PORT CHALMERS POLICE COURT.

Otago Witness, Issue 3280, 24 January 1917, Page 26

PORT CHALMERS POLICE COURT.

Friday, January 19. (Before Mr J. P. Bartholomew, S.M.) Liquor for No-license District.—Duncan M'Kcnzie. licensee of the Provincial Hotel, Port Chalmers, was charged that, on December 23, he sold liquor intended to "be taken into tho no license district of Clutha without a signed order stating the address and occupation of the purchaser. In connection with the same offence, he was also charged with failing (o enter the order in his book and with failing to notify the clerk of the court at Balclutha. —Mr Lang, who appeared for the defendant, entered a plea of guilty to each charge.—Sergeant Dougan said the defendant was an extremely respectable publican, who always endeavoured to comply with the law and to assist the police as much as possible. The present case appeared to arise out of an error of judgment on his part.—Mr Lang said the three charges really arose out of the one act, and he suggested that the police should withdraw the two latter,. The defendant had never been in court before, and the present case showed no conscious attempt to evade the law.—The Magistrate said the provisions of the Act governing this matter wore very stringent, and it was the business of licensees to acquaint themselves with tho way matters stood. It was the duty of the licensee to get an order signed by the purchaser. The facts in the present case showed that, while the defendant had been culpably negligent, there had been no suggestion of illicit trading. A heavy penalty was provided for by the law in the case of a conviction. —The police agreed to withdraw the second and third charges.—The Magistrate thereupon imposed a penalty, of £5 on the first charge, with costs (7s). Arising out of this case, John Coutts was charged with purchasing at tho Provincial Hotel liquor intended to be taken into the no-license district of Clutha without giving the required notice in writing. Mr Lang', who appeared for this defendant, also entered a plea of guilty on his behalf. Coutts had depended upon the licensee to know the law, and had thought it was sufficient if he informed the clerk of the court at Balclutha. He had done this, but, of course, that was not sufficient to satisfy tho requirements of tho law. —A fine of £2 and costs (7s) was imposed. Under Age. —James M'Cluskcy, licensee of the Portobello Hotel, was charged that, on January 1, 19.17, he supplied liquor to one, William Keenan, a person apparently under the age of 21 years. Samuel FrankMartin, barman at the Portobello Hotel, who actually supplied the liquor, was also charged with a similar offence. —Mr Irwin pleaded not guilty for both defendants. He stated that M'Cluskcy knew nothing about tlie matter, even though ho was formally charged, and Martin was not regularly employed there, but was merely assisting the licensee at a busy time. —Sergeant Dougan stated that, on the date mentioned, two young men named Keenan and Campbell had visited the hotel, and had been supplied with liquor on the premises by Martin, They had returned a little later, and had purchased several bottles of beer and a bottle of wine. They took this liquor away, anel consumed it ii.i company with a young woman, with the result that they became slightly intoxicated.—William Keenan and Ralph Campbell both gave evidence. —Mr Irwin said the only question was whether Keenan was apparenlty under age or not, and he did not think that, from his appearance, it could be established that he was. No questions had been asked as to Kcenan's age, and it was obvious that tho barman (Martin)Mutd had no doubt about the matter. It was a very busy time in the hotel.—The Magistrate said the licensee and the barman had both been guilty of carelessness, and what had happened after the sale of tho boi.tled liquor showed the necessity for restrictive measures. Each of the defendants would be fined £5 and costs (7s). No expenses would bo allowed to the two witnesses. Case Dismissed. —George Thomas Way was charged that, not being a bona tide' lodger, lie was found on licensed premises —to wit. the Port Chalmers Hotel —during closing hours on December 17. Mr Lang representee! the defendant, who pleaded not guilty.—Constable Parkhill gave evidence showing that he found the defendant leaving the premises by a rear door on the dal'e named, it being a Sunelay night —Evidence in denial of the charge was given by tho defendant, anel also by John Douglas Warden, licensee of tho_ hotel. This was directed towards explaining tho presence of the defendant on the premises, and went to show that he had boarded there on a previous occasion.—The Magistrate said tho case was a suspicious one, a.s the defendant and the licensee had contradicted each other in several portions of their evidence. He would hold, however, that it had been established that the defendant hau staved in the hotel on a previous occasion, and would dismiss the information. That course, however, was no reflection on the evidence given by Constable Parkhill or on the course taken'by the police.