POLICE COURT.

Northern Advocate, 9 April 1887, Page 3

POLICE COURT.

Fbidat, April Ist, JBB7. (Before Messrs Bell, Bedlington, and J. I. Wilson, J.P's. ALLEGED GBOO SELLING AT WAIPU. POLICE VS. H. N. BQISON. Hector N. Simson was charged, on the information of Constable Gordon, with selling, or exposing for sale, on the racecourse, at Waipu, liquor, without being duly licensed to sell or expose for sale such liquor. Constable Gordon prosecuted. Mr Thos. H. Steadman appeared for the defendant. Solicitor admitted service of summons. Mr Steadman requested that all witnesses in the case be ordered out of Court. Order granted. Mr Steadman objected to the information, on the first ground that the information only

states the liquor, whereas it might be pure water. The other objection was, that it discloses two offences. t Defendant pleaded "Not Guilty." Constable Gordon opened the case by stating that, in the Waipu Licensing District, there are no licensed houses. The Bench would not allow a temporary license for the race meeting. He wpuld prove that Mr Simson or servants sold liquor on the course on race-day. Neil Hugh Campbell deposed:" I live at Waipu. lam Secretary of the Waipu Racing Club. The club last held races on the 23rd of March, at Waipu. I was present. There were two booths on the course. The privileges were sold by the club ; Mr Simson was the purchaser. The purchaser bought the right only to sell cordials and eatables. These booths were situated near the gi and stand; one inside the grand stand. He paid £9 5/ for the two booths. The selling was carried on under the direction of Mr Simson as far as I know. I received no notice from Mr Simson that he had disposed of bis rights. Cross-examined by Mr Steadman. Ido not think there was any writing. Tenders were called by written notices posted, asking for tenders. Mr Simson sent in a written tender. [Mr Steadmun submitted that the writing would be the evidence, therefore the other was useless.] There was nothing specified about what was to be sold in the notice. Edibles and cordials were not specified. lam not aware that the stewards asked for special refreshments. I was present at the meeting when the tender was accepted, but do not remember hearing the stewards asking for special refreshments for themselves. They may have done so. Mr Simson did not seem anxious to have the booths at all. I do not remember saying anything about the police at the meeting. I didn't near the committee state that they wouldn't have them there. Re-examined, [produced the original tender of Mr Simson' sj. This is Mr Simsou's writing. No. lis the grand stand booth ; No. 2is the booth outside. I am not aware that a wire was sent to Superintendant Thompson, asking that a constable should be present. Alexander McKenzie deposed. I live at Otonga. I recollect the 23rd of March. I was at Waipu on that day. I was on the racecourse. I know the grand stand. There is a booth underneath it. I was in that booth on that day. I had two drinks on that day. I called for " shandy-gaff " the first time, and I think I got it. I have often had " shandygaff ' ' before. I couldn't swear it was " shandygaff" I got. I always take "shandy-gaff" with a little beer in it. I know the difference between lemonade and "shandy-gaff." I was not supplied wholly with lemonade, there was something else in it. I do not know if there was any beer in it or not. I was supplied with ginger beer the next time. I didn't pay for the " shandy-gaff," I think Joe Crew paid for it. There is a bar in No. 1 booth. I didn't see any casks, I saw plenty of bottles there. [By the Bench. Ale and lemonade constitute "shandy-gaff."] Cross-examined. Mr Simson did not serve me with this. Ee-examined. I don't know who served me with it.- The man behind the bar was a stranger to me. Mr Simson was not in the bar at the time. Donald McLeod deposed : I live at Waipu. lam a member and steward of the Waipu Racing Club. We held races at Waipu, on March 23rd. Certain booths were sold on the course. They were tendered for. Mr Simson was the purchaser. Booth described as No. 1 is under the grand stand. I was in this booth on the day of the races. I was supplied with liquor there. It was gin. I didn't pay for it. The drink waß called for by somebody ; I do not remember anyone there. I don't know if the drink was paid for. I didn't notice any money passed at all. A man named William West served the liquor. He did not ask me to have this beer. West is a gumdigger. There is a bar in the grand stand. I believe there is one shelf, but I didn't see any bottles on that shelf. I didn't notice where the bottle came from from which T was supplied with gin. I was present at all the meetings of this committee previous to the race meeting. I made no arrangements with Mr Simson to supply us with any special liquors. I believe at the meeting something was said that no police should be present. I know the conditions on which, the course is held. 1 know there is a clause in the lease providing that a constable should be present at all meetings. Cross-exmiiingcL. I believe some of the stewards-* 1 * 1 * nr-irxney-svinnreii Mroimson >»-tornijjsomething special for them. Nothing was said from the club officially to that effect. It was a general expression from individual members. By the Bench. I asked for whiskey and was supplied with gin. They said they had no whiskey. Joseph Crew deposed : lam a baker and live at Ruatangata. I remember being at Waipu on the 23rd of March. I know the grand stand. There is a booth underneath the grand stand. I was in that booth on that day, once or w.'""-6il couldn't say how often. I wa3 supp^^^^lh something there. I had a whiskey. nothing eke at the time. Four of us went in for a drink, and I " boozed them up." I " stood " for the liquors. Ivaid for the liquor. Mr Alex. McKenzie, Mr D. McLeod, of Waipu, and Murdoch McKinnon (I don't know where he lives), were there. McKenzie had a lemonade and beer, McLeod had an old torn or gin, Mr McKinnon had whiskey, "lhe liquor was not supplied by Mr Simson, but by a grey-whiskered old gentleman. There was a kind of bar in the booth. I saw some bottles there, but no casks. I saw Mr Simson in the booth afterwards. I didn't see him serving any liquor. He was behind the counter. Cross-examined. I went to Waipu with Constables Gordon and Hogg. Conversation took place on the way upon racing matters. I have not been (promised any remuneration for my attendance. I did not know until I got the summons that I should have to give evidence. By the Bench. No prearrangement was made with Gordon and Hogg. Murdoch McKinnon deposed: I live nowhere in particular. I live now at Kamo. I do not remember the 23rd of March. I remember the day of the Waipu Races. I don't remember ths day they were held. I was on the course at the last races held there. I know the booth under the grand stav/Z. I was in that booth on race day. I was supplied with a drink in that booth. I had a ginger-ale for one drink. I had a glass of beer there too. I was not supplied with' anything else. I don't know who was with me. I didn't pay for the dinks. The man who supplied me was a stranger to me. The drink was a gift. Someone asked me in and shouted for me. By the Bench : I think it was on a Tuesday. I don't know for certain. I don't know what year it is. My age is about 20. George Wilson deposed : lam a jockey and trainer. I live at Kamo. I remember tho 23ra of March. I was at Waipu on that day. I know the grand stand on the racecourse. I know of a booth underneath it. I believe I was in that booth more than once on that day. I was supplied with several glasses of gingerale in that booth. I also had some whiskey which I had in my pocket. . I got the whiskey from Mr Humphreys. I was sent down to Mr Humphreys' bedroom at Mr McLeod's and fetched it. I had no whiskey besides that in the booth. I had nothing else in the booth but ginger-ale. I don't know who supplied me with ginger-ale. Charles Hogg deposed : I am a constable stationed at Kamo. I was at Waipu on the 23rd of March. T was at the grand stand booth. I saw a number of persons in the booth, and around the door. •' The people inside were being served with drink of some sort. Constable Gordon and I went inside, and there were a number of people in front of the bar. Some were drinking out of glasses, others ordering drinks. Constable Gordon went and spoke to Mr Simpson, who was behind the bar. He asked Mr Simpson if he had a license. I believe he said " No." I asked a man who was drinking out of a glass what he was drinking. He said it was beer. He afterterwards went back on it and said it was ginger-ale. He was then under the influence of drink. I asked him his name and he said it was Thompson. He afterwards said his name was Hunt. Constable Gordon then came up and said he was known by the name of " Shakespere." I heard Mr Simpson say "no more hard stuff to-day boys," to a. man present. I believe he said " the Police are here." He said "nothing 'but ginger-ale now," or something to that effect. He made this remark outside. Mr Simpson was behind the bar drawing corks and filling glasses. Cross examined. I cannot swear what was. in the bottles. I saw bottles. By the Bench. I saw two barrels besides the bottles. I was about five feet from them. I saw a stamp over the bung. It was the same sort of stamp usually put on beer barrels. These stamps were obliterated ,by a hole through them. I did not see or taste the contents. I did not see the stamp obliterated. These were all the witnesses for the prosecution. As it was now twelve o'clock the Coat adjourned for dinner.

On resuming, Mr Steadmau addressed the Court in defence. He pointed out that in the first place the informant had not given any evidence in person. He then dwelt upon the fact that in one information there were two ■offences charged in the disjunctive, althongh following the words of the section of the statute under which the information was laid. The case he cited was that of Lindsay y. Walker, which read as follows: — "An information charging two offences in the disjuncture is bad, although following tho words of the particular act. And the defect is one of substance and not of form only. Thus were L. was informed against for that he did " sell alcoholic liquors, to wit, etc.," " or permit or suffer the same to be sold, etc." following the words of the particular section of the Act, it was held " That the information was bad, inasmuch as it charged two offences in the disjunctive." Reserving to himself the right to the above objection, he held that there was not sufficient evidence that the sale had taken place. Their Worships retired to consider their decision. On returning, they decided that, in order to allow the justices to get advice on the point raised by Mr Steadman, they would adjurn their decision till the 15 of April.