LICENSING CASE

Grey River Argus, 25 August 1917, Page 3

LICENSING CASE

CHARGES AGAINST HOTEL

KEEPER,

(From Our Special Correspondent)

HOKITIKA, August 24,

In the Magistrate's Court to-day William McLean, licensee of the Lake Mahania^ua Hotel, was charged with: (i) permitting drunkenness on licensed premises [2) allowing liquor to be supplied to a person already intoxicated ; (3) allowing liquor to be supplied to a person under the age of 2 1 years ; (4) allowing a person under 21 A-ears of age to serve in the bar of licensed premises. The wife and daughter of the! licensee were also charged with supplying liquor to a person intoxicated and under 21 years of age.

Mr. J. A. Murdoch appeared for all the defendants and Sergt. Folley prosecuted. All the charges were heard together..

Leslie Stanley Green, sawmill hand, Ruatapu, said that he was 20 years of aj?Q'. He went to the Mahitfapua Hotel on August 4th at about 2 p.m. and stayed till the train left about, 4.30 p.m. He had arranged with the licensee a week 'before to stay at the hotel. He went to the bar with a man named Rochfort Mrs McLean was in the bar. Witness called for. and was served with, a long shandy. The girl McLean was in the bar for a few minutes during the afternoon. She sei-ved witness with two drinks. A man named Smith was also in the bar. Witness estimated that he spent seven or eight shillings while at the hotel that day. There was no "shouting." All the drinks he had were long shandies, except a whisky to wind up with. Witness spent 6s 6d in long shandies which represented 13 long shandies.

His Worship : You must have marvellous powers of absorption. Continuing, witness said that he did not feel "too good" when he left the hotel. Witness purchased two bottles of shandy which he took on the train with him. . He then came on to Hokitika and was arrested and locked up for drunkenness. The bottles of shandy were drunk on the train. On the journey to Hokitika the guard of the train said that he would put witness off if he did not behave himself. Witness was only trying to sing. Witness had stayed at the hotel up to last Monday. He had never been asked his age. . .

Cross-examined by Mr Murdoch, witness said that he gave the information to the police on the Monday after he was arrested. He was not a police pimp and there was no bargain that the police would not press the charge of obscene language if he gave the information. He had arranged with Mr. McLean on July 28th to go and board at his hotel. He could not remember defendant asking him his age, but would not swear he did not do so. He had told the police when he was arrested that he was 22- years of age. Witness had no drink at the hotel after August 4th. When he left to catch the train on August 4th he ran to the station. Hie could not have run like he did had he been drunk. He knew that if some persons took beer arid then whisky it would not affect them, but if they took more beer on top of it "up they went."' Sergt. Folley: You mean down they go. . „ - . , I His " Worship : Are we going 1 to | have any expert evidence on this point? ■ • Mi. Murdoch: I can* make the statement of my own knowledge. His Worship: I know you can make the statement but. can. you prove it? What you simply say is that if whisky is sandwiched between beer it is bad for you. Witness, continuing said that he thought it was. drinking the shandy on the train that upset him. He knew the gill McLean and would: judge her to be 14 or 15 years of age. •• : ■ ■ Thomas. J. Smith, sawmill hand, Ruatapu was at Mahinapua Hotel on August 4th and saw Green there. Witness was in the bar several tunes and saw a young girl serving in the bar who, he thought, was about 14 years of age. She served witness with a drink and also served someone else. Green was at the hotel about two hours. He seemed spbe* when walking over to the , train, but was drunk on the journey to • Hokitika. The bottles of shandy- Green had were consumed on the train. He thought Green drank one bottle himself. The guard told Green he would put him off the train if he did not behave himself. To Mr. Murdoch : Green did not appear to be drunk when he was at the hotel. William 'George . Stent, railway guard, said that he was in charge of the 7 train. He had occasion to speak tOiGreen for singing in : a rowdy --voice. . This closed the case for the . prosecution. ' For the defence. Mr. Murdoch called Annie McLean who had said that she was the wife of .defendant, William McLean. She remembered Green coming to the hotel on August, 4th. That was the first or second time, witness had seen him. •■ She knew he was coming there to board a s her husband had told her so. She showed Green a room and he put his lug-g-ajje in it. Green stayed' for afortnight and left last Monday. Witness's daughter did not serve in the liar that day. Green was sober whe» he came on August 4th and sober when he left. Mr. McLean ..had told witness that Green had- said he was over 21 years of age. In reply to Sergt. Folley, witness said she never left the bar all the afternoon. Heir daughter had not served any drink. Lavinia McLean, daughter of the, licensee, said she was 14 years of age. She did not serve any drinks in the bar on August 4th, but had previously served boarders. She had discussed . the -case with her father who told her to tell the truth, William McLean said that he was at work all day on August 4th and could add notbiqg to the evidence given by his wife and daughter. Green had been coming to .the hotel for about 3 weeks prior to August* 4th. but only in the evenings. Green had told him that he was over ai years of age. Witness was enginedriver at a sawmill. He left home at 7 a.m. and returned ;at 5 p.m. Witness had told his wife that Green was over age. ,;-.;, . . • Another witness said that he had heard Green tell the - licensee that ac was of age. ;;-.- Edward Rochford,' sawmill hand Ruatapu, 'said that on August ,/4tli.i he and Green walked from Ruatapu to . Mahinapua. Green had a swag which he. put in a bedroom of the hotel. He was in (green's company sill that afternoon until he went away in the train.. Witness was in ,tne bar all the afternoon and ahsoluteW swore that the girl McLean was not in the bar , no* did she serve any drinks. In reply to Sergeant. . Fplley, witness 'said that he saw : Smith' on th>. verandah. They had several drink* He heard Green say that he drank two long shandies in three minutes.

Witness could not. beat that. He accounted for green's drunken condition on the train to the fact that be drank nearly a medium . glass of whisky before running.- for the. train* Robert Simpson, . bushman, Ruatepu corrpbated the evidence of the last two witnesses that the girl did not serve in the bar.

Mr. Murdoch applied to be allowed to recall Mrs McLean, but leave was refused.

His Worship said that these were serious charges and he would take time to review the evidence. De.ision was reserved.