AMBERLEY.

Press, Volume LVI, Issue 10268, 10 February 1899, Page 3

AMBERLEY.

Thursday. February 9. (Before H. W. Bishop, Esq., S.M.) Illicit', Liquor Selling.—Elizabeth McInnes, Tipapa, was charged with unlawfully selling, jon January 18th, two glasses of she being an unlicensed person. Mr Inspector Broham prosecuted, and Mr appeared, for the defence. James Andrews, police constable, said, on Wednesday, January 18th, he proceeded, with Constable Cassells, by bicycles, to Tipapa, to Mrs Mclnness, where they bad tea, and engaged a bedroom. After tea, about a quarter to seven, they went to bed. He saw accused after that on the verandah, and asked if he could get a drink of whiskey. . She said she did not think she had any. He said his mate was not very bright after the long ride from Christchurch. She said she would see if the Wacksmitli had any, and would knock at the door when she came. Witness then arranged with Constable Cas•.seils to witness tbe sale of the liquor. She away about a minute, and returned with a i*ty, two glasses of whiskey, and a dish • of bMLttrte. He took tbe tray, and handed her a two-.billing piece. She said she would .. give him tbe change next morning. He i teak the txay and glasses into the bedroom, wb&re ti*>v tasted the whiskey, and poured it into the bottle produced. Next day he >asked ascaised what they owed. She replied 7s but as-she owed him Is change from last ' night it would be 6s. Witness tendered v te- a hatf-sovereign and received 4s change. T!*»-r*went to Amberley, where a search war- • -rant- -was obtained, and with Constable •Redje-thev searched accused's bouse, where '-rfiß-r found a jar of beer (produced), a 'bofcSe of beer, and a bottie containing whiskey. Mrs Mclnnes stated belooa-d to one Hk«s Shaw, but Shaw de•nied it. She said they belonged to Shadrach, a blacksmith, who aiso said it was not his pwpertv. Mr Kippenberger crossexamined to show that the detectives had reported they were wet and fatigued, and had gone determined to obtain a conviction. The constable denied that they went to t, entrap the accused unfairly, or with any instructions to do so. Constable Cassells gave corroborative -evidence. He iound , the liquor produced in "Court in one t>f the \ bedrooms. Accused said she was taking the whisky or* medical orders. .Constable Roche" deposed that in the bedroom of ac--cused was found a jar of beer full, which -had not been opened, also a bottle of beer , and a botiJfr containing whisky. She told ; iwitmss bsnisre not touch tie whisky, w

she had bcon told by Dr. Morris to always keep whisky. Accused raid the beer belonged to one of the men. She went to the kitchen door and s_id, "Hans Shaw, this is your beer." She then said to witness, "This beer k Hans Shaw's." Witness said. 'Hans Shaw, come and take your beer." Shaw replied ver«- gruffly— "It is iwt mine —I know nothing about it." She then said it was the blacksmith's. She then said the whisky in tho bottle belonged to one of the men on the station, and wanted witness to go out on the run and see him. Accused subsequently stated she did not know how the jar of beer, came in her room. The bottle of beer, she stated, she got from a 1 man that day for her own use. He took possession of the liquor then in Court. To Mr Kippenberger—-It was not an unusual supply to have in rome houses. Hans Shaw stated that he was at Mrs Mclnnes's on January 19th. He owned no beer in her ' housa at that time. To Mr Kippenberger— He was a carrier. Tipapu was a prohibition district. He had in consequence left beer and bottles of whisky for people in that district, but did not came to mention names. W. Shadrach, called, said he was not the owner of any beer or spirits found on Mrs Mclnnes's premises. This closed the case for the prosecution. Mr Kippenberger characterised the case as a mean one to entrap accused on the plea of sickness on the • part of one of the constables. For the defence, Elizabeth Mclnnes said she had been living at Tipapa six years. She detailed the arrival of the first and second witnesses One of them gave her his wet socks, and said his mate was greatly fatigued, and when he asked for whisky she borrowed some from a man named Allchin. Constable Andrews, when she served it to him at the bedroom door, pushed 2s in her hand She told him that she would not juke anything, as the whiskey was «iven to . her. Sue kept the 2s, and told the man she , would make it all right iv the morning. In • the morning she told the constables tfcey ' were killing then-salves by riding bicycles. Her charge for meals were Is to Cheviot settlers and Is 6d to travellers. Her house ; was one from which goods were distributed, , and frequently beer and whiskey was brought there for people. Sometimes "it was placed - in her bedroom for safety. Sh, did net know that the two gallon jar had been placed there. Letters were sent to her at times to get bottles of whiskey for the stations. and these she bought at Waipara or Waikan. To Mr Broham—She had bi'ought two bottles of whiskey from Waipara Hotel in January; hid give:) also an order to one W iiitmarsh to buy two gallons of beer She i denied saying the beer seized belonged to . Hans Shaw. Walter J. Allchin deposed he » was staying at the house, and accused asked mm on the 18th if he could let her have a drop of whiskey tor a sick man. He «uve • her the bottle, and told her she might take two glasses, as it would look mean to <ive one man a drink and tut the other. He°did , not want any money fer it. Witness paid ; Is for his meals at tin house. To Mr Brot h:tn:—He_. had never previously given Mrs Mclnnes' whU-ksf-., A young * daughter of ! accused stated she" distinctly heard her • mother say the would take no money, but » would settle in the morning. Mirs Mclnnes , stated she heard her mother say. when givin" >, change in the morning—"With the 2s given • mc last night, this makes it right for the . bed and meals." F. Cook stated he had seen travellers leave half beetles of whiskey on two occasions. He had been charged Is 6d for meals, but the recent charge was Is. ' The Magistrate remarked that a great deal might bo said on the ethics of the cass, but r with that he had nothing to do. The'con- > stables .had conducted their part in as free 3 a way as possible, and by using less misre--1 presentation than usual in such cases, and - there was nothing calling for any remarks s on that ground. When he looked at the i evidence, there was nothing to discredit the - statements of the police. He did not believe . a great deal of the evidence fcr the defence. c H he had any latent doubt on his mind, it 1 was set aside by a previous conviction for s selling cider without a license. A convic--2 tion was recorded, with a fine of £20 and , ec-ts. Seven days was afterwards granted 3 for payment. 1 , r CIvIL Case.—Vaughan's Estate v J. t Manson, £9 lbs lOd. Judgment ex parte for s plaintiff.