LIQUOR CHARGE

Timaru Herald, Volume CLVII, Issue 23186, 27 April 1945, Page 2

LIQUOR CHARGE

Information Dismissed A charge of supplying to a person under 21 years, and a further charge of supplying liquor after hqurs, against Patrick Francis O'Boyie, a barman, ■was dismissed by Mr G. G. Chisholm, S.M., in the Timaru Magistrate's Court yesterday. A car at' the West End dance hall containing five bottles of beer had come under the notice of Detective W. S. Cunningham and a constable. When accosted, C. W. Christian, aged 18. said that he had bought two bottles from O'Boyle, who denied all knowledge of the transaction, said SeniorSergeant S. King. Christian said that he had visited the Royal Hotel at 9 p.m. and after ringing the bell was admitted by a woman. He went into the bar and with a friend had three beers, the barman. O'Boyle, shouting a round. He had also bought two bottles of beer. It was the first time he had been in the hotel.

Detective Cunningham said that Christian had stated that he had bought the beer from the Grosvenor Hotel and had gained entrance by the back way. Under cross-examination by Mr F. D. Sargent, who appeared for defendant, Christian admitted that he had made a statement, but later had been approached by someone acting on behalf of the Grosvenor Hotel and he had altered his statement involving the Royal Hotel. It could not be accepted that Christian gave wrong information to shield the Royal Hotel, said Mr Sargent. On Christian's own admission his first statement was a lie. As an accomplice it would be dangerous, as was established in Common Law. to accept such evidence without corroboration. The friend with whom he had had the drink should have been called to give evidence. On that- and other points enumerated, Mr Sargent asked the Magistrate to dismiss the charge without hearing the evidence of the defence.

The charge would be dismissed on the grounds that there was no corroboration of Christian's statement, said the Magistrate. It was feasible that Christian thought himself under an obligation to protect the Royal Hotel and for that reason had made a false statement.