ILLEGALLY ON LICENSED PREMISES.

Colonist, Volume LXI, Issue 15059, 30 April 1919, Page 2

ILLEGALLY ON LICENSED PREMISES.

; Lionel Smith, Arthur Nicholls, and Fred Smith were charged with having been found on the licensed premises of the Dominion Hotel on Good Friday, when such premises -were required to be closed. Thomas Ross, licensee of the Dominion Hotel, was charged with selling beer to Arthur Nicholls on Good Friday, also with exposing liquor for sale on the same date* The cases were heard together. Sergeant Barrett appeared for the police, and Mr/ E. B. Moore for the defendants,, who pleaded not guilty. Constable O'Donnell gave evidence that on Good Friday, about 11.25 a.m.,. he- visited the Dominion Hotel, having seen the three defendants enter.-the hotel, after the licensee. He entered the hotel, and found the three defendants standing at the side with' a glass of shandy and a glass of ginger ale standing on the bar counter, the licensee, being behind the bar. The bar was fully exposed, the slide being right out. The licensee appeared to be getting a third drink. He asked the men what they were doing there, but they did not reply. The licensee said the men had arranged for dinner, and he had invited them- to have a drink. Nicholls said he had stayed there the previous night, but had made arrangements to stay at the Wakatu on the Friday night. He found a two shilling piece (produced) on the counter. The licensee said he did not know who it belonged to, and none of the defendants claimed it. The three men, he would say, were under the influence of liquor before they went to the Dominion! Hotel—he had followed them.

Cross-examined: He had seen the men "in the Wakatu earlier in the morning. They had attracted his attention because of the way they were staggering about the street. Senior Sergeant Barrett stated that he entered the Dominion Hotel about half a minute after the constable, and found the bar slide open, the licensee behind the bar, and the three defendants standing at the slide. The shandy was claimed by Nicholls, one of the Smiths claimed the ginger ale, and the other Smith had notning. A two shilling piece was between the two f lasses. The licensee said he did not now whose money it was. None of the defendants would speak and claim the money, so he took possession of it. The three men said they had arranged to stay at the Wakatu, Nicholls saying he had stayed at the Dominion the previous night. Before that he had found the three men at the Wakatu, the licensee of that hotel stating that the men had arranged to stay there. The defendant Boss told him that he was going to take the three men out to the country in his car- in the afternoon.

Mr. Moore stated that the two Smiths, returned soldiers, arrived -in Nelson on Good Friday, and Nicholls had come down from Belgrove to meet them.

Thomas Ross, licensee of the Dominion Hotel, stated that Nicholls always stayed at his hotel when in town. He produced the bedroom book to show that Nicholls stayed there the previous night. Nicholls engaged him to drive the two Smiths to Belgrove. He met them at the boat, and booked their dinners.. Defendants arrived before dinner, and Nicholls asked if there was any chance of, a drink, and he replied he thought so, as he regarded them as boarders. >-He knew of no arrangement made by defendants to stay at the Wakatu Hotel. He did, not know who put the 2s on the counter to pay for the drinks.

By Sergeant Barrett: He could have produced the bedroom book at the time if he had been asked. Nicholls did not pay for his accommodation until after dinner.

Arthur Nicholls, of Wakefield, said he came to Nelson to meet the Smiths, who were arriving on Good Friday, and stayed at the Dominion Hotel on Thursday night. The Smiths and himself had breakfast at the Dominion, and went out for a walk, he having arranged to go to the country with Mr. Ross that afternoon. They went to the Wakatu Hotel, where they met a comrade (Gooding), a son of the licensee, and they arranged to return after going into the country, ajid stay there that night. He corroborated the previous witness's evidence as to what took place at the bar of the Dominion Hotel. He put the money on the counter for the drinks, a light shandy for himself, and two ginger ales for his companions. They did not return to the Wakatu Hotel that night, but stayed at the Belgrove Hotel. By Sergeant Barrett; He was too excited to think of telling him at the time that he was a boarder.

Lionel Smith, who stated that he had had four years' service, without wounds of sickness, and his army character was good, corroborated the evidence of the previous witness in regard to their movements on Good Friday morning, and the arrangements made. By Sergeant Barrett: He was not aware that his gait was unsteady that morning. He had no drinks in Nelson, but had had a few coming across from Wellington in the Pateena. Fred Smith, a returned soldier, with four years' service, said that he had never been in any trouble through drink. He corroborated the evidence of the previous witnesses for the defence. Charles Gooding, a returned soldier, with four years' service, stated- that he became friendly with L. Smith coming out in the Willochra, and it was arranged that Smith should Call and see him in Nelson. When the Smiths called to see him they said they were going to Belgrove on Good Friday afternoon, and would.return.;and stay the night with him. The Magistrate, in reviewing the evidence, said he was satisfied that defendants knew when they were in the Dominion Hotel that they were not boarders. He regarded it as suspicious that they said nothing to the police, and knew nothing about the money-on' the counter. Ross knew nothing aboxit their having taken rooms at the Wakatu, and he would give him the benefit of the doubt. So far as Nicholls was concerned, he knew that he had ceased to become a boarder and allowed the ; landlord, to be under the impression that he was supplying him as a boarder. He \yould be convicted and fined 40s, with "7s costs. As to the other defendants, he would not like the impression to go abroad that because they were returned soldiers they could disregard" the laws of the country. They were not boarders, and their presence in. the hotel was illegal. They would-be'cqnyicied and_ fined 10s each. The dnforinations against Ross were dismissed, j '<.'■. ■ -