MAGISTERIAL.

Ashburton Guardian, Volume XXVIII, Issue 7085, 25 January 1907, Page 3

MAGISTERIAL.

ASHRURTON—FRIDAY.

(Before C. A. Wray Esq., BM.)

A BT-LA.W BREACH. William? Nell did not appear in answfr to a oharge of driving a horse and cnrt in Moore street at nierht without lights. After the evidence of Constible O'Grady had been heartf, defendant wub fined 10a and costs. THE LIQUOR LAWS. POLICE V CANNING. Joseph Canning? was ohargod that on September 57, 1906, he did order liquor by telegram, from Wilson mid Co. Timaru, with another man's uamo attached to the telegram. Mr Crisp pleaded guilty to a technical breach. His client had ber-n met at the Post Office by a man who paid ho could not write, and had been asked to telpgrai>h for a case of whisky, which defend-mfc did. Defendant made no profit out of the transaction, Sergeant Foahy said the point was that defendant paid he had never seen the man before or since. Defendant, in stating the transaction, said that he was not a« are that he had to give any specified particulars. Sergeant Fouhy said another point was that, the man Sima had not turned up for the whisky, which was now in the possession of the police. He did not wish ti un^ duly press the charge, ELis Worship entered a conviction and discharged the defendant with a caution. Police v. CRAWPiEr.D. Henry George Cranfield was charged, on fcwo informationp, that on December llrb, fit Hampßtead, he did sell and keep liquor for sale.

Mr Raymond appeared for defendant, and pleaded not guilty. George Crooks, carrier, remembered the police meeting him at defendant's placfl at Hampetead, Witness said be had been inBtrnoted by Graham to take a keg of beer there. Graham gave no reason why the beer should be taken to Cran field'?. He fcnew that Graham did not live at Cranfield's. The keg was a terj-gallon one. Another man went with witness for a ride. Witness carried for Cranfield generally. He did not know who took delivery of the keg, which witness placed in the Btables, where Cranfield wap. Two other men were on the premises when w'itne&R arrived. Could not Say whether both men were drunk or sober. He rind taken nn eighteen gallon keg of beer to Cr»nfield's a week or twp before. Had never taken beer to Grnnfield Rddressed to himself. Did not remember taking beer to Craafield's addressed to men named Bobinson, 3. Morris, Frisb, H Meaclem, or Griffin. When he tc'pk Graham's beer, Cranfield was running it off fnfco another keg, and witness was waiting fpr the keg when the pplice came ap. Witness was cross-examined by Mr Ray? gaond ned Sergeant Fouhy, Sergeant Fooby said that on the llth of December he had gone to defendant's house. In an outhouse he had found Cranfield, Warren, Alexander aud Mcln- j tosh. There was a ten-gallon keg of Jeer, recently arrived, with the address label torn off. Tbe defendant was emptying the 10-gallon keg into an 18-gallon ketr. Emptying into another keg and sending away the newly arrived keg destroyed evidence. Graham was not present.

Constable W. MoLennan rempmbered December 11, Abont a quarter of nn hour before the raid he saw four men going through Cranfieid's gate. Meaiilero, Mb* o'mn afad Spioer were three of them. He did not know the fourth. They went towards the stable and disappeared. Fifteen minutes afterwards the raid was made, and none of those men were there then. They had gone away.

Charles Graham said that he had ordered fcen gallons of bfier fro«i yincent and Co. on December 8. About December 6 or 8 he jail borrowed si^: gallons pf beor from Oranfield, and he told the carrier when his )eer orrived to take his kes? to Cirnnfield bo ' ijiat Cranfield could take but wbafc was ow: ing. Had not paid anything for the beer he eot from Cranfield,

The witness was cross..fxsminod by Ser*geanfc I'ouby, Donald Molntoßh, George Warren and Thomas Alexander also gave evidence.

Henry George Cranßeld, the defendant, stated that he dealt in poultry and pigs, and also had a garden. Graham had asked him if he had any beer, and as he did, he gave him three gallons, and Inter Graham got another three gal'ons. Graham said he would aejid fpr tea gulloDfi oi beer and irap&y witness. Meaolemhad" come to see Wm .re garcling some pip feed he had ordered from hi" father, and McGinn came with* him. They had had ipo beer. Did nofc see Molnfcosh conic in, which would be a quarr ter of an honr after the police oame, | Mclntoeh bad a mortgage over his place, and be was in difficulties with the interest. He was running the beer from the tengallon cask into an eighteen when the police came, and he had asked the police permission to treat tho*e present before the beer was confiscated by the police. The j eighteen gallons had been received on December 4, and when the police same there was still some beer in the eighteen \ gallon keg, into which he was pp?jrip<j fciie i 33 gallous jastreteiviad, ' ' (Sergeant Fouby sfiid the brer seized amounted to eleven gallons — milking one gallon of the eighteen left. ' Defendant said that the six gallons had been giyen from tba bighteeid to Grabam, In regaWrto the consumption of tho balance in about a week, he was a heavy beer drinker himself, and during that week had ha 3 a number of men at his place pig-kill-ing, and be had treated $bem. ! In ?iyiag ijujgnaent, His Worship eaid in matter of informations for beer kept for salei one test was the amount of beer found on the premises. In this case fchey had not 3. large quantity pf' beer. 'Affr-r dealing Y?ith the amount of beer consumed in the period quoted; His Worship said he did not thin}? eleven gallons & giraat quantity £or a Bian to conewme with his friends and employees in a week. The quantity was not bo strong as to draw the inference that the beer wr.B kept for sale. In regard to the emptying of the beer From one cask into another, that had been explained. He could not say whether the men were telling the truth, buthe had to go by the evidence placed bafora o'oj; aud he had no reasou to tiopbt ttem. '00 could not therefore come to the conolftaiori that the defendant had bean eeUing or keeping liquor for sale Both informations would be dismissed.