LIQUOR AND LANGUAGE

New Zealand Times, Volume XLVI, Issue 10689, 8 September 1920, Page 6

LIQUOR AND LANGUAGE

A MASTERTON MATTER APPEAL AGAINST CONVICTION FAILS. STRONG COMMENTS. BY JUDGE. (By Telegraph.—Special to "Times.") MASTERTON, September .7. At the Supreme Court at Masterton, His Honour Sir Bassett Edwards heard tha, appeal case of John O'Dowd v. N. Miller, sergeant of police; an appeal against a conviction by Mr S. L. I'. Free, S.M., for a breach under the Licensing Act. Tho appeal was based pn fact and law. Mr W. Noble appeared for the appellant and Mr 11. It. Burridge for= the respondent. In the course of his evidence, Sergeant Miller stated that on March ',J7tn last ho had been informed that men with liquor wero at the rear of Duskey's billiard saloon in Queen street, and that bad language was being used. He instructed Constables Phillips and Garden to proceed to the premises, and followed later himself. The police arrived together and found John O'Dowd standing up in a dark alleyway with a bottle of beer in each hand. His brother, T. O'Dowd, and a young man named J. Thompson wero sitting on boxes nearby,' and there were two other bottles on the floor. , Witness asked O'Dowd -for his liquor, and informed him that he was suspected of selling it, and he refused to give any infoj-mation. He gave no explanation until he appeared in court. Appellant was a single man and a drover by occupation. He was found in a billiard-room in the heart of Masterton; a locality' in which men had been found with drink more than once. Witness had often seen men consuming liquor there. THE APPELLANTS STORY. For the defence, John O'Dowd, drover, of Masterton, gave evidence as to the trip to Tara-tahi, where certain liquor was purchased. • There were four others in the car beside witness and his brother. On the day in question he was late in returning • to Masterton, s.o did riot go home to tea, as he concluded that tho meal would be over. Some of the liquor was consumed end the rest witness placed at the back of the billiard-room, as he did not want to carry it about the town with him. Witness* had tea and then returned for the liquor. On arriving at the place where he; had/.plate-j ed it,' and when in act-of ha-ving' a drink, the police arrived. HIS HONOUR DECIDES. His Honour, after' reviewing the case a-t length, said that tho Supreme Court should not overrule the decision of the magistrate unless it was per- ' fectly satisfied that, he was wrong. In this case the onus was upon the appellant to show that he had the liquor for a legitimate purpose. The facts in the case\were not at all creditable to the appellant, and it seem-. ed lamentable that "young, spend"their timeun the way disclosed; by the evidence. The explanation! giv- 1 eh by appellant as to-his. conduct was ; very unsatisfactory. Appellant had a full' opportunity when he was accosted bv the police in tho right-of-way and! later at tlw' police station, but ho j failed to do so until he was brought I before the magistrate. Why should appellant have selocted a disgusting place like a right-of-way leading to a urinal to drink his liquor if there was no need for concealment ?_ _ In His Honour's the decision of the magistrate was right, and the appeal would -bo dismissou. .. _ lf ..„, ~i :, EFFECT ON MODERATE PEOPLE. "A LAMENTABLE STATE OF AFFAIRS." "I am not a teetotaller, but I must say that the facts in this case disclose a lamentable state of affairs," remarked His, Honour Sir Bassett Edwards, after delivering his decision. "I say it is lamentable that a young man like the appellant, earning good money can find no better way of spending his Saturday afternoons than going to the nearest adjacent- hotel; nnd purchasing large quantities of liquor. This disreputable conduct of young men has the tendency of influencing raodorate people, who t likes myself, believe that the community should be able to procure liquor for use in a reasonable and proper manner, to vote for prohibition at the next licensing poll. If this sort of lamentable conduct is continued these young men will drink themselves into a- much worse condition, and later on the State will ho called upon to support them by an old nge pension or some other form of charitable aid."