CASE DISMISSED

Hauraki Plains Gazette, Volume 55, Issue 32673, 6 February 1946, Page 5

CASE DISMISSED

LIQUOR NEAR DANCE CASE HEARD IN PAEROA DECISION OF THE JUSTICES Stating that there was not sufficient evidence to prove that the men had been attending a dance, a charge of being in possession of liquor in the vicinity of a dance-hall against William McKain, Silas Samuel Locke, George William Neil and Edward Charles Short was dismissed by J’s.P. Messrs T. Gregson and B. Gwilliam Snr., when the case came before them in the Paeroa Court on Monday. McKain did not appear but the three others pleaded not guilty. Constable J. L. Brown said that McKain had called on him and advised that he could not get away from work but also wished to defend the charge.

'Outlining the police case, Constable Brown said that on the evening of December 15, together with Constable Bagge, he had been on duty in Paeroa. While passing down the main street they had heard a commotion which seemed to come from the rear of Marriott’s shop. Laughter and singing out could be heard so they decided 1 to investigate. As they came near the vacant section at the real' of 'the shop they met the four men charged coming out of a lane between the building and a motor garage. McKain was seen to have a bottle of beer in' his hand- and tliq men were filing out one behind the other as the track was too narrow for them to walk otherwise. When McKain saw the police he stepped back and put the bottle down.

Continuing, Constable Brown said he then questioned the men and McKain said they had been to the dance at the Civic Hall and had! become hungry and gone round to the back of the fish shop in an endeavour to get a meal. Each of the other men when asked agreed that this statement was correct. 'Constable Brown said that he then asked why they were consuming liquor and all of them had replied that they had not taken liquor. He 'had pointed out to them that their breath s-njelt! of freshlyconsumed 1 liquor but the men had replied that they had only had liquor that afternoon while down at Thames. As the police left them they heard the men say they would not go back to the dance at the Civic but would look in at the Caledonians. Constable Brown said that he then picked up the bottle of beer which they had seen McKain drop and McKain had stated that the beer was not theirs. Short, speaking to Constable Brown denied that any of them had said that they had been to the dance. Constable V. L. Bagge said that on the night in question he had been with Constable Brown on duty in Paeroa When at about 11 p.m. they had heard noise from 1 the vacant section behind Marriott’s store. He then confirmed evidence given by Constable Brown stating that when the men. were met by the police their breath smelt of liquor. He also confirmed that' one of the men had stated that the four of them had been to the dance and that each man when asked if this was correct had agreed that it was.

Locke, in evidence, stated that he had been at the billiard room until it closed at 11 p.m. On coming out of the billiard room they had found the fish shop closed and had gone round the back to try and get a meal but had had no success. While coming back to' the road they had been met by the police. He had not been to the dance. Questioned by the police Locke said he did not remember 'Constable Brown asking him if what McKain said about the dance was correct. He admitted that he had told the police that he had not had liquor and agreed that this was not correct. Constable Brown asked Locke whether it was not true that some young men in Paeroa attended the dance and then went ovex* to the billiard saloon for a game, later going back to the dance. Locke agreed that some did this. Neil in his evidence said that he had been playing snooker till 11 p.m. and' then with the others had gone round the back of the fish shop for a meal. The dog there had barked and made much of the noise heard by the police. They had decided while at the back of the buildings to i have a drink and it was on their way back to the street that they met the police. After he had left the police he had gone home. Continuing, Neil said that as he was slightly deaf he had not heard what McKain had said to the* police. He denied being at the dance but admitted he had had liquor. 'Short in his evidence said he had been down in Thames on the day in question and after tea had been at the

billiard saloon until 11 p.m. The fish shop was closed when he came out but there was a light at the back so with the others he had gone round in an endeavour to get a meal, but they had not been able to make anybody hear. They had then decided 1 to drink a bottle of beer they had with them.' The noise they made had 1 occurred when in the dark, one of the others fell over and he following behind had fallen on top of him. Questioned by the police he admitted that he had denied that they had had liquor with them but denied that he had ever admitted attending the dance, He had not heard McKain say that they had been to the dance. ‘ After an exchange of words between Constable Brown and Short regarding conversation which took place when the summons was delivered Mr Gregson said that the case would be dismissed as there was not sufficient evidence to prove that the men had been attending the dance. FINES IMPOSED LIQUOR NEAR DANCE HALL Charged with being in possession of liquor in Paeroa while a dance was being held, three men, David Thomson Bruce, William Wyboume Sharp, and Richard David McNaughton Tribe were each fined* £2 10s with costs 10s by Messrs T. Gregson and B. Gfwilliam, Snr., J’slP., in the Paeroa Court on Monday. All pleaded guilty by letter. Constable J. L. Brown stated that on November 24, while a dance was being held in (Paeroa the accused came over from Hamilton and Morrinsville and were seen consuming beer by the police. A fine of £1 with costs 10s, was imposed on Percy Gibson Knight <m a charge of being in control off beer in the vicinity of a hall in Paeroa while a dance was in progress. Constable J. L. Brown stated that on the evening of September 29, Constables Bagge and Kerr bad been on duty near the Civic Hall while a danee was in progress. They had seen Knight with beer. Knight had only just returned from overseas. .