DISMISSED.

Auckland Star, Volume LXX, Issue 78, 3 April 1939, Page 10

DISMISSED.

POLICE CHARGES. SEQUEL TO A RAID. EVIDENCE INSUFFICIENT. RULING BY MAGISTRATE. Sequel to a police raid on premises in Hobsori Street on March 2.1, two women and 21 men were charged before Mr. C. R. On- Walker. S.M., in the Police Court today that they were idle and disorderly pereons found on March 2.". in a house with reputed thieves and poi-uns who had no lawtill means of support, and who fnHed J" give a satisfactory account of being in Mich house upon some lawful occasion.

The oecupfer of the house, Mary Bensnn Cannon, for whom Mr. K. C. Aekins ill-peered, elected to be tried by a jury <-ii charges of vagrancy and sly grog filing, and the hearing of her case was adjourned. The charges of vacancy were proceeded with against Sybil Seobie (22), Joan Whitelaw" <»3) Uwrenco Irvine (23), .lose Miguel Muno. (25), Reginald Harris (20), Hoclerick James MaeDonnid (24) Mer vvn Charles Dell (25), William Edwcrd Darwin (23), Allan Fairweather (23) • lohn Percy Cameron (28), Harry' Robert Hooper (32), Lloyd George McKee (21), William Morgan (OS), Fran" D T, m a nd Ling (21 >> Michael Terrn« McSweeney (23), William John licks (20), Albert McGregor (20) V™*** Wwart Porter (29), Andrew MrOrnth (21), John Vincent Ryan (25), and Ngawhare Karaka (23). Senior-Sergeant Calwcll, who prose • ted, said evidence would be adduced tint the house was occupied by the accused Cannon, and that during the last three months various incidents winch occasioned police interference had occurred there. Large quantities of liquor were found on the premises, which, it would bo allege], were frequented by reputed bad characters. Visit By Police. Sergeant Corstan and Sergeant Southworth gave evidence of three visits to the house, the first on January 10, another five days later, and the third on March 20, on the night the premises were raided under search warrant. The witnesses said they went to the house on January 15 at 11.40 a.m. regarding fin allegation that a man had got drunk mi the promises and had kicked in a window. The accused Scobie opened the door. Sergeant Corstan said Cannon invited him into her bedroom. "Before f could enter Cannon directed Scobie to mop out the bedroom," added the sergeant. "Cannon was in bed and said aha had had a 'hard party , the iiMit in . Tore." ° Witness said he saw what appeared to be a Maori lying asleep in a sitting room where a number of men were standing nboirt. There was evidence of beer having been consumed in that room. At 10.50 p.m. on March 25 he went with Sergeant Southworth and a number of constables and executed a search warrant nt the houee. All the defendants were there. A large quantity of liquor was seized. In all 23 persons, other than the occupants, were found there and arrested. Scobie was in a downstairs mom in company with five or six men. Whrtelaw was upstairs with other men. I'nniion was found hiding under the bed. "Since Xovember last, there have been repeated complaints received by the • olieo regarding the conduct of this 'loiiHo and of assaults and robberies," ii,'id Sergeant Corstan. Sergeant Southworth described the premise*. There was a shop with a dwelling at the back and tipetaire. The Mliop itscH wan used aa two bedrooms. To his knowledge Cannon had been the ucoupier of the premises since last December. She was a reputed prostitute and a convicted vagrant. "Wo Caae To Aiuv«r." Evidence was given by Constable T. D. Griffith of observations' made by him on successive nights from February 11 to February 17, and . Sergeant W. S. Brown said that on March 17 he saw two men in the house,' one of whom had been convicted of theft and the other convicted of vagrancy. Messrs. Moody, Schramm, Aekine, Sullivan, Hart, G. Skelton, Goldstine and Maxwell Walker, who appeared for A number of the accused, all submitted that it was neeesenry for the police to prove that there wert) reputed thieves and vagrants on the premises on the night in question (March 25) before tlieie wae a case for them to answer. Sergeant Calwell suggested that the hearing be adjourned until after the hearing of the case against the occupier of the house. Evidence Ladling. "The evidence does not support the charge ae laid under Section 149 of the Act, as it is lacking in eome of the ingredients required," said the magistrate. "The fact that there may have been one reputed thief and one person with no means of support does not make it a house frequented by those persons. Hardly any of the accused wan given a chance of giving an account of himself. It ie ateo, I think, a necessary ingredient required by the section of the Act, that these accused knew tiiat they were in the company- of reputed thieves. The charges must be' (IN missed." I

Charges of being found on premises nn which liquor was being illegally gold fire being heard against the same accused thie afternoon.