Charges Against Hotelkeeper.

Ohinemuri Gazette, Volume XIII, Issue 115, 11 September 1903, Page 2

Charges Against Hotelkeeper.

THE OASES DISMISSED.

Mrs Ryan, the licensee of the Tramway Hotel at Karangahake, was charged before Mr E. 8. Bush. 8.M., yesterday with exposing liquor for sale at the Tramway Hotel after hours on August 13th. There was a second charge of keeping the,premises open for sale on the same date during hours when the hotel should be closed. Constable Whelan conducted the case for the prosecution, and Mr Olendon appeared for the defendant, who pleaded not guilty.

/ The first witness was Michael Mannix, of Karangahake, who deposed that he was in the Tramway Hotel on the night of August 13 th, a little after ten o'clock. The house was closed up at the time. He was with, William Barry, a painter, and they called for two beers. Witness gave half-a-crown to Crosby, the barman, andgot the change and two beers. While they were having the drinks Constable Moffit came into the hotel. Witness was a boarder in., the hotel, and slept in the house that night and the previous night. He kept the billiard room in connection with the hotel, and it was one of the conditions of his agreement that he should sleep at the Hotel. He had not blopt at the hotel before the night of August 12th because there had not been a room for him, but on the 12th Crosby, the barman,- told him there was a room t for him. Witness had previously been staying at Smith's boardinghouse. Cross-examined by Mr Ciendon, witness said he, took over the billiard room three or four weeks prior to the 13th of August. It was one of the conditions of the lease of the billiard room that he should 1 sleep at the hotel. He had told Smith that he was leaving the boardinghouse as soon as there was a vacant room, at the Tramway Hotel. On the evening in question witness closed up the billiard room at ten o'clock, and asked Barry to come and have a drink. When they went into the hotel Crosby said the bar was closed, but witness told him that he was entitled to have a drink as he was a lodger. The three of them then went to the bar, and witaess " shouted." At the time the liquors were sei ?ed there were no other people in the bar. The public entrance into the passage and the public entrance into the bar were both closed.

By* the Bench: Constable Moffit tasted the drinks when; he came into the hotel. The billiard room was detached from the hotel. The agreement about the bi"ia rd room was a verbal one. William Barry gave evidence to the effect that he was in the Tramway, Hotel with Mannix on the night of August 13th at a little after ten o'clock. He left the billiard room with Mannix, and they went to ihe hotel and each of them had a drink, for which Mannix paid. While they were having the drinks Constable Moffit came in and said it was after hours. „■'■'"•.■■'

Cross-examined by Mr Giendou : Witness was a friend of Mannix, and had known him for six or seven years. Witness was in the billiard room when Mannix shut it up, and Mannix asked him to come 'and'have: a drink. When they went to the hoiel the bar •was closed up, ami when tliey had their drinks the door into the commercial room—where they had their drinks—was the only entranje to the bar that was open. Constable Moffil;, when he came in, simply said, it was after houi's and tasted the drinks. Jobn Smith, a boardinghousekoeper at Karangahake, deposed that Mannix had been staying at his house. On the night of August 13th Mannix did not sleep a,t his place; he could not say if Mannix slept there the previous night. t Cross examined by Mr Olendon : Mannix came to stay at witness' place a few weeks previous to this, and said he had taken the billiard room at the Tramway Hotel, and might be leaving the boardinghouse at any time.

Con stable Moffit was the next witness, and he deposed that on the night of Thursday, the 13th August, he went to the Tramway Hotel at about tw.enty minutes to eieven. The side door of the hotel was open," and he walked in ani through to the com-' mercial room. He found Mannix and Barry at the slide, and there was Is 9d on the counter and two drinks. He told Crosby, the barman^ it was after hours, and that he .(witness) would report the matter. 'Witness understood Mannix was staying at Smith's boardinghouse. Afterwards Smith said that Mannix did not sleep at his boardinghouse on the night, of August 13th, but that he did sleep there on the night of the 12th. When he went into the hotel there was a Ijght in the bar. The billiard room was ja<ji to the hotel. In answei? to. Mr Olendon, witness said there was nobody' ols.e at the bar when he went in except Mannix an 4 Barry.

This was all the evidence offered by the police. Mr Olendon submitted that there was no case to answer. They admitjte<J that there had been a sale, but he contended tfyat the sale was a legal one and to a perso.^ Jiving in the house. To be an offence there must be the exposure of the liquor for the purpose of an illegal sale. Mr Clendon quoted authorities to show that the exposure of the liquor was not an exposure for an unlawful sale. There jyas nothing to show that the premises \pere open for the purpose of sale. At the time the saje to, Mannix was made, the doors were aU plpsod except the kitchen door. 'Furthermore,, there were several boarders staying in the house, so that it was necessary to have one door open; It had been proved that Mannix was a boarder, and he confidently ; submitted that the cage should be dismissed. . "' \" ' -:

The Magistrate said that this was not a case in which he could convict the licensee. The question' of the door b.eing open had cropped up, and he thought the licensee would be wiser to have somebody at the door to open it for the boarders than to leave it open. He was not, however, going to say that the licensee could not keep one door open for the convenience of boarders, but he said it would be wiser to have somebody at the door to open it when required. The informations would be dismissed. ;