A SLY-GROG CASE.

Ashburton Guardian, Volume XXXI, Issue 8444, 11 August 1911, Page 5

A SLY-GROG CASE.

KEEPING FOR SALE.

DEFENDANT FINED £50

At the Magistrate's Court this morning before Mr V. G. Day, S.M.j Robert Paterson, Allenton, was charged on the information of the police, with having kept intoxicating liquor for sale in a No-lioense district, and also with having sold liquor, on or about July 27. . ; Defendant was previously convicted for selling liquor on April 12th, 1907, and was fined £50..'' ■'. " ' ; •■ ■•'! ' Mr R. Kennedy, who appeared for the defendant, pleaded not guilty to both charges, and said that he would call evidence to prove that his client was entirely innocent in respect of the charges preferred against him. Sergeant Fouhy, after briefly outlining the case, said he would first proceed on the charge of "keeping liquor for sale."

Edward March, hotelkeeper, Cliert-,-mj, said that defendant purchased a case of Dewar's -whisky, together with a gallon of beer from him on July 21st. Defendant took the liquor away in a trap. By Mr Kennedy: Had only sold liquor in bulk to defendant on two or three occasions since he had owned the hotel.

Sergeant Fouhy said that on July 27, in company with Constable Martin, he visited Paterson's residence at Allenton, made a search of the premises and found one full bottle of whisky (produced) in a cupboard. Defendant was sober and did not appear to have been drinking. Searched the premises and found a number of empty bottles that had contained Dewar's whisky. Complaints had been made by residents in the neighbourhood regarding drinking in Paterson's house. Defendant, in reply to a question, could give no satisfactory explanation as to the manner in which the liquor (beer and whisky) had so quickly disappeared. Paterson said he had not sold any liquor, and told .witness he could search his premises without a warrant at any tir>o h© chose. ,

P>j Mr Kennedy,: Believed that •■"Paterson drank fairly heavily at times. The Court -records idid not show that any great quantity of, liquor.-had been consigned to Paterson of late. i Was not aware that defendant, was, a wealthy man. Witness said he did not attach any great importance to : yfche quantity of liquor that came through the Court, as it applied to sly grogselling. Constable Martin said he visited Paterson's house on the afternoon of: July 26, as a result of complaints that had been made to Sergeant Fouhy. The door was locked when witness'arrived/at the house, but subsequently Paterson; came to the dpor and asked witness, his mission. Witness asked, if a- man named Fagan was in the house. Paterson replied: "Go and find him,'' and then slammed the door in witness's face*. The remainder of Constable Martin's evidence was mainly a corrob©ration of that given by Sergeant Fquhy; / : -"';.',' ' ■...-. '■■ ■; . . By Sergeant Fouhy: Was not aware that 'Paterson had sought financial as^ sistance in regard to the case before the Court from an Ash burton resident.

This closed the case for the prosecution, and evidence for the defence was then led by Mr Kennedy. Robert Paterson, carpenter and millwright, of Allenton, positively denied having sold any of the case of whisky referred to. He s.aid he had drunk the gallon of beer purchased at Chortsey «a July-21st on the road home. He took the case of whisky home intact and had since drunk it with his friends, including James Maxwell, H. Cox, D. Cunningham and Fagan. All

these friends called on him and witness had treated them liberally. Witness said,he could drink a fairly large quantity of liquor himself, sometimes a bottle per day. He had freehold property and earned between £3 and £4 per week. Had never sold any liquor since he had resided at Allenton.

By Sergeant Fouhy: Purchased 18 gallons of beer in May, when he had a heavy drinking bout. With the exception .of the liquor he drank himself, he gave the remainder of the case of whisky ay/ay to his friends. Was not aware that complaints had been made regarding Cox visiting witness's place for the purpose of drinking. A mannamed Fagan visited witness's place on several occasions when he had the case of whisky in July, but he (Fagan) was not drunk when he left. Was not aware that Fagan had been dismissed frdm his occupation as a result of drinking. He was fairly constantly in work and was in a better financial position now than when he resided at the Ashburton Forks. Was aware that the doors of sly grog-shops were invariably kept locked. His doors were secured by spring latches and were consequently self-locking.

By Mr Kennedy: Held a bill of sale over Cox's plant. Cox frequently came to witness's house on matters of business. Fagan came to exchange reading books.

By Sergeant Fouhy: A man named James Williamson called at witness's house on one occasion, when he {Paterson) had whisky, for the purpose of grinding a gorse knife. Did "not give Williamson any liquor and was not aware that he was a prohibited person. v ■ Stewart Gordon, a farmer residing at Dromores said he had known Paterson for upwards of 32 years. Remembered Paterson calling at his residence towards the end of July 1 and bringing ai jar of beer. He and defendant •emptied the jar, and while doing so -were talking of old timos. He lived near the main road. By his Worship: Had beep in Paterr son's house at Allenton on one occa'-\ sion only. ' ■ ' James Maxwell, another farmer, said he resided at Mitcham. Remem- I bered calling at Paterson's house to- j wards the end of July in regard to some business.' Had three drinks dVir--ing the afternoon and more in the evening. No money passed for the drinks and Paterson was merely treating witness. May have assisted Paterson to drink a bottle of whisky. By Sergeant Fouhy: Called at Paterson's house very frequently, but could not say that he had business to transact on every occasion. Paterson often treated .witness to drinks. Did lot pay Paterson any money on JV.iy Sflvh. Half a bottle "of whisky would not make him drunk.

Harry Cox, carrier, said he had visited Paterson's house on several occasions at the end of July and Paterfon had for him. Witness dirjv not-" piy for the liquor.' Patnrson invariably treated witness to a drink, pr-vided he had it in the house. l>y Sergeant Fouhy: Tho police had

rover spofc>n to witness regarding the carriage of liquor to Paterson's. Robert Frizzelle said that Paterson had been committed on charges of hmacy, as a result of excessive drinking, iii 1906. Knew that Paterson was a heavy drinker. David Cunningham was called as a witness, but failed to appear. This closed the case for the defence. His Worship said that the onus had been cast on the defendant to show that he had not kept liquor for sale. Lengthy evidence had been given for the defence in that direction, but this did not wholly account for the consumption of a case of whisky in less than one week. The evidence adduced for the defence had, in effect, accounted for the. disposal of a part of the liquor, but it was highly improbable that Paterson had consumed a bottle and a. half of whisky per day and yet had kept sober,,. As defendant had failed to discharge the onus placed on him, his Worship said he would enter iip a conviction and; 'impose a fine of £50, togetlie-r with costs. Mr Day remarked that as the electoral boundaries had been altered since Paterson's previous conviction, he had treated the offence as one for a fine and not imprisonment. Sergeant Fouhy withdrew the charge preferred of selling liquor.