FIVE CHARGES

Ashburton Guardian, Volume 61, Issue 18, 1 November 1940, Page 6

FIVE CHARGES

SLY-GROG SELLING ALLEGED.

PLEAS OF NOT GUILTY. CASE TO GO BEFORE JURY. Archibald John Templeman, labourer, of Wellington Street, Ashburton, appeared in the Ashburton Magistrate’s Court ,to-day before Mr H. Morgan, S.M., charged on five counts with selling liquor without a licence. He was represented by Mr G. C. Nicoll. Senior-Sergeant J. F. Cleary prosecuted .

One witness said that on July 12 last he attended a dance where he met two friends. He arranged with them to procure half a bottle of whisky, each man to put. in about 3s 6d. Witness went to Templeman’s place at about 0 p.m. to get the liquor. He went to the back door and got it from Templeman, who was outside and to whom lie paid 8s or 9s. Then he took it to the dance hall. His two friends helped him to drink about half a bottle. Witness continued that be knew Templeman well. Whisky Confiscated. To Mr Nicoll: The dance was in a ball about halt' a mile from Templeman’s house. They drank* the liquor outside the hall and then a constable came along and confiscated it. Constable G. Melrose said that be saw the previous witness outside the dance ball at 11.40 p.m. accompanied by the two other men mentioned. He took over the bottle.

On. August 17, continued Constable Melrose, he searched Templeman’s premises and saw six young men in a shed. There were six empty bottles on a table and five glasses.

Senior-Sergeant Cleary said that on August 17,_ with Constable Sayer, Boag and Melrose, be executed a warrant under Section 228 of the Licensing Act at Templeman’s residence. On entering the premises lie went to a shed, Constable Sayer going first. At a table were six young men r six empty bottles and five glasses. Two of the glasses were half full. He asked who owned the liquor in the glasses and it was claimed by two men. A knock at the back-door ' of the house was answered by Templeman. A “ Dry Sunday.” Senior-Sergeant Cleary continued that Templeman held no publican’s licence, nor were his premises covered by the Licensing Act. When asked if he knew that there were six young men out in the shed Templeman said ho did. “Templeman remarked, ‘We’ll have another dry Sunday,’ and I said: ‘That’s bad luck.’ He said we had come at tho time his visitors began to arrive and I S aid lie should not have told us that as we would know when to come ill future.”

A charge relating to August 2 was then taken.

A, witness,said he attended a dance at the Orange Hall on August 2. At about 9.30 p.m. he and another man went to Tempieman’s place for some 'beer. His companion went to another house while witness went into Temple man’s shed and got three bottles of beer at 2s each. As he left the premises he tliought he was being chased, so he ran, dropped the beer and hopped over a gate; He went back to Templeman’s place and told Templeman someone had chased him. He asked Templeman to get his motor-cy’ele for him. He said he could not get it as Constable Saver was there.

To Mr Nicoll: The Orange Hall was about half' a mile from Templeman’s place. Witness continued that when the chase took place lie did not see anyone else about. Eventually ho recovered his motor-cycle from the police station. Another witness agreed to go with the previous witness on the motorcycle, but not to Templeman’s. He went to a friend’s place, and when they stopped outside he gave his companion 4s to get two bottles of beer. There was a commotion, and lie saw Constable Saver carrying a bottle of beer. Constable’s Chase. Constable H. A. Sayer told of keeping Templeman’s premises under observation on August 2 for alleged slygrog selling. He saw a young man enter the premises from Hugh Street. When the man came out there was a sound of clinking bottles, so he (witness) gave chase. He heard a woman whom he knew to be Templeman’s daughter say, “Be careful; Sayers about!” The woman also said that he (witness) “would he reported to the High Commissioner.” At 11.30 p.m. on August 17, accompanied by Senior-Sergeant Cleary and Constables Boag and Melrose, lie entered Templeman’s premises, continued Constable Sayer, who went on to describe the raid. A shed, he said, was fitted up like a bar. A fire had been lit and the grate was still, warm. A bottle-opener was fixed to the wall. Evidence was also given by Constable Roag, who. said that in Templeman’s house he found three dozen and two bottles of ale and stout. This was seized.

Other witnesses gave evidence of visiting Templeman’s premises where they alleged, they purchased beer at 2s a bottle. Templeman pleaded not guilty and was committed to the Supreme Court at Tiniaru for trial.

Civil Cases. Judgment for the plaintiff by default was entered in each of the following cases:—J. W. Strachan v. Mrs iW. M. Sullivan, £1 2s 6d; J. Allen v. W. R. Black, £ll 19s 2d. Judgment summons: W. Drummond was ordered to pay Thomas Rainey £35 14s at the rate of £1 a month from December 1.