LIQUOR AFTER HOURS

Waikato Times, Volume 127, Issue 21198, 22 August 1940, Page 6

LIQUOR AFTER HOURS

PLEA OF SALE BEFORE SIX MAGISTRATE NOT SATISFIED (Special to Times) CAMBRIDGE, Wednesday The licensee of the Central Hotel, Walter Henry Cuthbert, was charged in the Magistrate’s Court with selling liquor after hours on July 20; also with opening his premises and exposing liquor for sale after hours. Defendant was represented by Mr N. S. Johnson, of Hamilton. Constable H. C. Maisey said he saw a man, Kenneth McCallum, come out of the backyard with some liquor. McCallum stated that he had purchased the liquor earlier in the day and had gone back in the evening to collect it. He had been shown out the back way by the licensee. In reply to Mr Johnson, Constable Maisey agreed that the Central Hotel was generally well conducted. Submission For Defence Mr Johnson said the defence was that the sale of liquor taken by McCallum out of the hotel at 6.15 was made before 6 p.m. Actually a man named Marshall made the purchase of 12 bottles of beer, between 5.30 and 5.45. They went to the back of the hotel and stayed there for a time, not realising it had gone six o’clock. When they were about to re-enter they saw the police and remained in the yard. Subsequently the proprietor saw them there and he was told that the men had left the 12 bottles of beer on the counter. They asked could they get it. It was given to them, and after the man McCallum had left the hotel he was spoken to by the police. Mr Johnson quoted authorities to support his contention that a sale and appropriation of liquor had been made before 6 p.m., and that if an offence had been committed, then it was only a very slight technical one. Sidney Harry Hoskin, barman at the hotel, said he was on duty in the public bar. He saw McCallum and a mate in the bar when he came on duty at 5 o’clock. Witness served them a few times. Between 5.30 and 5.45 they gave an order for a dozen bottles of beer. The beer was wrapped up and placed on the counter. There was no chance that he had wrapped up the beer after 6 o’clock because he was out of the bar promptly after six. Evidence Corroborated James Wehipeihana, barman, said Hoskin worked in the bar on Saturdays between 5 and 6 o’clock. Witness served liquor to McCallum and Marshall several times during the day. He corroborated the previous witness’ evidence as to the pare-*) of 12 bottles being on the counter before 6 o’clock. The defendant, Walter Henry Cuthbert, said he was quite definite that the 12 bottles referred to were in a parcel on the bar at three minutes past six. A few minutes after six he went into the backyard to see if everything were clear. The two men were at the back door and told him they had left the 12 bottles in the public bar. He eventually went in and got the beer for them. The magistrate said he was not satisfied that the liquor had been purchased before 6 o’clock. Some of the defence was unreliable. Defendant was and lined P 1 a*-<H I*b