FRUITERER CHARGED

Southland Times, Issue 19462, 29 January 1925, Page 2

FRUITERER CHARGED

SLEEPING ON PREMISES. UNSAVOURY ALLEGATIONS IN ARCADE. At the Magistrate’s Court yesterday, before Mr G. Cruickshank, S.M., Thomas H. Brewer, fruit merchant of the Arcade, was charged with using his premises as a sleeping compartment contrary to the Sale of Food and Drugs Act. Senior-Sergeant Scandrett said that prior to the date of the offence defendant was warned by the Health Department against sleeping at his fruit shop. On the date in question, the constable on duty found defendant asleep in the shop. Constable Dowling gave evidence as to finding defendant in bed in the shop. He was attired only in his underclothing. John Leary and George Kerr, Health Inspectors, said they examined the premises and interviewed defendant, asking him if he knew he was breaking the regulations. Defendant admitted this, saying he was one of those who had the Bill introduced into Parliament.

Constable Skipworth also gave evidence of finding a bed, clothing and personal effects in a corner of the shop. Thomas H. Brewer said the charge against him was life or death to his business. He was one of those who stood on the floor of the House in 1920, and asked that this particular law be passed in order to protect the trade against careless people. He was charged with sleeping on No. 10, which was not the fruitshop, but was used as an office, banana store and lumber room. On the morning in question, he was lying down when the constable came in and, after telling him the door was open, presented him with a key. When he was subsequently interviewed by the Police he was engaged in nailing down fruit. His Worship: They wanted to nail you down to the fact that you were sleeping on the premises. Defendant also said that as caretaker of the Arcade, he would draw attention to the fact that news boys from the Times office were using the Arcade as a place of resort in the early morning, and he was lying in wait to catch them. He was not like a Chinaman—sleeping on the bananas to ripen them. Senior-Sergeant Scandrett cross-examined and asked if defendant could explain how it was no complaints had been laid about boys in the Arcade. Senior-Sergeant: How often have you slept at your hotel during the last three months ?

Defendant. I was not there all the time. Senior-Sergeant: Where else were you? Defendant: At a private bouse.

Defendant refused to give the address of the house at which he stayed. He was on detective duty at the shop for several nights. His Worship said he could not see how defendant could stay on watch without an occasional snooze. It was only natural thing to do, but he was breaking the very law he helped to pass.

William Boyd, land agent, of the Arcade, said that in consequence of a complaint he made, defendant announced he intended to stay up all night and catch boys who were committing nuisances in the early morn-

ing. Thomas Brewer, junr., said No. 10 compartment did not contain fruit and to his knowledge his father did not sleep there. The Court adjourned for a few moments in order to enable his Worship to view the shop. On resuming the sitting, his Worship said he was quite satisfied defendant had used the shop as a sleeping place. He would be fined £2, with costs 7/-.