LIQUOR IN LOCKERS.

Auckland Star, Volume LIX, Issue 95, 23 April 1928, Page 9

LIQUOR IN LOCKERS.

SEIZED BY DETECTIVES.

RECEIVING AGENT IN COUfiT.

ADMITS SEVERAL CHARGES.

MORE ABOUT LAXITY.

BOTH ACCUSED FINED

Several dozens of bottles of various liquors, also some empty ones, which were seized by Detective Sergeant McHugh, who raided the locker of William George Franklin (50), a receiving agent, were stacked on the tables in front of Mr. W. R. McKean, S.M., at the Police Court this morning.

The bottles were exhibits in the case of Franklin, who appeared on thirteen charges involving theft and receiving, twelve charges concerning liquor and one, of having received a case of oil, knowing it to have been dishonestly obtained.

Chief Detective Hammond prosecuted, while Mr. Allan Moody appeared for accused.

The case excited a tremendous amount of interest and the Court was crowded. Customs officials were present throughout the hearing and heard the magistrate again comment severely upon the laxity alleged to prevail among Customs officers regarding the certificates given in respect of broken bottles received in shipment. Nearly half an hour was taken up by Mr. Moody in discussing with the Chief Detective the nature of the charges and those to which accused would plead "not guilty" to. Mr. Hammond said, concerning the case of oil, that this should have been delivered about two years ago by Franklin to ths store of Mr. Webb. All the other «mm of oil were delivered by aocuaed, hat one case was found the other day at bis house when it warn being searched by detectives. It was on Franklin to explain how it got there. However, after some little argument, this charge was dismissed.

Respecting the other remaining charge#, Mr. Moody said that many of them would "aimply fade away like mict before the morning sun," because a witness would be called to prove that be had given Franklin some of the liquor •eized by the police. Clym Edgares, theatrical manager, then went into the witness-box, and stated that he gave accused a bottle of gin and also two bottle* of rum (produced). This was the residue of the canteen left after the Nellie Bramley Dramatic Company finiabed at His Majesty's Theatre eome months ago. Mr. Hammond: This rum is over proof spirit. Where do you think you would gii that from?—l cannot tell you who gave it to me, but people presented it to the management and I gave it to Franklin in good faith. You suggest that you got liquor from persons and gave it to Franklin I—Yes. Mr. Moody: The police cannot give ue any information of the history of this liquor. They have no direct evidence to offer that it i* stolen.

Mr. Hammonds (holding up a Jar containing 32 ounces of overpfoof whisky): Hsre U a jar of whisky which he admits laving been taken out of a cask in the Cnftocm examining shed. .What have you to say to that f Mr. Moody: We plead guilty to that. Counsel then said that hie client would plod guilty to the theft of one bottle of whisky valued at 9/, and also to another bottle of the same spirit worth 9/; and guilty to three other charges of receiving a bottle of whisky worth 4/6 and two bottle* of gin 10/. Counsel then referred to three bottles of liqueurs ■which had been portion of a shipment handed by the insurance company and oonsignees to the Customs to be poured into the harbour. "The insurance people and consignees say they don't want it, therefore Franklin cannot be guilty of receiving it, just becattM it was not given to the Ash." Mr. Hammond: It ehowa the kick of control in the Customs. How did he get possession of stuff that should have been thrown into the harbour. A very pernicious system has prevailed, otherwise how could two bottles of whisky which we have produced here this morning be certified by Customs officials as "breaks" when the reet of the liquor is in bond. There is a great laxity among not only the Customs, but among receiving agents and consignees, and we are. bringing thus case to the Court in an honest endeavour to stop it. "Hit Sake Off." "Franklin is a well-known receiving agent in Auckland, and I use the term in the legitimate sense now," said Mr. Moody. Franklin had never been in trouble previously, and was a married man with a family. A good deal of blame was to be levielled at the consignees who had winked their eye a good deaL Franklin candidly looked for his "rake off." However, he was entitled to take from casks a certain amount of over proof liquor. Interrupting counsel Mr. McKean asked who it was conferred that right. Mr. Fawcett, a solicitor, who sat alongside the Collector of Customs in court, and who had previously been a Customs officer, then arose and informed the court that a Customs regulation gave receiving agents the right to take a small quantity. Mr. Hammond: Do you call over 30 ounces a small quantity? Mr. Moody: Ido say that it is opposed to the law to take so much, for this is not a small sample. Apparently it is a practice that has grown up—but it is a fairly hefty supply. However, Franklin, who told me that it was a sort of unwritten law to take certain liquor, now knows where he stands, and with the publicity that this and another case had got, he can assure the court that he will not take any more. He had been under the mistaken impression that he could take some liquor. That, I am *ure, will in some way, palliate his offence, and I hope he will not be aent to prison.

Mr. McKean: Have you got a certieate given by a Customs officer for the two bottles of whisky you say were marked down as "breaks," Mr. Hammond.

Ye«, sir, here it is," replied the Chief Detective. "In the case of a gin shipment, 42 bottles were certified as breaks •ut of 200."

* n the case of the gin broken the insurance people were ° co,ne < * own an d inspect the P a fcing called, the Customs officer " ° gate the certificate was asked to tS?' k a certificat ® was given when JhLu of whisky were produced were not breakages. He admitted !>• could not aeooont lor |hla.

Customs Hoodwinked. George Henry Comes, in charge of Customs officials on the wharf, then gave evidence. "While an officer was away getting a searcher to count broken bottles, this man could have taken them," be said. "They hoodwinked the Customs officers. Receiving agents are the representatives of the merchants and they have the custody of the liquor." Mr. Hammond: You know that liquor was given to the Customs to destrov. Can you account for three bottles of this liquor being produced here in Court?— No, I cannot.

"It in a very difficult case," said the magistrate.

Mr. Moody: It is hard if a man is to be sent to gaol because insurance companies and consignees don't trouble about their business. Franklin has erred in ignorance. There is no doubt about that.

Mr. McKean: There is a lot of laxitv somewhere. That is quite obvious. I stated the other day when adjourning Cooper's case that I hoped to get some more information to-day, but I'm not much wiser. Customs officials cannot explain to me why bottles marked as breaks are produced here while the rest m shl P ment is Bt iH in bond. , ■ Fawoett then rose to speak again, but the magistrate promptly told him to sit down.

Findihg of the Court.

When the Court resumed the cases of franklin and Robert Edward Cooper were called together.

Mr. McKean eaid that the cases had occasioned him a good deal of difficulty. In Cooper's case there was a sworn statement involving a Customs official. The official had on oath denied the allegation. The magistrate said he did not know which to believe. Nor was he preto say where the laxity existed. But, in view of the fact that there was a slackness somewhere, he had concluded that he should not send accused to prison. What they had done was dishonest. There may have been other persons who should have been prosecuted, but he did not know. Each of the accused would be convicted and fined x2O on one charge.