PROHIBITION IN ASHBURTON.

Press, Volume LX, Issue 11692, 19 September 1903, Page 3

PROHIBITION IN ASHBURTON.

DISMISSAL OF SLY-GROG CHARGES. At the Magistrate's Court, Ashhurton, vesterdav, before Mr C. A. Wrayl S.M., Joseph Edward Dineen. lessee of the Railway Refreshment Rooms, was charged with having sold alcoholic liquor on the Ist inst. without a license, and also with keeping liquor intended for sale. Mr T. W. Stringer appeared for the police, and Mr T. G. Russell (instructed by Mr G. M. Watson) for the defence. "Defendant pleaded "Not Guilty" to both charges. At Mr Stringer's request both charges were taken together. Constable Eade gave evidence that, at the railway station on the sth inst., he saw two Ashburton residents hovering about the door of the refreshment rooms. After they entered the rooms he went in by the front door, and Constables Hammond and Fry by the hack. Witness knocked at the kitchen door, which was | opened after a little hesitation. In the j kitchen he found the two men he had j been watching—Malcolmson and Bergh. ' He was told that Malcolmson had gone in to read the paper, and Bergh wanted to see Dineen. On the dresser there was a bottle, about three-parts full of whisky, a decanter about half fuH of wine, and five empty glasses. Three had had whisky in, and two had contained beer quite recently. At the other end

of the kitchen were two dozen bottles of lemonade. Witness obtained a warrant and searched the premises, and found two large bottles of pale ale, nine large bottles of stout and one small bottle, six small bottles of ale, 16 bottles of beer, sixbottles whisky, two bottles curacoa. nine bottles claret ordinaire, eight bottles claret St. Julien, two bottles rum, two bottles gin, a five-gallon cask of beer without.tap, and some bottles of miscellaneous drinks, partly open, and three empty demijohns, which' had apparently con- • tained whisky and beer. i To Mr RusseH: Dineen gave him every i facility to search the premises. tSome of i the liquor was found in the sloreroom in the back yard, and it was locked up. Itappeared as though it had been there a long while, as some of the bottles were dusty. Constables Fry and Hammond also gave, evidence. G. T. Bryant, of the railway staff, gave evidence that three jars of whisky were delivered to Dineen, the fir.t an July

25th. the second on July 29th, and the , third on August 20th. ' This closed the case for the prosecui tion. Mr Russell called Joseph Edward Dineen, who said that on June 30th ho received instructions from the Government to stop selling liquor. He gave some liquor away, and had, some in stock, which was kept for his own use.. On the morning of September sth Malcolmson and Bergh came into the kitchen,| and one asked for a newspaper. Witness was getting up a petition to the Government, and Malcolmson was assisting him. He did not sell any liquor to Malcolmson. and Bergh. . . * , To the Bench: All the whisky pro. cured was given to his friends. .las. Malcolmson said no liquor ' Wft* sold while he was at the Refreshment Rooms on September stlf Win. Bergh also gave evidence. The Magistrate dismissed both charges. s The liquor seized . was returned ten; minutes after the verdict was given.