LICENSEE CHARGED

Waikato Times, Volume 116, Issue 19430, 3 December 1934, Page 8

LICENSEE CHARGED

ALLEGED ILLEGAL SALE. MAGISTRATE RESERVES DECISION. ECHO OF RECENT SUICIDE. An echo of the suicide of John Milne, aged 22 years, who was found dead in Parana Park on the morning of November .5, was heard in the Magistrate’s Court, Hamilton, to-day, when Keith Reginald 'George Dormer Gilmour, licencee of the Commercial Hotel, was charged with keeping liquor for .sale after hours and with supplying liquor to John Milne after hours. Mr S. L. Paterson was on the bench. Senior Sergeant J. J. Power conducted the case for the police, and Mr* N. S. Johnson represented defendant. Percy 'Graham 'Russell stated that he had" met Milne at the -St- Andrews golf links on. Sunday, November 4, and had driven him to Hamilton at about 6.30 p.m. Milne had been dropped opposite the Commercial l-lotel. He was quite sober and was carrying a suitcase. He had. no liquor on him to witness’s knowledge. Constance Rose Vorback, head waitress at the Commercial Hotel, stated that Milne had dinner at the hotel by himself on Sunday, November 4. He came into the room at >6.45 p.m. He was carrying a suitcase, but had no liquor on him or with his dinner.

Patrick Victor Entires, taxi-driver, deposed that he called for Milne on Sunday, November 4 at the Commercial Hotel at about 6.30 p.m. Milne ■was carrying a suitcase and some beer and desired to be driven to Grey Street. He was sober. Milne took the bottles of beer out with him when he left the taxi.

Had Four Bottles of Beer. Raymond Manderson stated that Milne called at his house at about C. 30 p.m. on Sunday, November' 4. Milne had a suitcase and was carrying four large bottles of beer. Witness invited him in and some of the beer was consumed. Milne left at 8.45 p.m., taking two full bottles of beer with him. He came back in an hour, and later left in a taxi with two lady friends whom witness’s wife had entertained to tea, Detective-Sergeant J. Thompson stated that John Milne was found dead in Parana Park on the morning on November 5. He had been poisoned, and at a coronial inquiry a yardict was given that Milne committeed suicide. Witness rang defendant on the Monday. Gilmour said that he had not seen Milne the previous day. Defendant went and made inquiries and found that Milne had had tea there. At the coronial inquiry defendant had said that he did not know anything, about the four bottle of beer taken from the hotel by Milne. Asked if he had any idea how Milne could have secured the beer defendant stated that Milne might have ordered the beer and had it brought into Die d lining room. In a written statement defendant stated that lie had supplied no one with liquor that day. This ended the case for the prosecutor and Mr Johnson asked for Die charges to be dismissed, 6S he was or the opinion that the prosecution had not produced a prima face case. Mr Paterson stated that he was satisfied that Milne had beer, and the onus rested with defendant to prove that the liquor had not been supplied after hours. Case for the Defendant.

Defendant was then called and stated that he had not seen Milne on the Sunday, though on Monday morning, on making inquiries, lie found that he had had dinner there on Sunday evening. Witness saw Milne at dinner in the hotel on Saturday evening. A porter named Reed who was relieving was on duty on the Sunday. He could not have possibly supplied Milne or anyone with liquor, as witness had the only keys to the bar and he had not opened the doors that day. Robert Reed, porter, stated he was a porter and was relieving at the Commercial Hotel for a fortnight. On Saturday, November 3, Milne came into the hotel after 5 p.m. and entertained three ladies in the lounge at the top of the stairs., ' Milne ordered four large bottles of Timaru after .they had some rounds of drinks and witness took the bottles to Milne, who paid for them. When he went upstairs again Milne and his party had gone. The bottles were not in the lounge. Witness saw Milne again on Sunday shortly before 7. o’clock, and ordered a taxi for him. Milne had spoken from the top of the'"stairs and asked for the taxi. Witness did not see Milne leave. Milne had not asked for liquor and if he had witness could not have suppled ■him without obtaining tile keys from Mr Gilmour. Mr Johnson stated that his client knew that it was an offence to order and pay for beer during hours and to collect "after hours, and Milne had no authority to store beer in the hotel. Deceased left a golf cup and several other tilings at the hotel and counsel considered it was highly probable that Milne had concealed the beer on the Saturday and collected it on Sunday. Then, again, Milne might have had the beer in his suitcase which lie took to the hotel. He might have put his qlothes in and taken the beer out, preferring to carry the bottle • rather than articles of clothing. Mr Paterson reserved his decision.