SUPREME COURT. ALLEGED SLY GROG-SELLING.

Auckland Star, Volume XLI, Issue 135, 9 June 1910, Page 5

SUPREME COURT.

ALLEGED SLY GROG-SELLING.

"A FECULIAB CASE." ! Further evidence was taken at the Auckland Supreme Court yesterday afternoon in the series of charges preferred against William John Vallifiey, a farmer, of Wha-tawhata, near Hamilton, the counts including: (1) That, on March 31st accused broke and entered, or attempted to break' and enter, the dwelling-house of James Calder with intent to commit a crime; (2) that he was a rogue and a vagabond within the meaning of the Police Offences Act, 190S, for that he was found by night in or upon the dwelling-house of James Calder without lawful excuse; (3) that he was found by night without lawful excuse in or upon the house of James Calder; (4) that he was found by night without lawful excuse in tihe garden enclosing the dwellhig-house of James Calder. ■•-

It was set out by the prosecution that the Calder household went to bed about 10 o'clock on the night in question. About ten minutes later the attention of Mrs. East, a sister of James Calder, was drawn to footsteps outside, and the pushing up of a window. She looked out of her •window, and, after a few minutes' wait, saw a man stealthily walking up the footpath, and when he reached the doorstep, she identified the visitor as the accused. A search of the ground -was made by James Calder, and the only thing discovered Tvas an account made out in accused's name near the footsteps of the house.

■In opening the case for the defence, Mr. Reed pointed out that the series of charges laid against the accused referred to the one occasion, and the juryhad to determine whether he was at Calder's on the night mentioned, and also whether he was there with the intention of committing a crime. It was further alleged against accused that he was a rogue and a vagabond, but the charge was framed because the Police Offences Act formally required that it should be in cases in -which a person was found by night on premises without lawful excuse. "This is a very peculiar case," continued counsel—"one of the most peculiar that could before the Court." Mr. Reed went on to say that it was difficult to imagine, if accused had visited Caldef's, what .he went there for. He was a respectable farmer, a man of substance, who had lived in the district from boyhood, and went to school with Calder and his sister. Besides running a farm, he undertook road construction contracts, and was not a man who indulged in riotous living. Mr. Reed briefly reviewed the evidence for the prosecution, and pointed out that it would be shown that at the time accused was alleged to have been at Calder's lie was in a boarding-house at Hamilton, and all that day had been suffering' intensely from neuralgia. He lost two documents, one .being the account form found at Calder's house, and it must have been carried there by someone other than accused. Though Mrs. .East definitely stated she identified accused as the person who visited the house, it had to be remembered that at the tune she was suffering from a nervous disorder, and it was possible that while in that condition she would be led away by her imagination. ■'■■ ",-. . (Proceeding.); ,

■AN EDEN CRESCENT CASE. - Before Mr. E. C. Cutten in the Police Court this morning, a middle-aged man named William Hoghard, who was defended by Mr. J, R. Lundon, pleaded not guilty to six charges of having og. May 29 last, and on other occasions about the same date, supplied, at his residence in Eden-crescent, intoxicating liquor, although he was not the hoiOer of a license, to Constable Thompson aud several other persons. » Mr. Lundon asked that the case might be adjourned for a reasonable time in order that .certain evidence might bo obtained, as a mistake l-'id been inadvertently made in regard to the 29tn of May, the date upon which one of the offences was alleged to have been committed.

Sub-Inspector Hendrey said that since the informations had br.en drawn up he had learned that the accused had been twice previously convicted of similar offences. Consequently, he would have to apply for leave to amend the information. If leave were graced, the accused would have the right to trial by a jury, and if he made the application there would be no need of an adjournment now. His Worship permitted the amendment of the informations in the directions indicated, and Mr. Lundon stated that his client wished to be tried by a jury.

The sub-inspector, in opening the case, } f in order that the depositions might be taken down in the ordinary way, said that defendant's house Iα Eden-crescent had been under observation by the police for some time past, especially on Sundays, when it was reported that men had frequently been seen entering and leaving the premises. On at least one occasion a man had been seen to go ir r»ober and come out very drunk indeed. The police raided the place, and there founr , . a quantity of liquor in bottles and >.*rs. Witnesses would be called who won.ld prove that I they had on various occaF,"j?ns been served p with intoxicating liquor h,~ the defendant a or by the man who asf«, : (-ted him, and h had paid for the drink? they received, s Mr. Hendrey added that hi had been in- t formed that defendant J;ad threatened c certain of the witnesses 'or the police t with personal violence '■< they testified t against him. t The taking of evidence was then pro- .t ceeded with. s i a — : — — i