsequently, the constable inquired of witness and another man ithey had seen Alcßae, this oemg about an hour after Alcßae had left. The Senior-Sergt.: Did, the constable not ask you whether you had seen-Mcßae, and you replied : “lie y,->s here a few minutes ago Ao. Are you sure? —Yes, certain. Did you go'up to look in Alcßae s room?—No. „ . T I want you to be car end., bcccu.-v. i intend to rebut your evidence ov pitting the constable in > the box. Du.n >• you go up to Alcßae s i'oem 3 - uno. Did you see anyone go out oi <-hc liotel with a handbag?—No. The Alagistrate: L want Mcßae back in the box. “On the Sunday evening you went down the beach for a walk how, were l you dressed? —Just ordinarily. i‘ it was unusually wild weat.ier at I the time?—lt was raining. You spent some time on the beam ■ —A T es, about ten minutes. Where wore you ?—Leaning over the railing of the promenade. Did you have an overcoat on?— Ao. Annie Kinloclc, a member m cue ■Coronation Hotel staff, said that she was in the office between / . and 8 o'clock on tlio Sunday evening, and she did not see Mcßae on the premises, but just before 8 o’clock a constable inquired for linn, and she went up to see if Alcßae was in his room, hut he was not there. Donald Clements, licensee of the Coronation Hotel, said that he never remembered seeing Al©-\'nley " the premises on any occasion. Mo!>ae had been cmnloyed by him for-one past four or five years and oe p' ul found him trustworthy and rein.ole. Witness had never bought a hottm ■’ “Green Stripe” whisky since'lie had been in the hotel. The Senior-Sergt.: McKinlev has sworn that he got those tnree pottles from your bote 1 ? —As far as the whisky is’ concerned, I have not bought any of that brand since I have been there, for 24 Years. So the. whiskv could not have come from your hotel?—No: of course wo have plenty of “Gold Top.” 4 The Senior-Sergt..: You remember a prosecution some tune ago when AlcRae served a number of men in ;t pi lva.tc room, but this- was dismissed because Alcßae was not acting within his authority?—Yes, but Alcßae nas giving a drink to a boarder who invited some friends in. . Wasn’t .it. ft strong, point m your lira-union t that if the whisky is “Green Stripe” that it could not have come from the Coronation Hotel. 1 When I asked Scrgt. Dempse.v the brand, and lie so id ‘‘Careen Stripe, I said Ii did not stock it-Perha-os I know as much about the tricks of the licensing trade as you do. Do vou deny you have emptied the cellar of all the “Green Stripe in the meantime-?—There: .was' none there. • rt The Magi« fr jufepkaidhnt-JRmlcy e-u've hiF' Tvid^nce;' very..straight dor-: wardly rand hfuF not Lech' discredited at all by the cross-examination, flic dofcnccsi'ested' or. a remarkable stm'v, and relied on two points., First, lie observed that both the witnesses were i careful to say not thtft there was no '.'“Green Stripe” whisky there, but

that they had not procured it. dne story of the defendant standing by itself might have been considered, but for that fact that Mcßae had been contradicted, particularly by Honey, who, although standing at the door, did not see Mcßae return to the premises. “1 find that the liquor was supplied by the defendant, and that the liquor was supplied from the Coronation Hotel. It was a deliberate evasion of the law and you will be fined £lO and costs £1 75,” concluded the Bench.