PUBLICANS IN TROUBLE

New Zealand Times, Volume L, Issue 11657, 23 October 1923, Page 6

PUBLICANS IN TROUBLE

A PECULIAR CASE

MAGISTRATE SAYS PERJURY WAS COMMUTED. FINE OF £lO AND COSTS. (Special to “X.Z. Times”). LEVIN, October 22. At tit* Levin Magistrate's Court, before Mr J. L. Stout, S.M., Alfred WaJshaw, licensee of tho Manakau Hotel, appeared on two charges of supplying liquor to member® of a party of jouths, cn the evening of Sunday, September 10th. Senior-Sergeant Fraser, of I'almerston North, appeared for the police, and Mr J. J. McGrath for flie defence. Frederick John Edwaids stated that he was not sure of the exact time tho party left Levin. There were six m the party, Lloyd, Knox. Pikihana, Baker, De'broeeney, and himself. They stopped at Manakau, the whole party going into the hotel. In a small room and not at the bar they had one long shandy each. The licensee supplied tho liquor which witness paid for. There was another man present to whom Mr Walshaw introduced him as the new proprietor, Mr Oapon. DEFENDANT’S DENIAL. Alfred Walshaw deposed that he had held the license of the Manakau Hotel for 20 months. About the 10th of the month in question he had agreed to sell to Mr Capon. All that Sunday he had been stock-taking with Mr Capon About 0 pm. he locked up and when going to bed a few minutes later a knock came to the door. He opened it and three men came in. He had rcticed mud on the coat of one of these men, and on questioning them they had 6aid that he had been riding a cow. They were quarrelsome and noisy and looked as if they were recovering from a hard drinking bout. They had asked for drink but he refused and they had then asked for cigarettes which he supplied. It was absolutely incorrect that they had received drink in the hotel. It was also incoirect that he had introduced them to Mr Capon. They were not in a- fit condition to receive drink even if it were permissible. They were quarrelsome and one of them grabbed the packet of cigarettes from his hand when he offered them. Hi had never heard a suggestion before this morning that the ooya had been introduced to Mr Capon ; Only three came in, but he heard ethers talking outside in a car Mi Capon was in a position of trust in respect of tho sale of liquor pending tho transfer of the license. To Senior-Sergeant Fraser: He *had not brought Mr Capon, as he had no idea that he was necessary. Senior-Sergeant Fraser: Now I am going to put the constables in the box, and they will swear that they told you that Mr Capon was present. Did they not also tell you that the boys had paid that Mr Opon was present when the drink was sold? —No. Now, it is a fact that on this night Mr Capon had just taken over. Was tlie fact known before Ibis that you had sold out?—Not as far as I know. I do not remember telling anybody that I had sold out. SENIOR-SERGEANT’9 ACCUSATION.

Senior-Sergeant Fraser: Then how could the boys have made up this story? If they did not know anything about it, it seems strange, to say the least of it, that on the morning following the occurrence they should have had a story so pat, and that there should not appear any discrepancies in the statement made by either of the witnesses. How do you account for that? \V it ness: I do not know. Senior-Sergeant Fraser: No! Nor does anybody else. Tlie whole story is more nor les9 than a lie, Mr McGrath; I protest against this, Your Worship. The sergeant has no right to insult the witness. He is there to ciose-examine only, and I enter a 6trong protest against such language. ANOTHER DENIAL. Later on Frank Edward Capon, examined by the bench remembered being present in the Manakau Hotel on tlie date in question. He and Mr Walshaw had taken stock that day. After finishing they had spent the evening upstairs. Between 9 and 9.30 he had gone down to the kitchen. The bench: Now, I want you to he careful in what you say. Statements have been made by three young men that on the evening in question you were introduced to them as the licensee. Do you remember being introduced to those boys P*—l cannot remember The bench: I do not ask you if you can remember. I ask you were you or were you not introduced to these young men on that evening. This is a serious case; there is deliberate perjury on one side or the other. Were you introduced to these boys?—No. The bench: I think this is a case which should be fully investigated by the police. There has been perjury—deliberate perjury on one side or the other, and it should be cleared up. Senior-Sergeant Fraser: I quite agree with Your Worship. Mr McGrath: I also agree, sir. It is a case of the word of two sober men against three who were drunk. Bench: I do not want any comment, Mr McGrath. There were only two drunk, and I am more inclined to believe the boys than I am the men. I do not believe that the boys had time to fabricate the story they told the police on the day after the trouble. Walshaw will bo convicted on both charges, and a fine of £lO imposed in each case, with costs 7s. Leave to appeal was granted.