CONFLICT OF EVIDENCE

Evening Post, Volume CV, Issue 88, 13 April 1923, Page 8

CONFLICT OF EVIDENCE

ALLEGED SLY GROG-SELLING

THE MAGISTRATE'S PROMISE.

That either a constable, who waa called as a witness, or the defendant, in a summons case which was called before [Mr. F. K. Hunt, S.M., at the Magistrate's Court to-day would be prosecuted for perjury, was the promise made by the Bench during the .hearing of the prosecution. The allegation was that the defendant, Isabella Sdwards. had sold liquor in the no-license area of Wellington South, in a confectionery shop and marble bar, situated in the same building as Our Theatre, Newtown. ■■'.. Sub-Inspector Cummings conducted the prosecution, and the accused was represented by Mr. Jackson. Constable Carter said that he had met Mrs. Edwards in a confectioner's shop. On 23rd February, ab0ut.7.50 p.m., witness went to this particular shop and saw the defendant, who was behind the confectionery counter. Witness asked for a drink, and was given a glass of beer. During the course of a conversa- I tion, Mrs. Edwards said that the proprietor would shortly be returning to take over the business, but he did not I know that the place was being used for the sale of sly grog. Witness called for another beer. H e paid for both drinks. At this stage, a man named Marsh arrived on the scene, but he refused/witness's offer to have a drink, as "there was only whisky." Mft, Edwards assured him that there was a lit*lo beer left. Witness asked for a whisky, and | was served from a bottle which was j taken from under the counter. Marsh was then given his beer, and. defendant sold witness some liquor to take away with him. Before leaving, Mrs. Edwards gave him tEe address of a man whom she stated, kept a sly grog shop where he could get a few " spots," and who would probably be able to tell witness where to get a job. Mr. Jackson: "Prior to the 10th, you used to drink hop beer?" Witness: "Yes, it was all I could get then. I was not known." "When you entered the shop on the evening of the 23rd, did you not ask for your usual drink?"—"No, I asked for beer, and I got beer." "Will you swear that it was intoxicating?'.'—"Yes; it wasn't the first time I had tasted beer." Witness denied that he had asked for whisky for his wife, who was very ill. A little boy had not been sent to a house in Constable street for the spirits. "Was it not your invariable custom to purchase a box of chocolates for your wife?"—"No; I should like to be able to do it."

'"Are you receiving a reward for your services ir? this connection?"—"l don't think policemen aTe rewarded for doing their duty. They get their pay. However, I am not .well enough up in these matters to know, just yet." Evidence was also given by Sergeant M'Kelvey, who stated that it had been intended to search the premises on the following day. According to Mr. Jackson, evidence would be brought to prove that the defendant was the manageress of the shop for the proprietor, who Buffered ill-health through war service, and who had recently gone to the country to work. Carter had been in the habit of visiting jfchft shop, and telling all sorts of fanciful stories about his wife being ill, etc. He used to have ...a., soft, .drink ..every, time he called,.fhd usually bought a'-bofc.ifcf; chocolates, allegedly for his wife. On this particular date he had maintained th'af his wife was-ill,'and the defendT": ant's son had been sent for the whisky to Constable street: The bottle given to. the constable on the boy's return. There had been no sale, none was attempted, and there never had been any intoxicating liquor on the premises. Marsh was not on the premises at this time. "Those, sir, are my instructions." concluded counsel. ' The Magistrate: "Well, Twill maK» this promise: Someone is going to be prosecuted' for perjury—ejther the constable or the defendant. A jury will decide." Called by Mr. Jackson the defendant, during the course of her evidence, maintained that the constable hadi "lied on oath." (Proceeding.)