TO-DAY'S PROCEEDINGS.

Auckland Star, Volume XXII, Issue 250, 21 October 1891, Page 5

TO-DAY'S PROCEEDINGS.

THE INFORMATION DISMISSED

The charge against Edward Downing of having in his possession certain apparatus suited to the distillation of epirits, was continued at the Police Court this morning before Dr. Giles, when the case for the defence commenced. Mr A. E. Whitaker appeared on behalf of the defendant, and Mr Hudson Williamson for the Collector of Customs.

Mr Whitaker opened bhe case for the defence by criticising the evidence of the witnesses for the proeecution.

Edward Downing was then called. Hβ described himself as a cordial manufacturer. The boiler in Court was made for witness in 1866 by Branston and Foster. It was made for fruib preserving, but witness did not use it for thab purpose, because his family did not wish to live in the country. Afterwards, witness resumed his businese as cordial manufacturer. He-used the boiler for making ginger-wine. Witness had the boiler in the yard for some months, but, owing to receiving notices from the Insurance Companies, he removed it into a room. His first object in making the chamber in the wall a eecreb one was to stow away some unsaleahle beer he had in stock, so as to prevent ib being taken away. W T ibness only made ginger wine bwice a year. He put up the wall without consulting Mr Gleeeon. Witness described the process of making ginger wine, and stated thab had "Mr Pond analysed some of the unsweetened wine he would not have found such a percentage of alcohol as in the sweetened. Witness etated he had never used the pob for distillation of spirits. He had taken over some treacle from Mr Bindon which he used in making hop beer. The spirits in the bottle produced yesterday was strong spirits of wine. He procured it from Sharland and Co. Witness was sure ib was nub whisky.

To Mr Williamson: Witness had some experience of brewing in He did not think it advisable to call the attention of the Customs authorities to the fact that he used a boiler in making ginger wine. Witness did not ccc why he should have told the Insurance Companies that he had a eecreb fire in the wall. He did nob tell Mr Gleeson or Mr Buck that be had the boiler there. He took the risk of them finding out, Witness' wife did nob know of the existence of the chamber. The trap door was to prevent a big current of air passing up, to regulate the temperature. When he put the boiler up ib was done on a Saburday afternoon when his men were away.

By Dr. Giles : The potato starch granules found by Mr Pond in his analysis he attributed to the ginger.

J. L. Caldwell, employed at the Victoria Insurance Company, deposed to giving Mr Downing instructions to remove the boiler. This was in 1888.

By Mr Williamson : Witness would not swear whether ib was the same boiler as that produced in Court. This was the case. Dr. Giles said there was not the slightest evidence given that the boiler had been used for the purpose of distillation, and it had been shown it was impossible to distill from it. The prosecution evidently relied on the fact that the boiler was suited for the purpose, the secrecy employed, and the character of the liquora found on the premises. It had been clearly shown that ginger-wine was frequently made by process of distillation. With regard to the secrecy employed, ib was probably due to the fact that' Mr Downing knew he was trespassing on some one's property, and mighb be instantly removed. The voucher for the treacle having been made out in the name of Mr W. "V. Bindon naturally connected the present defendanb with him, but it had nothing to do with the charge. Tfhis had been proved. The information would therefore be dismissed.