LICENSEE CHARGED

Wairarapa Daily Times, 13 October 1933, Page 5

LICENSEE CHARGED

ALLEGED AFTER-HOUR TRADING. CONFLICTING STATEMENTS. The hearing of four charges in respect to offences against the licensing regulations, preferred against Frederick Broughton Brough, licensee of the Tauhorenikau Hotel, were heard in the Magistrate's Court, before Mr J. Miller, S.M., this morning. They were: Keeping open hotel premises after hours for the sale of liquor; allowing liquor to be consumed on the premises; selling liquor, and supplying liquor to a Maori woman. Sergeant Dyer told the Court that the charges followed the arrest of Edward Tamahau Kingi on a charge of being intoxicated while in charge of a car. Kingi, he said, had an accident on the north side of the Waiohine Bridge on the night of 29th May last, when returning from a visit to Wellington. The car left the road and went through a fence, resulting in serious injury to one passenger and lighter injuries to others. Kingi was subsequently convicted on a charge of intoxication while in charge of a car. Evidence, said Sergeant Dyer, would be brought to show that on the way back from Wellington, Kingi called at the Tauherenikau Hotel and was supplied with liquor and also half a dozen bottles of beer. When Kingi ■was arrested a quantity of liquor was found in the damaged car. Mr Lawson, of Featherston, appeared for the defendant Brough, who pleaded not guilty. _ • After the hearing of evidence Mr Miller dismissed all four charges against Brough, but said that the case was a very suspicious one. He had to be guided by the sworn evidence before the Court, and not by statements made outside. Mr Miller observed that the whole truth had not been told by the witnesses, and it would be unsafe to convict on the evidence of Mrs Walker, who was drunk at the time.

The .first police witness, Edward Tamahau Kingi, when placed in the witness box, made some conflicting statements in regard to where he got the liquor on the night of 29th May. I-Ie admitted making a statement to the police to the effect that liquor had been obtained by him from the defendant. When questioned by Sergeant Dyer, witness said that some parts of his first statement to the police were false. Sergeant Dyer: “Where did you get the liquor from?” Witness: “I got it at a Wellington hotel.”

Sergeant Dyer: “Which hotel did you get it from?” For a minute the witness remained silent, and after admitting that he was not drunk in Wellington, said he got the liquor from a friend. On the Magistrate asking witness for the name of the friend, he then said lie had got the liquor himself. At a later stage the witness said he had not got the beer at Wellington, but had got some whiskey there, and to Mr Lawson stated that he had not got any liquor at the Tauhercnikau Hotel on the night of 29th May. Asked to account for his movements between the time of his arrival in the Wairarapa and the time of the accident, about four hours later, Ivingi said he had called at the Tauhercnikau Hotel, conversing with the defendant for about three-quarters of an hour. He later went to a billiard saloon in Greytown and to a dance in the Oddfellows’ Hall there. Evidence was given by the wife o± the previous witness. She said she did not know where the beer found in the ►ear had been procured. Constable Robertson gave evidence regarding the arrest of the witness Kingi, and the finding of the liquor in the car. In answer to Mr Lawson, witness said that Kingi had not made any application to alter his statement made to witness. Constable O’Connor gave evidence on similar lines, and said that Kingi was found in the car, making an attempt to drive it, despite the fact that one of the wheels was badly buckled. • The Court then adjourned to the Masterton Hospital to take the evidence of the passenger in Kingi’s car, who was severely injured. On the rospmption of the hearing m the court-house, evidence for the defence was taken. The defendant denied supplying liquor to either Kingi or his two women passengers on their return from Wellington. He had supplied Kingi with one drink in the morning, when on his way to Wellington. Kingi called at the Tauhercnikau Hotel on the night of 29th May, and asked for accommodation, but witness recognised him as a resident of Carterton and told him that he did not want accommodation at his hotel. Kingi also asked for some “spots,” but was not supplied, and Kingi then said they had plenty, and showed witness a bottle of whisky, but not the beer. Defendant said he had not seen Kingi’s wife or Mrs Walker, a passenger, on the hotel premises. The women were in the car when lie was talking to Kingi at the door of the hotel. He denied supplying agm to Mrs Walker, and also that he had gone purposely to Kingi about the case. He had met Kingi on the street in Carterton and said: “That is a nice thing you put up on me. You never got any liquor at my place.” . On the conclusion of the case foi the defence, Mr Lawson submitted that the case for the prosecution was weak, and that the evidence of Mrs Walker should bo disregarded, as she was drunk at tlib of aiding in the sale of liquor after hours against Kingi was dismissed.