The Licensed Victuallers' Gazette

New Zealand Illustrated Sporting & Dramatic Review, Volume XVI, Issue 910, 15 August 1907, Page 20

The Licensed Victuallers' Gazette

At Waihi last week, a man who was convicted of obtaining three weeks’ board at the Thames by false pretences was 'sentenced to a month’s imprisonment.

Last week, in the Wellington Police Court, Mrs. Weiss was fined £3 and costs on a charge of being privy to a sale of intoxicating liquor on unlicensed premises. A full report of the case is published in another column.

Two firemen belonging to the steamer Drayton Grange were last week fined for bringing tobacco ashore without having gong through the very necessary formality bf paying duty.

A commercial traveller named Charles Smith, who was a passenger by the express from Dunedin to Christchurch one day last week, fell dead shordy after the train reached Christchurch, presumably from heart failure. .

It is stated that opium smokers in the Northern Territory of Australia get through £1 worth of opium per week per man.

Mr. Findlay Smith is now in the Globe Hotel, Papakura, having taken that house over from Mr. David Morrison, who is now in the Crierion Hotel, Albert-street.

Mr. A. Thomas, who sold out of the Criterion Hotel at Otahuhu to Mr. R. Cameron, late of Panmure, has purchased Mr. J. R. D. Baker’s interest in the Newmarket Hotel.

Mr. William Jones is now in the Tuakau Hotel, having purchased Mr. Edward Quinn’s interest in that house.

A special report on the Northern Territory opium traffic has been written by Mr. W. A. Stretton, sub-Collector at Port Darwin. From this document it appears that ;£BBoo worth of opium, 3001 b in weight, is still smuggled yearly into Port Darwin, nothwithstanding the exertions of a small army of officials and Chinese spies. It is now proposed to have a detective permanently on board some of the Eastern vessels from Hong Kong, to assist, towards the effective administration of the Immigration Restriction Act, as well as towards the prevention of opium smuggling. Mr. Stretton is convinced that junior officials on the boats assist stowaway coloured aliens and smuggles.

Towards the end of last month it was reported from Marton that there had been a considerable row there on a Saturday night, the outburst of feeling being attributed to the fact that the crowd, numbering about 200, did not approve of the action of Constable Fitzgerald in a licensing case.

Last week the Marton Court was occupied all one day hearing the police prosecutions against persons taking part in the disturbance at Marton on Saturday night, July 27. John McKennon was fined £3 and costs for throwing an egg which struck John F. Sicely; Oswald Jefferson and James Freeman were convicted and fined each and costs for throwing stones and breaking the police station windows; and six others were fined £l. each and costs for creating a disturbance. One case was dismissed.

A Police- Court dialogue at Masterton : • —Bench (considerately). “We don’t want to send you to gaol if we can help it.” Accused: “No, Your Worships; it’ll do ye no good if you do.” Bench (sharply): “But it may do you some good, though.”. Later to same accused:— Bench: “Why, man, you are shaking with the effects of drink now.” Accused . (innocently): “Yes, Your Worships, it’s the water I have been drinking this moaning.”

Mr. Tom McEwin, late of the Papakura Hotel, has - taken over the Kaipara Hotel, Helensville, he having purchased Mr. Harry Priston’s interest in that house. :

Mr. Michael Ryan has purchased Mr. George Bishop’s interest in the Epsom Hotel.

At Wellington last week, at the annual meeting of the Licensed Victuallers’ Ascociation, the following officers were elected:—President, Mr. J. S. Palmer vice-presidents, Messrs. Hole (Timaru), Burke (Christchurch), Devine (Palmerston), Payne (Christchurch), McParland (Wellington), Kirkwood (Stratford), Foley (Auckland, and Rainbow (Hawera; treasurer, Mr. Donnelly (Wellington.

According to the “Hawke’s Bay Herald,” the estate of the late Mr. John Close, formerly grocer and draper in that town, has been proved by the executors. Seven shares in a local company are to be transferred to the Napier corporation, in trust to maintain the grave of the late Mrs. Close, the balance to be expended in a yearly gift of a ham and a bottle of ale to as many old people as possible on December 24 in each year. Another five shares are vested in the same corporation to provide a hundred weight of coal to as many poor people as possible on June 21 of each year, in commemoration of the birthday of Mrs. Close.

Mr. W. H. Bishop, S.M., of Christchurch, in dealing with a case of forgery, spoke of the gross negligence of people accepting cheques without inquiry. This was the cause of there being so many cases of forgery.

A witness in the New Plymouth Court last Monday stated that her husband had allowed her 30s a week with which to “keep house,” and out of that she had managed to save £7 or £8 a year. The Magistrate: “Not clothing, of course?” —“Yes, clothing, too.. We were up in the bush, and that didn’t cost much.” The magistrate remarked : “It’s a pity there are not more wives like you. You deserve to be complimented.” Later on it was elicited that there had been born a family of 11, of whom seven were still living. “And you mean to say that you managed on £7B a year?” queried Mr. Fitzherbert. “Yes, and often on less. For two years I don’t believe I had altogether, for Mr. had all our milk cheques. ”

Hops to the value of were exported from the colony last month. * * * *

The new duties in the Commonwealth of Australia came into operation last Friday. Amongst the increases in duties are: Tobacco 3d and cigars gd per lb.

In Sydney the Anglican Synod has shelved a motion favouring no-license, but carried an amendment approving of the reduction and control of hotels.

The invention of the typewriter has given employment to nearly a million women.

It has been incorrectly stated in the country press that Father Hays, who visited New Zealand on a temperance crusade, is dead. The Father Hays who died is not the temperance lecturer, but a priest of higher rank in the Jesuit Order. The temperance lecturer is now stationed in one of the English provinces.

The Otakeho Hotel, at Otakeho, Taranaki, was recently destroyed by fire. The building was occupied by Mr. A. Beattie.

The “Taihape News” states that for years grog has been illicitly sold in Utiki and other parts of Rangitikei district quite openly, one vendor on closing down his “business” publicly boasting that he “had cleared at the game.”

It was Lincoln who defined a hopeless inquiry as “a blind negro in a dark room looking for a black hat that is not there.”

A heavy London fog will cost for artificial light betwen and * * * * Last Saturday at the Ashburton Magistrate’s Court, Isabella Burgess was fined ;£io for sly-grog selling, and Edmund Morley was fined 20s and costs for sending liquor into a no-license district insufficiently labelled. » * * *" In the Wellington Police Court last week, Albert Edward Derringer and Frank . Robert Gray pleaded not guilty to a charge of obtaining by means of false pretences board and lodging to the value of £3 each, from Mrs. Julia Parsons. Evidence was given by the. prosecution to show that Gray went to , the. Waverley Private Hotel, of which Parsons is the proprietress, on July 18th. About a week later, in answer to a question, he said he was employed by Alcock and Co., as a repairer of fcjtlfiaxd tables. His Worship thought case had been made out against ringer, who would charged.. Gray w.ould be fined ordered to phy the amount owing, well as the costs of the case ( in default/, one month’s imprisonment. The ' cution stated that Gray previously had been convicted of theft. * * * * Mr. Michael Corcoran has taken over the Te Rerenga Hotel at Te Rerenga, from Mr. Thomas Thompson. * * * * A contracting painter and decorator, of Wellington, who recently filed his petition in bankruptcy, said that he “had the work of about 33 hotels, and his expenses in these houses came from 10s. to 15s per day, but it all came back in the price of the work.” It is now up to hotel-keepers to do a think. Everyone who knows Mr. Lindsay Cooke will sincerely hope that we are not going to miss him for long from the ranks of Auckland’s hotelkeepers. He is just selling out of the Metropolitan Hotel, where he has for some years kept up the reputation of a first-class hotelkeeper, which he deservedly gained during the years he was in the Albert Hotel. There is probably no . hotelkeeper in these colonies better known than Lindsay Cooke, and we hope to see him in another hotel very shortly.

Mr. John Morrison, late of the Royal Hotel, Victoria-street, has purchased Mr. Lindsay Cooke’s interest in the Metropolitan Hotel, Queen-street, and takes possession on the 26th inst. Mr. Morrison is one of the most experienced hotelkeepers in the Auckland province, and has always borne the reputation of being one of the best in the business. He will no doubt make a great success in his new undertaking. Some little time before going into the Royal Mr. Morrison was in the Metropolitan, so that he is thoroughly acquainted with the house and its patrons.

Mr. F. T. Lipscombe took over the Globe Hotel, Wakefield-street, from Mr. W. G. Smith yesterday.

Mr. William White has purchased Mr. George Wallace’s interest in the Alpha Hotel, at Kihikihi

Mr. Poole, the gentleman who honours the electors of Auckland City West by representing them in Parliament, recently stated that he had no hesitation in saying that a fair proportion of the monjey paid in old age pensions went directly/ to the coffers of the liquor trade. 'The Premier however pointed out that: there"', were 13,000 pensions in the colony; 1 but ■ only 150 to 200 convictions for drunken-"' ness has been recorded. /Mr.;. Poole’s statement throws an unmerited: slur on p--deserving body of old ; pjeople who (have possibly accomplished 'hibresfor. the .good of the colony than ma'nyj 'of*.its so-called'' legislators have done, -who" 'are'-dn receipt <•' of £3 OO a year.

A PLEASANT CEREMONY.

To be appreciated and popular alike with the guests and the staff of the Royal Hotel was the enviable position of Mr. J. Morrison, who recently sold out of that hotel. To mark the occasion, the staff, to show their appreciation, presented him with a handsome illumninated address, expressing their high appreciation of the fair and impartial manner in which he and Mrs. Morrison always treated’ them. Mr. Tooman made the presentation on behalf of the staff, and in a few . .nicelyselected words expressed the regret- of one and all at Mr. and Mrs. Morrison.’s departure. In the evening Mr. MacMahon, on behalf of a large number of guests and friends, tendered to Mr. .and Mrs. Morrison a purs ( e of., sovereigns with.,, their best wishes- for future welfares. The staff also prgsepted Mrs, with a health of the host *ahd hostess, as well as the incoming proprietor, Mr. W. Woodward, was jk,upß> with musical fitonours. i l ’ NT' >T O LICENSEES. j.:’. . .r“”“ • In the Gisborne Police Court last Friday the Magistrate ..imposed, a fine of £5 find, costs against the . licensee of the Alb on Hotel, on a charge of permitting drunkenness. This being - the first case as. far as he was aware in which the question was raised as to the right of a licensee to permit, a lodger,, while in a state .of intoxication, to be in the public portion of his licensed premises, the Magistrate refrained from ordering the conviction to be endorsed on the license. In giving judgment Mr. Barton, S.M., ruled: “I am of opinion that it is the duty;-, of a licensee, or his representative, in case of a lodger being on his licensed premises in a drunken state, to either order h'.m to go to his room or to leave the premises altogether, and . if a drunken pej.SQrt;jS permitted to remain in a public part of the premises the licensee is guilty of permitting drunkenness to take place on his. premises. In this case the drunken person was permitted to remain ; n the public bar for about half-an-hour, without any attempt being made to remove him. I am of opinion, after considering all the circumstances of the case, that, nothwithstanding the fact of the man Feeney being a lodger, defendant has permitted an offence by allowing him to remain in-a public part of the house; in a drunken state. A licensee is clothed with full authority,. to rid his premises of drunken persons.’’ POSSIBLE LEGISLATION. 11 '■'■■'-■I ' I The report of the New Zealand Licensed Victuallers’ Association, presented at the annual meeting, states that the question of possible legislation is invested with more than ordinary importance at this session of Parliament, firstly from rumours that are in the air, second-

ly from the known predilections of at least three members of the Cabinet.

The proposed Amendments to the Arbitration Act and the Shops and Offices Act will be watched with interest, in view of the activity of the labour unions. Ip reference to the important part taken by the Health Department at the annual licensing meetings, the report states that the question arose in more than one district as to whether suggestions of the Department were not bordering on tyranny.

Referring to the no-license question, the executive urges on members the necessity for more organisation in view of the poll to be taken in 1908, and points to the examp'e shown by the no-license party in this respect.

A WINE CASE. From the “New Zealand Times” we get particulars of the case in which Emily We’ss was charged with having on July 20th, at Wellington, sold wine without being licensed to do so. There was a second charge against defendant of being the occupier of unlicensed premises on which liquor within the mean’ng of the Licensing Act, 1881, had been sold. Sub-Inspector O’Donovan prose cuted, and Mr. D. M. Findlay defended Mr. T. M. Wilford watched the proceedings on behalf of Mrs. Weiss’s son, Frederick.

Sub-Inspector O’Donovan stated that Mrs. Weiss’s license had been determined on May 21st. At that date Mrs. Weiss had a quantity of wine in her shop, situated at 57a Willis-street, and it was the object of the prosecution to show that after that date wine was sold in quantities of less than two gallons, to be consumed on the premises. Dr. Maclaurin, Government Analyst, stated that on July 22nd a probationary constable handed him a small bottle (produced) containing two or three ounces of wine for analysis. The bottle was sealed, and was in a sealed envelope. He analysed the wine,, and found it to contain 10.07 per cent, of absolute alcohol by weight, and 21.87 per cent, of proof spirit by measurement. It was decidedly intoxicating, containing aboui twice as much alcohol as ordinary beer. Ernest Alexander Regan, a probationary constable, stationed at Mount Cook, deposed that he went, with two other probationers, to the premises of accused at 57a Willis-street, at 8.15 p.m., on Saturday, July 20th. He called for three glasses of wine, for which he paid qd, and which was served by Frederick Weiss. Smithers, one of his companions, also called for three drinks, which they got. Witness put his drink in a bottle, and took it away for analysis, as he had been instructed. He went back with Smithers on the night of the Monday following, when wine was also supplied . A. J. R. Smithers, also a probationer at Mount Cook, corroborated the evidence of the witness Regan as to the buying of wine on the Saturday night. He deposed also that on the occasion of their visit on the Monday night they asked for wine, and were asked if they wanted grape wine. They got wine, which tasted like port. It was much the same as they had had on Saturday night. They did not keep a sample of that wine. Witness asked if they could have a bottle of the wine they had just had, but they were told that they could not, as it would not keep for more than a day. They were told that the only wine which was sold in single bottles was ginger-wine. Witness saw some red Karenga wine on a shelf, and they had a taste of it. They were told it was not sold in smaller quantities than two dozen bottles. On Monday night he saw Mrs. We’ss sitting in a back room; she seemed to be reading. B. E. Church, the third probationer who visited Mrs. Weiss’s premises on the Saturday night, supported the stories of the previous witnesses. He was not present on the Monday night. Sergeant Dale said that on July 25th he visited Mrs. Weiss’s shop, and told her that three probationers had there bought wine which had been found to contain alcohol. The probationer Regan was with him, but Mrs. Weiss did not recognise Regan. Mrs. Weiss said she had no alcoholic liquor in the shop. She said she had handed over the business to her son, Frederick. Regan was not recognised by Frederick Weiss as a man to whom wine had been so'd. Weiss said, “If it has been analysed there must be a conspiracy with the police.” Charles Watson, an assistant in the shop, remembered Regan, whom he said he had served with ginger-wine. A. H. Holmes, clerk of the Magistrate’s Court, Wellington, and clerk of the Wellington Licensing District, gave formal evidence, proving accused’s occupancy of the premises at 57a Willisstreet.

Mr. Findlay, in opening the defence,

submitted that the case was not one for a jury, and expressed his intention to go on with the defence at once. His defence would be based on two grounds. First, the business was not, at the time of the alleged offence, the property of the defendant, but had been handed over to her son, Frederick Weiss. Second if the defendant was considered to have any connection with the retail business she was not to blame in the present case, as she had taken every precaution against violating the law. He had no doubt that H’s Worship would believe that defendant was not in any way a party to the sale in question. Her son, Frederick Weiss, was the only one who had supplied liquor to anyone. Mrs. Weiss was not even present on the Saturday night when the probationers called. Defendant had handed over the retail part of her business to her son by a perfectly legal document (produced), and she had control solely of the wholesale branch, which was quite separate from her son’s business. In order that a conviction could be registered against accused, it must be shown that there had been connivance between her and her son. This the prosecution had failed to show, and he held accordingly that the information mus: be dismissed.

Evidence for the defence was given by Mrs. We’ss and Charles Watson, a man in her employ in the business. After hearing the evidence, his Wor-

ship held that the first charge against accused had not been proved, and the information would be accordingly dismissed. On the second charge he would reserve judgment.

Frederick Weiss was charged that on July 20th, 1907, at Wellington, he did sell certain liquor within the meaning of the Licensing Act, 1881, without being duly licensed to sell the same, nor