RAPAHOE HOTEL.

Grey River Argus, 10 January 1928, Page 7

RAPAHOE HOTEL.

1 After Hours Charges. DISMISSED BY MAGISTRATE. John Harwell, licensee of the Ferry Hotel, Rapahoe, was yesterday charged, at the Magistrate’s Court, that on the evening of December 7th last he did open his premises for the sale of liquor during hours at which they were by law required to be closed; did sell liquor, and did expose liquor for sale during such hours. The charges arose out of a visit which Constable Houston, of Dunollic, paid to the hotel on the evening in question, when he found there John Bourke, Athol Poole, .George Topp, William Cust, John Sweeney and John Joseph McGrath, all of whom were charged with being found on licensed premises at an illegal hour. Air W. P. McCarthy, who appeared for the several defendants, pleaded not guilty. Senior Sergeant C. F. Roach, who prosecuted, said that Constable Houston visited the hotel at 9.40 p.m. on December 7th. Constable Houston said that when he entered by tho front door, which was open, he was given the excuse that the men were there to discuss the getting of logs for the sports to be held three days later on the Saturday. The slide in the main passage and that in the bar parlour were both open. McGrath and Poole sat at a table in the parlour, the former with a long glass and the other with a small glass of beer or “shandy” in front of him, while a boarder, named Low, was present and pulled the slide down. Low said he was not in charge. The two others disclaimed the drinks, and i said they were in the hotel to discuss getting the logs for the sports. The . licensee, who, with the four other ' men, was in the front parlour, said a meeting was being held to arrange for logs for the chops. He said McGrath had asked and been given a beer without payment, likewise Poole. Topp said he was secretary of the sports club, and produced a letter received at 7.30 that evening from Air Heslin stated logs for the chops could not be supplied as promised. Topp said the meeting was to arrange for blocks from somewhere else, and that Darwell had been called in from the bar to see if he could give any help in the matter. The four men in the front parlour said they had had no liquor. There were some dirty glasses on the parlour slide. The liquor on the bar shelves was visible through the slide.

To Mr McCarthy: On the following Saturday a chopping match was held by the Seven Mile Sports Club on the field alongside the hotel, the club being a registered one, and Topp being secretary. Darwell took a keen interest in the club. They had two days in which to find logs, and had been In the bush to find them. Mr AfcCarthy said the Seven Mile Sports Club, when advised by Mr lleslin that the State Aline Mill could not supply logs, as first arranged, and there being not much bush nearby. Topp consulted Darwell as to securing a supply. Darwell suggested that the Committee look through the bush. It was necessary to arrange for two to cut the logs and for two to snig them. AlcGrath and Poole were to snig, and Cust and Bourke to cut them. They had examined the bush and found suitable trees, and Dowell then suggested that they meet at the hotel, as it was the only place at Rapahoe where they could meet. The contracts were then made for the cutting and snigging of the logs.

John Darwell said that about 7.30 p.m. on December 7th Topp was advised tho State Aline Alill could not get the fifty logs ordered, owing to wet weather, but they had to get the logs, so as not to disappoint the fifty choppers who had accepted. Topp’s house was not available for a meeting. Topp and Sweeney decided to go into the hush and get logs, and going to Noble’s bush, arranged with the owners for the logs at 30s. About 9.45 they arrived at the hotel. Witness had assisted the club, and they used his car to fetch the men to Bourke and Cust went into tho parlour to discuss the cutting, as AlcGrath and Poole had given a price to snig them. Poole and McGrath had asked for a drink, as they were dry from being in the bush. AVitness, when he went into the parlour, did not put down the slides, this being an oversight. lie told the constable that had he come five minutes later all the men would have been caught with drinks. Witness thought the men deserved a drink after being in the bush. Their only object was to discuss the logs, and they were brought there through witness. To the Senior Sergt: The glasses on the slide were for two boarders. AlcGrath and Poole had asked for a drink. The Senior Sergt: If you had asked, it would have been quite different. Witness: They did not give me time. Why were not they all in one room? —There were two separate jobs—snigging and cutting. George Topp 4 railway employee, Rapahoe, and secretary of the sports club, said that when he discussed Heslin’s letter with Darwell, the latter suggested getting Sweeney, and they* also got Cust. AlcGrath and Poole, and went through the bush behind the hotel, finding no timber suitable. Noble gave them permission to cut logs in his bush. They saw Cust and Bourke as to a price, and went into the parlour to consider the contract. McGrath and Poole left while their price was being discussed. It was the custom to hold the club meetings at the hotel. The contract produced was signed there that night. Their only purpose was to fix the contracts, and they had no drink. To the Senior Sergeant: He did not notice if the slide was open. The club meetings were usually held on Saturday afternoons. There was no other public place. He knew of no meetings being held after hours there. Mr AfcCarthy said the men were there for a lawful purpose, and wtere not there for any unlawful purpose. The Senior Sergeant said that whe.*

two of the men asked for liquor they became unlawfully on the premises.

The Magistrate said the case turned on the question of what purpose the men had for being in the hotel. The licensee’s evidence, the approach of the sports meeting, and the sudden need to find 50 logs owing to the State Mine Mill being unable to supply them, showed the committee were at their wits- end to meet the need. The committee, after a search in the bush, at the licensee’s invitation, entered the hotel to make the arrangementsThe licensee was perfectly within his rights to invite them in, and they were quite right to accept the invitation, for the purpose of arranging the contracts. The principle turned on what people went in for. There was no doubt in this instance it was to complete the arrangements for the sports. The men there as contractors to snig asked the licensee if he ■would give them a drink, and he made them a gift of one. This was borne out by what they told the constable. It was right and proper for the licensee to give a drink to them. He cited a case showing it was a breach to enter a hotel after hours with a lodger to obtain a drink. There was no other place or room at Rapahoe for a club’s meeting, and the members were there within their rights. The cases would all be dismissed.