FRUITERER'S ILLEGAL SALE.

BOTTLE DF GTN FOR A CHINAMAN.

A Cbini-sse fruiterer named Wah Lee was charged before Mr C. C. Kettle, S.M., in ihe Police Court yesterday afternoon M»ith unlawfully selling gfn to one Tie Wah on October 7. Sub-In-spector Black prosecuted, and Mr Martin dcfen/l.ed.

Tie W:.*h, who is the cook in an Aucklauci hotel, stated that Wah Lee curried am a fruit shop in Grey-street. About S.IJO p-m. on October 7 he went to the accused's shop to get a bottle of spirits. Wah Lee told him he had none, bul; added that if witness wanted some hadly he had a bottle which belonged to an association or party. The witness said he was then given a bottle of gin, and paid the accused 4/6 for it. 'When he went outside, a police sergeant tuok the bottle from him. in reply to j'lr Martin, witness said he went to Wan Lee because another Chinese told biA to do so and gave him the money.

Sergeani, Hansen, who was the officer on the look out for Tie Wah, said the bottle was labelled '•'Gin." He had previousJy seen Wah Lee hand bottles to Chinese. Witness searched the accused's premises, but only found a small quantity of a kind of rum. He came across a recent invoice from an Auckland firm showing that Wah Lee had ■bought a case of gin, which would contain 20 bottles. He also produced some documents showing that Wah Lee imported liquor into the colony direct. Mr Martini: Did you find any peanut oil on the premises? Witness: No. Do you Ict.iow whether the sales v°u saw were sa.les of peanut oil?— Witness: I do not.

Constable iSims, who was in the company of Sergeant Hansen when the gin was taken from Tie Wah, gave evidence, and was questioned by Mr Martin as to why he watched the premises. The witness, who displayed some hesitation, said that a Chinaman named lip Ming told him there was a quantity of beer, gin, whisky, and rum in Wah Lee's place on sale, si-rid he arranged to watch the place.

I In consequence of the witness' mani ncr the magistrate directed him to give r*his evidence straightforwardly, and leu the truth.

-Mr Martin: What was his object in giving you this information?

The Constable: I could not tell, lou made a suggestion of reward?Xo

Was it arranged that you should watch and he st.ould get somebody to go to the place?— Yes. .

There is an hotel near?— Yes

Mr Martin stated that Wah Lee pleaded guilty, and suggested that the prosecution woukl never have occurred but for tbe injudicious zeal of a young constable. According to the evidence, Wah Lee was unwilling to serve the man who had beeai sent specially to get him to break the law.

Wah Lee swore that the gin which the police had referred to was bought by him on behalf of a number of Chinese who celebrated a feast day. The spirits he imported consisted of "medicine wine."

Mr Martin called John Schisehka, merchant, who stated that during the last sL\- months Wan Lee had only purchased two cases of gin from him. The. magistrate convicted Wah Lee and fined him £5, remarking that he was satisfied that there had been a breach of the law, though the illegal sales had not been extensive. &