JUDGMENT RESERVED.

New Zealand Illustrated Sporting & Dramatic Review, Volume XV, Issue 870, 8 November 1906, Page 20

JUDGMENT RESERVED.

At the Thames Police Court last Monday, W. Mooney, licensee of the Wharf Hotel, was charged with exposing liquor for sale on the evening of Sunday, October 14, and also with having his licensed premises open for the sale of liquor on the same date. Mr Clendon appeared for the defence, and pleaded not guilty to both charges. Evidence was given by Sergeant Darby and Constable Berry to the effect that on the evening in question they saw four men standing at the bar slide, which was open, and Mrs Mooney was inside the bar. There were four glasses of beer standing on the shelf of the half-door, and one of the men had a partly-empty glass in his hand. There were also two other men sitting on the foot of the stairs close to the bar. Witnesses admitted that of the four men standing at the slide three were boarders, and that there was no evidence to show that the fourth man (who was not a boarder) was participating in the drinking further than he appeared to be slightly elevated. Mr Mays, for the prosecution, contended there was a clear breach of the Act in that the outer door was also open, and liquor exposed for sale. He did not press for a heavy penalty, or for endorsement, as this was merely a test case to show that it was illegal for the licensee to have the bar open and liquor exposed, although only for the purpose of selling to bona-fide boarders. Mr Clendon contended that no case had been made out by the police, inasmuch as the bar was only opened for the sale of liquor to boarders, which was perfectly legal. A large number of witnesses were called for the defence to show that no liquor had been sold to others than boarders. Evidence was given to this effect by Mr and Mrs Mooney, and by all the persons who were in the house at the time of the police visit. Judgment was reserved.