LIQUOR AFTER HOURS.

New Zealand Herald, Volume LXVI, Issue 20392, 22 October 1929, Page 14

LIQUOR AFTER HOURS.

INCIDENT AT KAMO SPRINGS

DEFENCE DENIES PAYMENT. CONVICTION OF LICENSEE. [I!JT TELEGItArH. —OWN CORRESPONDENT.] WHANGAREI. Monday. The proprietor of the Kamo Springs Hotel, Walter Henry Cuthbort, was charged in the Magistrate s Court to-day with opening licensed premises for the sale of liquor after hours, and with selling liquor to George Hansard and Louis Le Lievre after hours. The case was a sequel to a motor smash at Kamo Hill on September 30, when a car driven by L. Le Lievre and containing George Hansard and Noel Bateman, all taxi-drivers, Edgar Vailo and S. Foster, capsized at tho bottom of Kamo Hill. Hansard and Le Lievre gavo evidenco that about 9.45 p.m. they drovo'to the hotel, where Cuthbort served the two of them with a drink each and sold them four bottles of beer. Hansard paid Is for the drinks and each of them 3s for tho bottles of beer. There was no liquor in tho car before they went there. At tho top of Kamo Hill Le Lievre, who was driving, stopped tho car and all tho men had a drink. The other occupants of the car in evidence said they did not go into the hotel, but- wero sure the beer was brought from it. Evidence was also given that Hansard had said he had no money. Case For the Defence. The main defence was that the beer was a gift and was not sold. The defendant said he heard about the accident at 1.30 a.m. next morning, when Mrs. Hansard rang up to say that Hansard had requested defendant to say nothing if tho police came. When Hansard and Lo Lievre had called Hansard had asked for four bottles of beer, but Hansard had said ho had no money. Defendant said ho would give them four bottles of beer as Hansard had been good to him. Not. a penny had passed for payment, said defendant, and tho beer had not been paid for yet. Ho then gavo them a drink each and had a small drink himself. No ono had paid for those drinks, which wero entirely at his invitation, as Hansard had often brought customers to his house. When the police saw him defendant said ho had not seen Hansard or Le Lievre on account of Mrs. Hansard's request. He saw Hansard on tho Sunday afternoon because ho had heard a statement that Hansard had paid for tho drinks. Allegations by Defendant. Defendant said he was,.very disturbed over (his and suggested Hansard should mako a truo statement, but Hansard said tho police would think there was collusion and suggested that matters should stand and ho would tell tho truth later. Le Lievre, interviewed, had admitted he had said the beer was paid for, because Hansard had said tho same. Le Lievre had come up to see defendant oil Saturday week, when lie said he was frightened that he would bo charged with being intoxicated in chargo of a car and Hansard was frightened of losing his licence. Defendant contended that Le Lievre said if tho police would guarantee that they would not be prosecuted they would stick to the talo that they bought tho beer even though it was not true. Tho magistrate, Mr. G. N. Morris, said that at first there was a wild scramble to get out of trouble and now the wind was taken out of their sails. Witnesses for the police and Cuthbert had obviously lied to suit their own ends. Hansard's evidenco clinched the matter, in tho magistrate's mind. He proposed to convict. The polico pointed out that two convictions within six months mado a licence forfeitable and a month ago defendant was convicted of a similar offence. At the magistrate's suggestiori the police withdrew the first charge. The magistrate said he did not intend to use the extreme power of cancelling the licence, but ho must endorse it. Fines and costs totalling £l9 were imposed aud the licence endorsed.