RAID FOR WHISKY.

Auckland Star, Volume LVI, Issue 209, 4 September 1925, Page 8

RAID FOR WHISKY.

KING COUNTRY APPEAL

"TO TREAT HIS CUSTOMERS." PRICE FOR "BOOTLEGGED" NIPS. {By Telegraph.—Own Correspondent.) HAMILTON, this day. An appeal against the decision of Mr. F. \V. Platts, U.M.G., S.M., at Te Kuiti recently, in which lie convicted a man namod John Rice Tong, of keeping liquor for sale in a no-license area, when he fined defendant £25, was heard by his Honor, Mr. Justice Herdman, at the Supreme Court, Hamilton, yesterday. Mr. Noble, of Te Kuiti, appeared for appellant, and Mr. H. T. Gillies for the Crown.

Mr. Gillies said that on July 0 last appellant journeyed from Te Kuiti to Hamilton in a service car. On the way through lie called at the Ohaupo Hotel, where he deposited a suit case, and asked the licensee to put 12 quart bottles of ■whisky into the 'bag, and that he would call for it on his return. That night, about 11.30, the police arrived with a search warrant, visited appellant's house, and there discovered the twelve bottles of whisky. Needless to say, the police were subject to a< good deal of abuse during the search. In the Lower Court, said counsel, appellant had stated that he purchased the liquor for the purpose of improving his business. His Honor: What is his business? Mr. Gillies: That we don't know. Mr. Noble: He is a wool buyer, and in travelling about the King Country he carries a little whisky with him to treat his customers.

Mr. Gillies: In one instance he said it was for the purpose of entertaining his friends.

Mr. Noble: In the King Country that may well be so. (Laughter.)

Mr. Gillies said the police knew appellant as a reputed sly grogger. The onus of proving that he got the liquor for legitimate purposes, was on defendant. Police Sergeant Fearnley said that when he searched Tonga house in company with Constable Kennedy, Tong was very abusive. They discovered six bottles of whisky on a sideboard, and when they asked for the balance they were told to go and find it.

Appellant said he purchased the liquor in quite the legal way, and it was for the purpose of treating his customers. There was no attempt to conceal the whisky from / the police when, they called.

Appellant said he usually got in two bottles at a time.

His Honor: Why did you get in a dozen this time?

Well, I get three bottles for nothing when I get them by the dozen.

His Honor (smiling) : Oh, that is news. ■ :

Appellant explained that he paid £1 11/ for -"wo bottles, wherea3 he could procure a dozen bottles for £7, 10/. He denied that he had threatened to throw himself into the river in order that his wife should benefit by his insurance policy. His wife paid for the twelve bottle 3. Since his conviction he had had eighteen .bottles of whisky in, and had notified the police in each case. Mr. Gillies: Why did you get these twelve bottles of whisky?

Well, the farmers in the King Country consider you "a good bloke" if you give them a spot. (Laughtfer.) Mr. Gillies: What is the price of a bottle of whisky from a sly grog seller in the King Country? Usually 25/. And what is the price for a nip? Appellant: In Taumarunui, 2/. Mr. Gillies And in Te Kuiti? I don't kno-v -if you can get one in Te Kuiti. (Laughter.) His Honor said the law cast the onus upon accused .of satisfying the magistrate that the liquor be brought was not kept for sale. The magistrate had not been satisfied that the liquor was not kept for sale, or that it was only brought in in reasonable quantities for the consumption of himself, his family, and his friends, in the ordinary exercise of private hospitality, as was required to be proved under the law. His Honor agreed with the magistrate that Tong had not so satisfied the Court, and his Honor did not consider ho would be justified in interfering with the decision of the magistrate.

The appeal was therefore dismissed with £3 3/ costs.