ON CONSECUTIVE NIGHTS

Taranaki Daily News, 6 August 1932, Page 5

ON CONSECUTIVE NIGHTS

POLICE VISIT WAITARA HOTEL CHARGES AGAINST NINE PERSONS MAGISTRATE RESERVES DECISION. Police.'visits to the Waitara Hotel on the evenings of July 20 and 21' were responsible for ’ licensing charges brought against nine persons in the Police, Court yesterday. Mr. R. W. Tate, S.M., reserved’decision on all the cases, saying that he would announce his conclusions at New Plymouth, probably on Monday. ’..The first series of cases arose out of Constable .J. A. Tocher’s visit to the hotel at 8 p.m. on July 20. Bert Leslie was charged that being a person other than the licensee he supplied liquor during prohibited hours to William Montgomery St. George. W. M. St. George (a carrier), Joseph William Fitzsimmons (a labourer) and William Telfar (a contractor) were each charged with being unlawfully on licensed premises after hours. All of them were represented by counsel and all pleaded not guilty, < Constable Tocher 1 said he visited the Waitara)- Hotel about 8 p.m. on July 20. He heard voices in the bar, listened a few. minutes, and knocked. The door was opened by Bert Leslie, sbn of the licensee. St. George and Fitzsimmons were standing at the counter. Glasses were in’front of each. Telfar was further along the bar. ’St. George eaid Leslie had telephoned him ■ that evening to ask him to allow his son’ to take Leslie’s sister to New Plymouth to see her mother in the hospital. St.’George, sen., was then waiting for his son’s return. He said the drink was of soda, bitters and a little gin, and that no payment had been made for it. <• ' Fitzsimmons said he had gone to the hotel to-' see Bert Leslie. A glass in front of Fitzsimmons was claimed by Leslie, Telfar had no excuse and said, “And Pye had no drink, worse luck.” Leslie was told he had no business to have the men in the bar. “What about ‘ them being my guests ?” asked Leslie. His mother, the licensee, was not on the premises at the time. ' Cross-examined, the constable said he could not recall discussing with Leslie the fact that Fitzsimmons and Telfar were his close friends. He was never told that while St. George was waiting for his, son to return was helping Leslie to clean the bar;'he doubted the explanation. These men were not the usual type of after-hour traders frequenting country hotels, said counsel. St. George was there as-the guest of Leslie. He had taken in his car to the hotel for his son to take Mrs. Wheeler (Leslie’s sister) to . New Plymouth. The father, an old licensee, stayed in the bar with Leslie waiting for his eon to return in Leslie’s car, which he had taken instead of his father’s. Leslie, sen.j helped him4elf to a straight bitters and soda. Fitzsimmons and Telfar had called to. inquire after Mrs; Leslie’s health and neither was supplied with drink. < Bert Leslie gave evidence on the lines indicated. He said Telfar and Fitzsimmons, were in the bar only about four minutes before the r constable’s arrival: Witness had a straight beer while he was with St. George. While they were in-the bar Telfar and Fitzsimmons en-

tered. ’ THE NEXT NIGHT. . On the following night the constable again font to the hotel,'this time at 10.30 p.m. As a result the licensee, Mrs. Kose Ann Leslie, was charged with' keeping the premises open for the eale , of liquor after hours; with exposing liquor for sale after hours; and with selling liquor after hours. Alexander Donald Mackenzie (grocer’s assistant), Douglas; Telfar (labourer), and George Stimpson (labourer) were each charged' with being found unlawfully on .licensed ' premises. Joseph Carmichael (labourer) was charged that being a-person other than the licensee he supplied liquor during prohibited hours to Douglas Telfar. Mackenzie, Telfar and Stimpson did not appear; The others were represented by counsel,. ; Mrs. Leslie pleading n " guilty, and Carmichael admitting his offence. . ‘Constable Tocher said that at 10.30 p.m. in; the commercial room he found Stimpson and Mackenzie sitting by the fire. On the mantelpiece were three glasses. One contained beer. A third glass , containing stout was in, the centre . of the -shelf. Mackenzie said he was baching, his wife being at Hawera, and that he was staying the night. Stimpson said ha was' staying the night. Their names were not in the lodgers’ book in the office, where the constable went to look. On. his return, he noticed that the . third glass had /been The two men said they had not booked in because they were waiting for Bert Leslie to return from town. They said the glasses were not theirs. The bar door was opened by Carmichael. Inside . was Telfar with a glass in front of him. Carmichael said, “We have found we are distantly related. The boy asked me for * drink, and I shouted him.” Telfar then returned to the counter and consumed the rest of the liquor in the glass. Telfar eaid, “It’s quite all right. I’ll .be going home now.” With that he left. “Whose drinks are those on the mantelpiece in the commercial room 2” asked the policeman. ,V “What drinks ?” asked Carmichael. “Mackenzie'and Stimpson are there,” said the constable. “Did they ask you for any food, lodging or liquor?” “No,” replied Carmichael. “Don’t tell Bert about this,” he added, later. Neither Mrs. Leslie nor Bert Leslie was in the hotel at . the time.

■ INSTRUCTED NOT TO SERVE. John Carmichael was witness’ mother’s brother, said Bert Leslie in evidence. He was about 50, and owing to being injured in the head during the war was able to do. only light work. He .was an “odd job” man. Though not employed in the hotel, during Mrs. Leslie’s illness he had assisted there. Witness was at the New Plymouth Hospital to see. his mother that night. Carmichael had no authority, to sell liquor during . the absence of ■ his sister and nephew. Before going to -New; Plymouth witness gave Carmichael the keys, telling him to admit no one tb the bar and to serve no drinks except to boarders. . ■ , To the constable: After he returned home .Mackenzie and Stimpson asked him to book them beds. He refused them, and they went away. Counsel: Why? Leslie: Because they live in Waitara. Counsel: Because they have homes in Waitara and you considered their own beds the proper places for them?—Yes. Counsel; Well, it is satisfactory to know of a licensee who will take up that attitude. -The magistrate: It is the best thing w* have yet heard in the case. Counsel said the Leslies had a long and good record as hotel licensees and were not dependent on after-hour trading. As a matter of fact, Mrs. Leslie, who was still ill, was greatly distressed by the prosecution and much of the good done in hospital had been undone. Ho submitted that- Bert. Leslie could not delegate the authority, of his mother to Carmichael. As Carmichael had pleaded gqilty, Mrs. Leslie, who was not on the