BEER FOR SUNDAY.

New Zealand Herald, Volume LX, Issue 18521, 4 October 1923, Page 7

BEER FOR SUNDAY.

ALLEGED FLL£(2AL TRADING, - Y^V'i'V:'•-'•■ .'■'' : ! '„_~-~- ;:;v ' '','■ ; ■'. \. HOTEL-KEEPER'S APPEAL, . ■ '■ ' . ; INCIDENT "VAT ONEHUWSAV ' An appeal against a 3ecisioa given bjj Mr. W. k McKean, S.M.,>. the..PoEcs Court in respect of an:. Alleged-; x ofltenc* under-the Licensing Act, ; ,came->efora ■...-■;'-■ Stringer in the Supreme Orari yesterday-: - ' r: :;>.;-.; t_ ! -'-__^-■/;.,; -Matilda-Olson; (Mr.vHamia and . Mr« J Beckerleg),' licensee of the Mannkaa ■-;:; Hotel, Onehrniga, appealed against a con-, viction recorded against' he|;; for-; opening -her -fot'the?sale:o£:liq«b* on a. Sim* : ■ day. Paterr,on. appeared, tor ; the police; '■- "■■'< "■'''■ '>-■■? "' ■ -Constable "W. E. C. Poll,, of Onahunga, stated that on Sunday, March 11, KtU« after 7 a.m.-, he wiw. a man go.into, thtf " hotel yard, and a', few minutes-,,later, returned with a ijliree-gallon keg,: which , 'he took- into a* vr'jjare. .nearby,- M -Subse-i quentiy he-saw. a man named .Porter, wml . worked at the- hotel, and another matt .-;:-.. 'named Field, go, into a shod in th« yard. Porter came Out -carrying.a three-gallon: \ kef, whiKi'; witness "judged- to' be' full. Porter ..took. it ..to.', the rear "of .the;;'hotel and ■;some, : hammering • was. heard. ;:■ t 'After that, witness - heard, .a- jingling . sound, as - if money -were - ''passing. He saw;-Field carrying' a keg' to the! whare. % : In the) ' , whare witness found - six' or seven -men. A keg was : ' , on"'.the';table, and' he was , - offered- a'glass of ale. ' The "'second: - keg was also' in the whare unopened. r; The „. name ; Olson was ion .it; H Witness; took one? keg to. the • police.,, station* and , returned -.-. with the sergeant. They then" entered the hotel, where the sergeant questioned' terj;_who denied handing * oyer a ; keg ;■ 'to -' " .--■' anvoiie; ;he 'denied all 'knowledge' of"it. Mrs," - 1 Olsdh Said; this 'had-sold; no : beer •' that' morning. 111'© sergeant then' ! told ,' her';that Field said: bfr-bbugbfcthebeer ; on Friday,-and then Porter' Said?" "That is all right '-,-. I was here and saw -it paid' . for."'A-: little later Porter: said:-," Left it go this/time, sergeant; I will-never 'do-- ,\ it/again,''- Mrs. ■• Olson warned Porter*td \ , ■--.■. say nothing. ■ ■'.'•'•'•"-'" T " :; ' - * : '-' '-"•■"• :'• 'Cross-examined.. -*■ witness ::\ stated •& 'that' : :"■•.'.;■ I Field remarked, that, he saw no -harm in: [ going to'the ! ;• hotel-v-Jon Sunday.'..for..beer I he had'bought-on'Friday../ Witness:knew | nothing against.' Mrs.* Olson :be><V fore that day.. : .•.-••-:.-.- : - .- ■; .v-;:T■'.'■ ! '•■" Sergeant; J. A. .Cruickshank stated-: that■': . j whiles he was, talking/to. Mrs*:'Olson,; three ,: or four-men'" came . round; by -the kitchen,. J i window. .v. Sirs.. Olson -'.spoke- to •■: them ..and I they left 'pretty hurriedly. Mrs'. " Olson '/':.' j had- kept-: the; hotel, vary; l ,welT, J ,and| there, y ; * had" been- no--previous., cahvipton,/, _\\\/ ■ >' , !.- Matilda. Olson said .her application foS Ia . renewal.,of the., license, had _, been."adI journed, pending tlio result of. the appeal. The owners:'of the,.hotel, had /'given: "her i notice, to ...quit,- but if .a renewal' of.'.the _ -"'//■ ' license were! granted, : J this 'notice; .would ' s 1 not .'operate. On-.Friday,- March ,9," Field ,/'■";•;; t ordered . a three-gallon keg • of '■ beer, which:'. jhe paid:for 'in'the afternoon.'- : She" made ~ -■; iah entry 'of-"the ]transaction 1 "in a book. , . ! Field 1 , said he, would call "for* the beerAon : Saturday■.-afternoon. """She" ; knew'nothing ' ! more of "this keg," arid 'other's she sold,' Until Sunday morning."' Porter did:not • serve- in i the bar. He/was . only engaged tempor- ■: I arily,: and' she -paid' him by the "hour. He boarded f =arid Sflept - inn the. : hotel,: and- had \ the' keys.: .of the ;shed .in which liquor was kept. She did,.not know, it was a breach- of ' the/taw to ; accept moiiey frr beer to be supplied., She" had often., dona i it. ;. : ~. ,'•,-..:, ; :.,; ; /:'..- ' > .:/ '~. ~ Angus ..Cameron Field, of Onehnnga, : I stated that he ordered v and paid for a, keg on the Friday, but failed to fetch it away, ' ! on J* Saturday. , He had never paid Porter for beer. .; On- Sunday,: Porter . gavo him the keys of -the. shed, where the. beer ; '■•'/:'■ Iwas kept; and he took his keg away to.tbo v' whare.. ... <- :: . ' .: ..''..'' .'.-•. .. ."•'-... : r'-- ■; ~ Harvey Porter stated thatrhe.saw.. Field : pay. for- the keg ,on r . Friday., When he said to the sergeant that it would " not : occnfc-.again," -he meant .'that he ought ,hot to; have let' the keys go out'of hisp.. k^ep-i', ing. ' '■-:■»* V • *■ ■ ;- 'i„'y . , , « The .case was adjourned until next, Mon-i ; .day.: o^..v : ;-j:;:. .-. : .'. -- / ;.- : :";.V ■'•'■. ~.;, ■■■; ■.;■..■, ' ■ —'"_""'''*'"-:.■,; : ■ •j£r>-.