" SNOW."

Auckland Star, Volume LXIII, Issue 134, 8 June 1932, Page 8

" SNOW."

DEAL IN COCAINE. "DESPERATE CALLING." MAGISTRATE'S STRONG COMMENT. ONE MAN SENT TO GAOL.

"Dealing in cocaine is one of the most desperate callings on the earth, and the League of Nations has been doing its best to prevent it," said Mr. F. K. Hunt, S.M., in sentencing Harold Stanley Lodder (30), service car driver, to prison for six months at the Police Court this morning on a charge of dealing in a dangerous drug, on May 31, in contravention of the Dangerous Drugs Act, 1927.

John Aitken Fairley (47), boiler cleaner, was jointly charged with Lodder, but the'magistrate gave him the benefit of the doubt and dismissed the

charge. Both men pleaded not guilty.

Frank Robert Shaw, deep-sea diver, said he knew Fairley, they having once been in the Royal Navy together. He first met Fairley 16 years ago iu Devonport, England. On May 20 last witness was having a drink in the bar of a city hotel when ho met both Fairley and Lodder. Fairley approached witness and said: "Do you want any cocaine? That's what's called 'snow.'" Witness said ho had never seen any before. Fairley had no cocaine, but Lodder showed witness some which ho had in a small round box. Witness said: "It looks like Epsom salts. I wouldn't give you threepence for the lot."

"Lodder said that Fairley had been let down and wanted to get his money hack," continued Shaw. "I understood from what was said that Fairley had bought it while he was drunk. Fairley was drunk when I was with him. One of the men —I can't say which one —told me (hat the cocaine was dinkinn stuff." Detective Sergeant Kelly: AVho had the cocaine'/—Lodder.

Man Named "Jock." Detective Hayes said ho went to Rllison Chambers, Queen Street, about 9 a.m. on May 31, and met Lodder coming out of the building. He questioned Lodder about cocaine, and he admitted having some. He said he was trying to sell it for ;. man named "Jock." Lodder pointed out Fairley, who was just along the street, as the man "Jock." Fairley was then accosted, and he said he was waiting for Lodder. He denied all knowledge about dealing in cocaine. Both men were then taken to the detective office. Witness added that Fairley's name was written on the box containing the cocaine. Witness produced a statement made by Fairley in which he said he was a retired naval pensioner. He knew a man named Hall, and had sailed with him in the Nucula about three years ago. He met Hall in Nelson Street one day and went to a city hotel, where they met Lodder and had some drinks. Hall asked for £3 and said he would return it shortly. Fairley said he gave him £2 without asking any questions. He later met Hall, who said he could not repay the £2 for a while. Lodder said he might be able to repay the £2 given by Fairley to Hall. Fairley said that while waiting for Lodder he was arrested. Counsel for Fairley: Detective, the name on the box of cocaine is spelt "Fairlie," so obviously it was not writter by Fairley himself.—That is so. Detective Wilson, detailing the arrest of Lodder, said this accused, after being warned, made a statement which he would not sign. In the statement Lodder said he had been connected with chemistry some years ago, and had been fined £5 in connection with another drug, Indian hemp. *\Jock" had told him that he was in possession of cocaine", and that he wanted to get his money back. He did not say where he got it from. "Jock" asked Lodder if he could dispose of it, but although he tried three places he could not do so. Lodder said he had never had cocaine before. Counsel's Submission. Counsel for Lodder submitted that the charge against his client was for dealing in cocaine. There was no evidence of any deal by Lodder, who admitted being found in possession of cocaine. "It appears that under the Act there is no offence disclosed for being found in possession of the drug," added counsel. "He tried to sell it, but never dealt in it." Detective Sergeant Kelly: The onus is upon him to prove that he was not dealing. Counsel: No it is not, only in evidence. There was no distribution of cocaine, no selling and no transaction. Mr. F. K. Hunt: He offered it for sale. Counsel: But it must be a concluded act. Mr. Hunt: If he offered potatoes to three people, would you say he was not a potato dealer?— Yes, if he was a service driver, as this man is. If he was a potato dealer I would say yes, but he's not. Mr. Hunt: Do you leave the case at that; you are not calling your client to give evidence?—l leave the case at that, sir. "Well I am convicting Lodder," said the magistrate. "This is one of the most desperate callings on the earth. He is sentenced to six months' imprisonment. That's only half the penalty he should get."

Fairley then gave evidence, and said he was under the influence of lquor when he was introduced to Lodder. Hall asked witness to lend him £2 for Lodder, who would go to the post office and return shortly. He did not do so. Next morning witness met Lodder, who said he would try and get the £2 for him. Witness said he had never dealt in cocaine, in fact, he had never seen it before. Detectve Sergeant Kelly: Are you disposing of cocaine for Hall?— No. Do you deny mentioning cocaine to the witness, Shaw? —Yes. The magistrate said there was a doubt in his mind, and that he would give Fairley the benefit of the doubt. The charge was therefore dismissed.