South Taranaki News

Taranaki Daily News, 21 April 1928, Page 2

South Taranaki News

(From Our Own Reporters.) i Telephone Ne. 2706, Hawera. P.O. b ox ijj, Hawera. i _ J

LICENSEE’S LIABILITY. LIQUOR SUPPLIED NATIVE, LIMITED TO HIS PERSONAL ACTS

Leonard Smith supplied a native, William Ranui, with a bottle of whisky at the Okaiawa Hotel on April 2, while acting as barman for his father. The police issued proceedings under section 43 of the Licensing Act against Thomas Lambert Smith for supplying liquor to the native. The information was dismissed by Mr. J. S. Barton, S.M., yesterday, one the grounds that the wording of the section, as argued by Mr. G. H. Ryan, levelled every person, whether a licensee or not, to a common status in such a manner that the law as to vicarious liability of master for servant did not operate. The section stated, inter alia, “that every person, whether licensed or not, who supplies liquor to a native is liable to summary conviction.” That an information aiming at the conviction of a defendant for another’s act could not be laid under the section named and for the offence alleged was the argument of counsel, who said he had looked into all the New Zealand authorities and had found no ease taken under that section to the end sought. Sergeant Henry contended that the barman’s acts extended to make the licensee liable. At his request the Magistrate said he would give a written judgment.

“TWO SHANDIES PLEASE.” POLICE SERGEANT OVERHEARS. PROHIBITED MAN PROSECUTED. When James Brew, a young Hawera blacksmith, placed a half-crown on the counter at the booth at the Hawera trots on February 7 and ordered “two shandies and a lemonade,” Sergeant Henry saw him. Brew had taken out a prohibition order against himself in February and he appeared before Mr. J. S. Barton, S.M., yesterday charged with a breach of his order. He was convicted and ordered to come up for sentence if called upon. “I ordered the drinks,” said defendant, “but I didn’t know it was an offence to drink on the racecourse booth premises.” Two or three men on several occasions, he said, asked him to “eome and have a spot.” He replied that he was prohibited and then they said, “Oh! you can obtain a drink in the booth all right; yah are allowed in there because the booth is not. licensed premises.” “Who were the shandies for?” asked Mr. Barton.

“One was for myself,” said defendant, “but I didn’t drink it.” “That’s the end of it,” said the Magistrate, as defendant had pleaded not guilty because he did not consume the ordered liquor but left it on the counter when Sergeant Henry spoke to him. “When you want advice on law you so to a lawyer,” said the Magistrate with a smile. '“When you want it on horse shoes go to a blacksmith.” Brew was a particularly hard-working and a first-class tradesman, said Sergeant Henry, but his trouble wi s drink. “I will give you another chance,” said Mr. Barton. “You must look upon the order as something to help you up and not curtail your liberty or keep you down. You are not entitled to liquor from- any source.” “Not eve n on the course?” “No,” concluded Mr. Barton, “not even on the course.” CAUSED SUFFERING TO HORSE. WORKED ANIMAL WITH SORES. Employing a horse with sores on its hip and'shoulder under the collar, and working the horse on the rough road at Ohawe beach was the offence in respect of which Roy Hayward at first pleaded not guilty and later pleaded guilty “with the right to explain.” Defendant was convicted and fined 30s, costs 10s, at the Hawera Court yesterday. John Leydon, employee and driver of the team when Constable Scannel inspected the horse on April 16, pleaded guilty and was convicted and discharged. The horse appeared to be in agony, said Constable Scannell, and was twisting sideways in the harness. Witness had had experience with horses before joining the force and he considered the animal to be in pain. All the sores were raw. , Ointment had been used, said defendant, and because the directions had stated the horses should he worked while treated he had not rested the horse. Three sores were merely heat boils and they disappeared in a couple of days. The horse had not been in pain and he had done all he could to properly tend the animals. The coital did touch the sore „n the shoulder, but the collar had been made soft at that part specially to ease the horse.

A good reputation for his care of his horses was given defendant by Sergeant Henry. ... . The opportunity of securing a veterinary surgeon to give expert evidence was presented defendant by the Magistrate. A conviction was entered, Mr. Barton commenting that when ointment was used, if the horse were worked, the collar should be recessed to alleviate suffering. DEMAND FOR STOCK. PRICES EASING SLIGHTLY. ' The continued dry weather has had an adverse effect upon pastures and feed is becoming scarce. This fact is being reflected in the cattle and sheep market and prices for the former have eased somewhat. There is a quiet demand for wethers and empty ewes, also a good demand for fat ewes and wethers. Both the latter have advanced in price considerably and it is the general opinion that prices will harden still more as the winter advances. The demand for store bullocks and eows has eased off considerably, owing doubt to shortage of feed and the

near approach of winter. Good paddoek eows are selling well at the sales, and the works’ buyers are operating freely in boners, etc. In-calf dairy heifers have been sold in fairly large numbers lately, but from what can be gathered the demand has slackened again for a while. Meaner Jersey heifers, of good colour and quality, have been selling well lately, principally to go north. Second and medium quality weaners are practically neglected, there being very little demand for them. Fat cattle are hard to obtain and are selling exceptionally well. It looks as though the prophecy of a little while ago, that fats are going to be very scarce and dear in the winter, is true. Exceptionally large yardings of pigs have been coming forward at the sales and prices have been easier tha n previously. The drop in price of porkers and baconers would probably account for the easing in price for weaners and stores.

WHISKY SUPPLIED NATIVE. BARMAN FINED £26. CONSTABLE SEES BOTTLE IN CART. “Wheedled into supplying a bottle of whisky to a native,” as his counsel described it, Leonard Smith, barman at the Okaiawa Hotel and son of tbe licensee ’was convicted by Mr. J. S. Barton, S.M., in the Hawera court yesterday 7 , when charged with that offence on April 2. He was fined £25, with costs 17s. Counsel for defendant, who had pleaded guilty, said to the magistrate: “You have made the fine very heavy, sir.” i “Why has Parliament placed £5O on the Statute Book as the maximum penalty?” asked Mr. Barton. Defendant had pleaded guilty, said Mr. O’Dea, and surely because of that he was entitled to leniency in view of the fact that Mr. Barton had said the fine would have been the same if defendant had been found guilty on a defended issue.

“'Smith began with a denial of the charge to the police,” said the magistrate. “‘lt is a serious offence and hard to detect. He pleaded guilty and, as Shakespeare said, is ‘making a virtue of necessity.’ He committed the act alleged at his peril.” A hottie of whisky rolled in a newspaper was the discovery of Constable Pigeon on the Normanby Road when he searched the dray being driven by a well known native. The constable had questioned the native as to the source of the liquor and he, after evasive replies, at length gave the name of the defendant at the Okaiawa, Hotel, where he had paid 14s Gd for the bottle.

The seriousness of the offence was stressed by Sergeant Henry, who said it had been reported to him that liquor was being supplied to natives, men and women, in the district ana that at tangi’s and Maori gatherings liquor was available. Some years ago native women were found drunk in the streets. A substantial penalty was asked for. “We have a large native population in this district,” said Mr. O’Dea, “and the defendant is not used to dealings with the natives, as he comes from a district where there are very few natives. With his father he is a stranger to the district.” The native race was susceptible to drink and was highly emotional, said the magistrate. Warnings not to supply natives had been given defendant’s father, said Sergeant Henry. FORCIBLY EJECTED. TRESPASS ON RACECOURSE. CAUGHT TWICE DURING SAME DAY. A jump over the turnstiles at the racecourse and a run along the street was the means of the advance on Claude Alfred. Gleeson by a group of policemen at the Hawera trots. Gleeson was a person prohibited from the racecourse, he having been convicted of bookmaking. He was warned to keep off the course when the constables caught up with him. Later, however, when the meeting was nearly finished, the police again saw him and forcibly ejected him. “Convicted and fined £5, costs 10s,” said Mr. Barton, S.M., yesterday after hearing the case on a plea of guilty. “The suggestion is,” said Sergeant Henry, “that this man is still carrying on the business of a bookmaker. He has been seen dodging in and out of hotels when race meetings are on.” He was fined £5O for bookmaking a short time ago.” “I have given up bookmaking and I don’t think I have been seen much about hotels,” said defendant. “I went on the course to see a man about a job and I was only, there ten minutes.” “But you were forcibly ejected the second time,” said the magistrate. “The meeting was finished, I thought,” said defendant.