Alleged Sly-Grog Selling.
TEIK ACCUSED BEFORE THE COURT.
TBE CH.AEGES DISMISSED. At the Magistrate's Court; this afternoon, before Mr G. A. Wray, S.M., Julia Hyland, boarding houae keeper, East Street, Ashburton, was charged with that on the 15th day of April last she did keep and expose for sale liquor m the No-license district of Ashbnrton, contrary to the provisions of the i ioensing Acts, nnd also that sbe did sell liquor on the date m question, uontra'y to the said provisions. MrM. Donnelly appeared for the accused, who leaded " Not Guilty." Sergeant Pouby conducted the case for the Police, and elected to give evidence, He deposed that on the night of the 15fch April, at II o'clock he passed accused's premises, known as the " Old Aahburton Hotel." He hoard a noise inside, and then went up the street, and was joined by two con3tabJes,and the three of them entered the house. Witness had a search warrant iti his pocket m respect* of theße premises. As the police entered the premises they saw about a dozen men come hustling out of the door of the sitting room, and the light m the passage went out. As the police entered the building, witness saw Mrs Hyland's two daughters m a bedroom, one of them drawing a jug of beer from a keg. Mrs Hyland then appeared, and said she had been m bed when the police arrived. She was fully dressed. On top of a cupboard ia accused's bedroom, witness found six glassoa all with traces of whiakey m them. Accused said she supposed she could " shout" for her friends. Witnes3 found four empty whiskey bottle? m the room, all hidden, and a jug of beor. In the passage, after the police had searched accused's room the police saw two men, named John Wilson und Robert McClennau. Both these men paid they lived at Loogbeacb, and must return there thaf evening. McClennan was under the influence of liquor. Witness, before entering the premise?, when, he first passed that way that evening and heard tho noise, saw three men, one of whom was undpr the influence of liquor. Three men went into the house the back way. The police seized the 10 gallon keg of beer (one third full) and tb« jug of beer. Cross-examined by Mr Donnelly—By the railway records accused received the keg on the 6th April, nine days before the raid. Knew of no whiskey being sent to accused. Did not know that many people left their bicycles, etc., at accused's place on visiting Ashburton. It was quite likely. Did nor arrest MoClennan, as he was not drunk m a public place. Constable Stewart corroborated the previous witness's evidence. He remained j outside the hotel for some time after the Sergeant and Constable Joyce went inside. While ha was there a man came up thstreet and knocked at the window of Mrs Hyland's bedroom. Mrs Hy'and called out " Who's there ? " The man replied " Joo Mullinß," and then said " Hurry up, the police are outside." A little later witness saw nine men leave the rear of the premises m a great hurry. One man came through the window of the sitting room Heard Mrs Hyland cay to the Sergeant. " Surely I can shout for my friends and can give them a drink if I choose." There was a little whiskey m one of the four bottles found. By Mr Donnelly—Would swear there wn? more than a tea-spoonful of whiskey m the bottle. Mrs Hyland's window fronted on a, side street. Would swear Mrs Hyland said she could " give her friends a drink iif she chose." She said her friends came from j Longbeaeh and left their bicycles. Had lieen at work chopping down trees near j Mrd Hyland's place yestarday. It was | DO'-'Ossary to climb the trees to top off branches. Did the tree cutting m his working hours. So far as he knew, Mrs j Hylund was the only person who would j £ive men enough liquor to make them drunk m Ashburton. Constable Joyce, stationed at Ashburton, m giving corroborative evidence that whou he and the Sergeant entered accused's premises there was a cry of 'police" and a sound as of a stampede. Mrs Hyland said to Sergeant Fouhy — " Surely I can about for my friends thnt come from Longbeach, they have their ' pavceifi and bicycles here; they nre very good to me; they supply me with vegetables and potatoes." Mr Donnelly said he would be prepared to take the evidence already given as the j case for the police on the charge of " keeping for sale." He would, however, re-call Sergeant Fouhy. Sergeant Fouhy, re-called by Mr Donnelly, said that the police depended upon the presence of a 10 gallon lie,' m the house for a conviction on the charge of keeping for sale. Mr Donnelly then addressed the Court at length, contending that the evidence showed that 6 gallons of beer had been consumed' on accused's premises m 9 days. This was not an inordinate amount for a large household. Julia Hyland, the defendant, deposed that she had eight children. She was a boarding houae keeper. When the Police entered her house they found a keg half full of beer. She kept it for the use of herself, her friends and relations, who were very good to her. She had several visitors from Longbanch, who left their bicyclep, changed their clothes, etfcc, at her ' house. There were 20 of these men at her place last night, and 35 on Easter Monday night. They paid her for the privilege of leaving their bicycles at her house. On night of the raid some men came m for their bicycles, and were departing when the Police arrived. She did not, that night or any other night, sell any beer to anyone. Gustave Poison, clerk at the Ashbnrton railway goods shed, deposed that on April Bth last a lcwt keg of ale was received addressed to Mrs J. Hyland, Ashburton. This closed the case for the police. Mr Donnelly contended that there was absolutely no case to answer m respect of the charge ofJselling liquor, as it had been recently ruled that consideration of some kind tnnst be proved before any transaction could be held to be a sale. He cited a case m support of his contention. His Worship held that the case cited was not applicable to the present case, as there was no contention that auy "trans action " had taken placp. In the absence of any evidence supporting the charge, the charge of selling would be dismissed. By Sergeant Fouhy —Did not remember saying that she " supposed she could shout for her friends." Did not know the names of half the men who came to the house. There was ajkey !in the house known as the j " Longbearh key" and Longbeach men knew where to get it. They sometimes came as late as one m the morning. 'By His Worship—Did not know why her daughters were drawing a jag of beer when the Police entered. Supposed they wanted some beer for supper. By Sergeant Fonhy—Did not know why the men m the house ran away when the Police came. Some men would " go through the roof " if they thought the police were m the house. ' This concluded the case for the defence. His Worship said there was not sufficient eyidence before him to prove that th«. moderate amount of lipuor found was kept' for sale. He must therefore dismiss the charge.
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Ashburton Guardian, Ashburton Guardian, Volume XXII, Issue 6562, 5 May 1905
Alleged Sly-Grog Selling. Ashburton Guardian, Volume XXII, Issue 6562, 5 May 1905
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