A POLICE TRAP.

Dominion, Volume 4, Issue 974, 15 November 1910, Page 7

A POLICE TRAP.

MASTER MARINER CAUGHT. MAY LOSE OLD AGE PENSION. A case of sly grog-selling—characterised by Mr.-.W. G. Kiddell, S.M.,.as extraordinary—was heard at the Magistrate's Court yesterday, when John Simons was charged that, on October 30, he unlawfully .sold whisky to one John Johnston. Sub-Inspector Norwood prosecuted, and Mr. P. W. Jackson appeared for the -accused, who pleaded not guilty. John Johnston, police probationer, stated that on Sunday night, October 30, ho and Probationer Poblo were detailed to endeavour to get a conviction against a certain person. That person was not the accused. They, however, passed accused in Adelaide Road and accosted him, asking if they could get a drink anywhere. He obligingly went down to 138 Adelaide Koad, and later returned with a small bottle (produced), which ho said he had procured for himself, but ho would "sell" it to them. They had a drink out of tho bottle, and in answer

t" a question as to how much was owing lor a drink, accused said 2s. 6d., and witness paid him the money. Accused had made a statement to Sergeant Mathieson next day admitting the sale. ' . To Mr. Jackson: Accused said ho would "sell" them 'a. drfnk—not "get" them u drink. .' Mr. Jackson .(sarcastically): . Yes,, of course, ho did. In .further answers to Mr. Jackson, witness stated that he .did not know that there was a reward for securing sly grog convictions. He had never seen accused before'tho night of the. occurrence. Subsequent to that accused's room at Adelaide Eoad had been Taidedj but there was no liquor found.' Thero were two empty bottles and two" empty barrels, which wero claimed by tho occupier of the house, who was a very respectable man. , • ■ . Corroborative evidence was given by Probationer Poolc, who stated that they were out to get a conviction wherever they could. .... Mr. Jackson: Now of course accused said ho would "sell" you liquor; not "get" you a drink, and I suppose when" he said "sell/' you,thought that the.conviction was a really good thing? Witness admitted that it did look easy by that time. . Sergeant Mathieson who also gave evidence, was asked by. Mr., Jackson if accused was regarded,.as. a "dangerous lighthouse." •' .. > ■;■-. ',

The sergeant: Oh dear, no. Mr. Jackson said ho proposed to call accused,. who would say that the'money was forced upon, him by the probationer, and being very low- in purse accused had accepted it as a present. Ho gave tho whisky merely out of hospitality,■believing that tho two men were really thirsty. He was an old man, 77 years of age, and a master mariner. He kept a little' liquor in the house on the doctor's orders. A conviction would be very- hard on him as he was. an old ago pensioner and it might mean forfeiture of his pension. ', i Accused 1 gave-evidence on tho.lines indicated by Mr. Jackson and stated that the only thing that prompted him to take the 2s. Gd. was the fact that ho was absolutely without raoney at the time. Ho never considered that ho was selling tho liquor. ■-.■,. In giving his decision. the magistrate said:. "Defendant, you must bp convicted and you arc liable for a penalty of ,£SO, or a term of imprisonment not exceeding one month. You mo an old ago pensioner and tho conviction may bo a serious ono for,you, but you must have known that it was dangerous to trade in'liquor without a license. Apparently your hospitality has got you into trouble. Tour's is an extraordinary case, and therefore I will only impose a : small penalty." A fine of «£3 was imposed with costs 75., in default li days' imprisonment. Seven days were allowed in which to find the money. . '