AFTER HOURS.

Gisborne Times, Volume LXVIII, Issue 10728, 27 October 1928, Page 7

AFTER HOURS.

HOTEL LICENSEE FINED £25.

MAGISTRATE’S DRASTIC COM-

MENT,

■ “The crowd in the hotel scattered in' all directions. Some climbed fences, some in desperation jumped into Fed with their boots ph;9 ’ V

Thus Senr.-Sergt. McLean related the stir -which the police caused by an unexpected visit-‘to the Muriwai, Hotel; at 1.40 o’clock on the morn\itfg of September 7th, in prosecuting the licensee, Wm., Townsley Von Brown, for keeping his, premises open for the sale of liquor and selling liquor after hours, before the Magistrate, Mr E, C. Levvey, in the Police Court yesterday. The raid was made in, consequence of 1 complaints concerning' the conduct of the hotel, added the police officer. Whilst .admitting the breaches, the licensed blamed those who came to the hotel in a taxi. A dance was being held at Muriwai that. night and accordingly the police J watched the premises from . cover for . about an hour, a number qf men. being seen entering and leaving. “The Muriwai hotel, situated as it is near a Maori pa, is particularly hard to run,” declared Mr S. V. Beaufoy, who admitted the offene'es on defendant’s behalf. “The., licensee had to do a. certain amount of aftui hour trading to pay his rent,” continued counsel, who explained that defendant had decided to quit the hotel, realising he was too good-na-tured'and had supplied 1 liquor- when he should have refused, , “What are the owners doing to allow a. man of this sort to run the hotel Y He has been before the Court three ' times,” asked the Magistrate of Mi - Kirk, who appeared for the owner.

“The owners pave done the proper thing this time. The defendant' will be leaving to-morrow,” replied Mr Kirk. ■ !,i .

Mr J. S. Wauehop, acting for the mortgagee, said that whilst his client had been licensee the hotel had been regarded as one of the best conducted in the district. However, lie Jtad been absent from the district tor some time.

The Magistrate: It appears that the people- who indirectly are most concerned are taking the least notice. It is obvious that this man wasi quite unfit to run the hotel. In future the police wil] please report" when temporary transfers are made, whether any prosecutions are pending or not. On the first charge Urn defendant will be fined £ls and costs, and on the second £lO and costs DRINKERS FINED. Tour men caught in the hnu-i. Edward Fitzgerald, Walter Ashdown, Chas. Mason- and Frans Otto Nyman, were charged with being there after hours and aiding and abetting the license'in selling liquor aftei hours. Ashdown admitted he liad done wrong, said the Senr.-Sergt., and had declared: “I was lifted out lieie by a taxi driver under false pretences and now I’m in the; soup." Ashdown bad lately experienced mislortune, having had to undergo treatment in hospital for bis leg. added the police officer. Leniency on account of his disability was shown Him by the Magistrate, who ordered the payment of costs on the first charge and imposed a line'of 20s. and costs on. the second. “Fitzgerald, the taxi-driver, was at the liottom of the matter," said the Senr.-Sergeant, who added that when the police arrived he “boltou for his life” to his car, but was intercepted by Constable Leckie. “Fitzgerald denied being in the hotel, although 1 saw him come out,” added the police officer. He liad left Gisborile at 11 p.m.. picking up Ashdown and another man en route.

Mr'S.-.V. Beaufoy, .for the defendant, said it was very difficult for tax drivers to turn down fares of thi■ kind, and Nyman had not been tor drunk to engage him. , He would no: lip human if he had turned clown v “spot” when it was offered to h:m. Tlie Magistrate : if .ho is. a taxidriver he’d He a fool if ho didn't.

Mr Beaufoy : tie. informs me ho had a “spot” .of lemonade. A fine of £2 and costs'was imposed on the first charge and on the second defendant Avas fined £5 and costs.-

Mason and Nyman were each fined £2 and . costs on■each charge.

“ATTEMPT TO MISLEAD COURT”

ItOSELAND HOTEL - INCIDENT

LICENSEE’S WIFE FINED £lO

“It is a long time since there has been any real attempt, as in this case, to mislead the Court. Generally, and wisely, licensees realise the wisest thing is to tell the -truth. I’m satisfied there’s not a worn of truth in the story of either the woman or the men.” In these strong terms the Magistiate, Mr E. C. Levvey, in the Police Court yesterday, referred to the story-told by Mrs Carmody, wife of the' licensee of the Roseland Hotel, Makaraka, who was charged with supplying liquor after hours on the morning of September 7. John ’ Carmody, the licensee, was also accused of selling liquor after hours and keeping premises open for the sale of liquor after hours on the same date, but the hearing of the charges against him were adjojurned for a week. • ■'<

Meantime, the Magistrate-has called upon ,the owners to .show cause why the license should not be endorsed, pointing out that the Court would want some reason why this state of affairs had. been allowed to continue.

Passing the hotel,, said Senr-Sergt. McLean, in evidence, he went up to a window and heard a number of men talking to a woman inside the bar, and heard the clink of glasses. Together with other policemen . lie went to the .hack, door and knocked. Three men were crossing the backyard, and one called out “Go for your life, .-, here's the police.” When they entered the hotel . Mrs. Carmody persisted in telling them that she had served no one and no one was on the premises. The door had been opened about a minute after they, knocked, by Mrs Carmody, who was in her night attire and a dressing gown, stated the Senr.-Sergeant, under cross-ex-amination by Mr Beaufoy. She then declared that she had come downstairs for a . drink herself. He had heard the conversation, of the men and woman in the bar . quite distinctly frpm outside the window and when they entered the v found four glasses on the counter. Corroborative evidence was given by Sergt. Mclntyre. Constable Heas-' lop and Constable Leckie. who , declared that the men lie . caught showed signs ■of having,had liquor. They declared they had just returned from Rotorua and were looking for a bed. For the defence, Mr Beaufoy said he thought the senior-sergeant . in coming, back from Muriwai must have, had'la,: horrible- nightmare be-, cause he did not and could Hot ha ve heard any voices in the bar. Mrs Carmody declared she. was awakened, by knocking at the door, and on .opening it and seeing men she did not recognise slammed the door m their faces. She had a drink of soda water in the fciar. and whilst there again heard, knocking, and opened the door to admit the police. She then informed the police that she Hr,cl. not- served any men-with liquor, and that) shetcliad -.informed- the men if they , wanted ; accommodation she

Would book them in..-The glasses seen by the senior-Shrgeaiit had been on the bar counter since the' day before.' Mr ;.Camody had invited ‘Pat Heeney on several occasions to come out t'o the hotel. There was no' delay in opening .the-door, and had’ she served the men with liquor she woulcl not have left the glasses on the counter.

Herbert William Hawkins stated that on, the evening of the 6th he and his companions were at an evening, and as Heeney’s bed was occupied by Some guests they went out to the Makaraka Hotel to stay the night. Pat Heeney and Sheridan went to. the back door to book accommodation. ■ When he heard, the back door , slam he saw them coming away from the door; Witness at no time entered the premises, aiid as he had not had a drink at the evening it was not likely that he would have gone to Makaraka for a drink at that hour.

To the senior-sergeant, witness said Sheridan and Heeney had had a few drinks in the evening, and were “silly” and rather talkative., John Francis Sheridan gave corroboratiyo evidence for the ' defence, stating that he had gone- out with Pat Heeney to get a bed. They had drinks during the evening, and there was no need for them to have go no put to the Makaraka Hotel for liquor. After they had knocked at the door for some time Mrs Carmody opened it and then dammed it in their faces, and it was when they were walking away that tile , polico arrived. He and Heeney • spent the night in the hotel. . " < The senior-sergeant said the hotel generally was not wen -conducted, possibly due to the ill-health oi the licensee. The Magistrate imposed the maximum. fine ol £lO and costs. Herbert William- Hawkins.- - John Francis Sheridan, and Patrick i.lecpey were charged with being in the iioseland Hotel after hours and with aiding and abettinir the licensee. Mr 'J. R. Kirk pleaded not guilty. ■The case against Heenev. was adjourned for a month, and after liearina- Mr Kirk, the magistrate said he was satisfied Sheridan and. Hawkins had been on the .nreh’iises and imposed lines of £2 and costs on each charge on each detenilant. For, being on the premises of tin; Royal'Hotel after , hours Jas, Malone was' fined 10s and costs.