THE LIQUOR LAW.

Otago Daily Times, Issue 14457, 25 February 1909, Page 7

THE LIQUOR LAW.

SUCCESSFUL APPEAL. (Per Ukitkd Press Association,)' AUCKLAND, February 24 A convict iou recorded last month by Mr R. W. Dyer, S.M., against Harrietj Dingle, licensee of Uio Railway Hotel, Drivry, on a charge of Sunday trading formal tho subject of an appsal under "The Justices of Hie Peace Act, 1908,":' before Mr Justice Edwards at tho Suprom.o Court to-day. Tho Crown Solicitor (iloji. J. A. Tole, K.G.) detailed the circumstances winch ledl up to the prosecution and resulted ill ai conviction aixl endorsement of the license in the lower court, lie said that a farmer named Henry Toomau visited tho hotel on the evening of Sunday, November 29, iu| search of his brother, who -wag boarding there. (In arrival ho entered a private; room, in which were bis brotlter and another hoarder. Drinks wore called .for,but the landlady demurred at serving Henry Tooman, remarking that the otiien two could have refreshments as they weref boarders. After some persuasion, however, she brought in drinks for all three, which were paid 'for, a.r.cl several rounds were consumed during the evening. Henry Toomau gave evidence which bore out these facts, ami he further slated" that his action in informing tho police 0! what bad occurred, was prompted by high) words which had ensued between himself; and Mr Dingle.

The appellant, characterised the previous witness's evidence concerning tho sale of; drink on the Sunday in question as a' tissue of falfchcods, and (stated tliat spite had caused him to act as informant to the police.

Alexander Patterson, a drover, deposed! that lie was in the hotel on tho evening in question, but did not Witness the sale of an\- drink.

Ills Honor remarked' that the evidence of the witness Toomau was characterised by intense spile, against Mrs Dingle, and there was nut llie slightest o.jnbt that this had given rise to the prosecution. He was quite sure thai, any jury which heard the evidence would have desired to go no furl'liPr. Th 3 case would have required! to he a very strong one indeed to allow it to affect, the value of the property concerned, and he had no hesitation ill allowing the appeal.