POLICE VISIT HOTEL.

Hawera Star, Volume XLVII, 28 July 1928, Page 6

POLICE VISIT HOTEL.

SEQUEL HEARD IN COURT,

MAGISTRATE RESERVES DECISION ON INTERESTING ROINir.

A' case presenting somewhat unusual features and involving a definition of what constituted a guest was heard at the Magistrate’s Court at Manaia yesteixlay, When V. Hudson, L. Crofsky, J. Kelly, and A. Rooney were charged with being illegally on licensed premises to wit the Oeo Hotel, while; the licensee. E. Wooldridge was charged with allowing liquor to be unlawfully consumed on licensed premises and allowing licensed premises to he open during prohibited hours. The cases were heard by Mr R. W. Tate, S.M. Mr P. O’Dea appeared for all the deendants, who all pleaded not guilty. After a lengthy hearing his Worship reserved his decision. CASE FOR THE POLICE.

Sergeant Henry said the charges against the licensee 1 were laid under Section 190 of the Licensing Act. He said that Constables Scanned and CVouston visited tiie Oeo Hotel about 9 p.m. on June 27 finding it in darkness; but at 9.45 p.m. two cars pulled up and several men' entered the house. Scanned went to the backdoor and Clouston to the front and were both admitted, when they found the four young men in a sitting room. He asked Wooldrige if liquor had been .supplied and he replied- in the negative. He noticed four glasses on a counter and after repeating the question twice, the licensee replied to him “What is the use of denying it?” lie added that the young men had come back with him from Pihama where they had been at a dance. After some further conversation Wooldridge also said that he could not carry on if he stuck to day Hade only. Oonstable Scannell gave evidence on the lines as outlined by the sergeant, saying that he and Constable Clouston had visited the hotel, waiting around from nine o'clock to about 9.45 p.m. When they were admitted they heard the noises of glasses in the bar and then of men walking to a back room. The licensee had opened to them immediately and they asked the men how long they had been on the premises and they said about half an hour. After the licensee had acknowledged supplying, ho said in reply to another question that the men had asked him at the dance if they came, could they get a “spot.” He said he had given them a “spot” and they were going back, taking no liquor with them. Wooldridge likewise said to Constable Clouston that the latter was persecuting him When a man was trying to make an honest living and this was impossible if he depended on day trade. ’ To Mr O’Dea, witness said the licensee was there and said one of the men was a relative of the licensee and came to spend the evening and have a game of cards. _ . To the sergeant, witness said it was not till the licensee mentioned that one was a relative that Mrs Wooldridge spoke about the game of'cards. To Mr O’Dea ■witness said that they did not 'attempt to stop the men going

in because tJi«y <clicl not a. oha-noe. He did not say to the licensee “We’ve got you now.”' Witness said his memory was all right and ho could swear he heard the sound of glasses and that the men came froui, the bar into the sitting room. Constable Clouston corroborated the evidence given by the previous witness, describing his entry by the front, where he was admitted by the licensee, with whom was Constable Scannell. He saw lights in the bar or the next room, and heard a sound as of a slide being put down or a door closed. He went to the sitting-room and found five men and the licensee’s wife, four being the men charged, and the fifth a boarder. He asked each man for a reason for his being there. Looney said he was a nephew of the licensee, and had been asked by him to come down for a game of cards with friends. The others said they came at Looney’s invitation. Constable Clouston said Mr. Wooldridge admitted serving these men, and asserted that he could not “make salt” in the place without after-hour trading. He also said another case would put him out penniless, as everything was sunk in the place. He accused the constable of harassing him, but the latter said that was ridiculous, and if anyone was to blame it was himself and he should run the place properly. He asked the licensee if the men had paid, ■land the reply was in the negative. They then left the hotel. To Sergeant Henry witness said Wooldridge had intimated he had been at the dance, having taken the girls uul left them there.

CASE FOR THE DEFENCE. Defendant Wooldridge said he had on the night in question gone to the dance at Filiama, and his wife .asked him to bring one or two friends down to have a game of cards. His nephew was at the dance, and at his suggestion the latter asked the men to the hotel, and when they arrived he gave them a drink, not charging for anything. He heard the knock, and admitted the two constables as related. At Scannell’s request he opened the bar. The drinks were served in the room at the side. He could not remember saying “No, not as yet,” but u lie bad done so it would be a slip of the tongue. There were five men and his wife in the room. He said he was upset because he seemed to be watched, and was accused by the constables of doing a lot of after-hour trade. He produced his books to show that the hotel was not paying.

To Sergeant Henry, defendant admitted that sort of trading would he recorded, showing the amount of money received after hours on a certain occasion, “I endeavour not to do it, but in case of sickness cannot wait on doctors’ orders.” He said he did not say what was stated by the constables about the hotel not paying without after-hour trade. There was no light in the bar after he had supplied the men with drink. They were served in the private room. Hodgson refused to have a drink because he had not been well. Constable Scannel had asked him about liquor only once, and this was after he came into the bar. This constable was anything but pleasant. He

said tiic constable was wrong in stat-, ing that witness had said, •AYhat is the use of denying that I have served liquor?” and also that lie had said the house would not pay without after-hour trade. He also said he did not go back at once to the dance, having come down be spend an hour or two at the hotel. He insisted that lie had invited the men himself to come for a game of cards. The. men would be supplied with drinks almost as soon as they came in. He had supplied four drinks, having one himself. A. Looney, sharemilker from Opunake, said that on the night in question he was asked to come down and bring some friends. He remembered the police entering and asking how long they had been there. Then they asked tlieir names and the reason for their coming, when he replied that it was at Mr. Wooldridge’s invitation.

To Sergeant Henry: He "gave an invitation to his friends from Mr. Wooldridge. G. Kelly, a sliaieinllker, said lie was invited through Mr. Looney by Mr. Wooldridge to come down. The driver of the car was the only one who had no drink. No money was paid to his knowledge. To Sergeant Henry: The invitation came first from Mr. Wooldridge. He left for the dance again at about 12 o’clock, having had a game of cards. They did not go to the hotel with the express jmrpose of having a drink. Mr. Wooldridge left the hotel for the dance at about 1.30 a. m.

V. Hodgson, sharemilker, Opunake, said he was invited to the hotel and had no drink at all. No money passed for the drinks. He heard no conversation with the police. L. Crofsky said they had one drink at the expense of the licensee in the private room. He had been invited down by Mr Looney. In his address on the law affecting the case Mr. O’Dea. urged that the licensee had not committed any offence in inviting guests to go to the hotel to play cards, one of the guests being a relative, nor in making them a gift of a drink. If the drinks had been sold, payment would have been made then and there. Counsel submitted that the four men were Wooldridge’s guests, and that no offence had been committed. Sergeant Henry referred to the evidence of the constable _ that the licensee had' said on the third occasion when asked “What is the use of deriving?” and he had also said he would give them a spot if they came to the hotel. The two constables had given straightforward evidence. He contended that the licensee had come from the dance and intended' to go straight back, and it- was an afterthought to say Mrs. Wooldridge wanted these friends to come to play cards. The Magistrate ' reserved his decision.