SLY GROG-SELLING.

Evening Post, Volume LXXVI, Issue 107, 2 November 1908, Page 3

SLY GROG-SELLING.

AN APPEAL DISMISSED. A sequel to a sly grog-selling case was disposed of by Mr. Justice Cooper on Saturday, when his Honour gave judgment in the case John Franldyn Smith (appellant) v. John O'Donovn 1-'1 -' The appellant, an unlicensed person, was convicted by Mr. Riddell, S.M., upon a charge of having on Sunday, 26th January last, sold liquor to Leslie Roy Capp, police probationer, and he was fined £10. Two grounds had been submitted by Mr. Wilford in support of the appeal. The first was that the evidence disclosed that the two principal witnesses for the prosecution were proba tionary constables, and were informers, and that the Magistrate ought not to have acted upon uncorroborated evidence of informers. Tho second point was that because the evidence of the two probationers was contradicted by the appellant and two other witnesses who said that no money passed, but that the supply of liquor was a gift, the Magistrate ought to have dismissed the in- , formation. The appellant's explanation of the matter was that he brought the liquor to the place for the purpose of having a spree to which he intended to invite his friends. His Honour was not surprised that tho Magistrate concluded that the appellant's explanation was not credible; and that he rejected the evidence of the appellant and his friends, and convicted the appellant. The appeal was dismissed with £5 5s costs. Mr. Myers appeared for the respondent.