ON THE PREMISES. William Leathem 1918

This is a story about my great grandfather William, I am sure he was set up, the police did say they were right behind them following them, decide for yourself.

Molong Argus NSW

15 Nov.1918. 

(BEFORE the P.M )

ON THE PREMISES. 

William Leathem, Alexander Simpson, and Albert Hodges were charged with being on the licensed premises of the Freemasons" Hotel, Molong, during hour when the premises were not supposed to be open for business, viz. at 9 45 pm, on 26th Oct.  Geo. Willis, licensee of the premises, was also charged with allowing persons being premises without lawful excuse at a time when the premises should not be open for business.

Mr Kelly appeared for the defendant, who pleaded not guilty, it was decided to take the cases together.

Sergt Bool, deposed: On 26th October about 9 45 pm, in company with Constable Frankish, I saw the three defendants near the Freemasons' Hotel ; saw them go towards the hotel; we followed them into the hotel from Watson street, and found them standing at a servery at the bar of the hotel;

Alexander Simpson was drinking out of a glass, which he placed on the counter, partly filled with what appeared to be beer; the licensee and his wife were in the bar and removed the glass; Hodges put a glass down, which was also removed;

Leathem had a glass which I obtained-It smelt of whisky in reply to a quotation by me to why they were on the premises, Willis said, “They have no right to be here, Sergeant."

To Mr Kelly. I swear I spoke to Willis, Leathem had a glass to his month; I will not swear Simpson was drinking liquor, but be appeared to be no mention was made about boarders;

Mrs Willis could have heard all the conversation; Willis did not say to Constable Frankish that he had not served the defendants, and that he had just served two boarders and was having a drink himself before going to bed. 

Constable Frankish corroborated the Sergeant's evidence.

To Mr Kelly: The Sergeant forcibly took the glass produced from Leathem, This was the case for the Police.

William Leathem, deposed:

On 26th October I was in the Freemasons' Hotel at about 3 30 pm in the company with Simpson, and Mr Willis said, ‘You are just the fellows I want to see, I want to change my avert,” I said "Give it us now,” as we want it on Monday morning he replied, " I am busy now, call in after tea-you can come to see me on business in the evening.”

I saw Simpson near Cahill'a and Hodges came up to us as we were talking; he asked where we were going, and we said, “Down to the Freemasons' on business Hodges said, '. I'm going down there myself to see if I can get some change;”

on the way down we passed the police; we went in the side door, and I went to the private parlour and asked the girl where the boss was; and she said in the bar;

I went to the bar, bar saw no one there I picked up a glass which was on the ledge and rapped with it; there was another glass on the ledge ', at that moment the police came in Sergeant Bool asked me for the glass and I gave it to him ; none of us had any liquor; I got the change of advert  on Sunday morning.

To Sergt Bool: There was no light in the bar; I swear you did not catch me by the coat to take the glass.

Alexander Simpson, gave corroborative evidence, except that his business was on account of the Argus; he had no beer, and no time to get it if be wanted it, before the police came in; be got the change of advt. spoken of on Sunday morning.

Albert Hodges, baker, deposed that he went to the hotel to get change of silver, as he wanted silver in the shop and on the cart on Monday morning before the banks open; he had no liquor on that occasion, and had no glass to his lips when the police came in.

Geo. Willis, licensee of the Freemasons' Hotel, corroborated the evidence given by the previous witnesses are the change of Avert, and also Mr Hodges calling for change.

Before the defendants came on the night in question, shortly before the police came in, I served two borders, Ryan and his mate with a beer and a brandy, and Ryan left part of his beer, the glasses were left on the ice chest;

I saw the defendants and the police all at once; served no liquor to them, and they asked for none; when the police come there were two glasses on the ice chest, one partly filled with beer;

Constable Frankish was the person who spoke to me, I didn't hear the Sergeant say anything;

Frankish said “What are these men doing here.”

"I didn't see them until I saw you; I was just about to have a drink and go to bed,” he said,  ”these men must have had a drink, as the glasses are there;” 

I said “I just served two borders;” the bar was not lit up; I am positive the defendant were not served with drink, nor did they ask for one.

G.V. Wigg, part proprietor of the Molong Argus disposed to receiving the change advertisement referred to from Simpson, who was in his employ, on the Monday morning.

Mrs Willis (wife of the licensee of the Freemasons' Hotel) deposed to being in the bar with her husband at the time tho police came, and no liquor was supplied to any of the defendants.

Hetti Dickman, waitress, disposed to W. Leathem asking her where Mr Willis was, as he wanted to see him on business, and her telling him he was in the bar.

This concluded the case for the defence.

Sergeant Bool, recalled by P.M. said: I have no doubt Simpson was drinking out of the glass, and Hodges has a glass to his mouth;

I was only about 10ft away at the time; (he did not want to correct his stamen in any way)

Constable Frankish also declined to modify his evidence, he said, was absolutely correct.

Mr Kelly then addressed the Bench at Some length, claiming that the case should be dismissed.

                                                  ***

The P.M. said he had decided to convict, and find leathem, Hodges and Simpson £1 each, with 6” cost. Fines paid.