PORIRUA INCIDENTS

Evening Post, Volume CXXIII, Issue 55, 6 March 1937, Page 15

PORIRUA INCIDENTS

CONSTABLES' EVIDENCE

Evidence was-continued in the Magistrate's Court yesterday afternoon in a number of prosecutions under the Licensing Act, arising out of a raid on a cabaret at Titahi Bay on.the night of January 23. Herbert Keeling,' Josephine T'ephens, Hera Wallace, and William Churchill were each charged with being on premises at Titahi Bay, occupied as a cabaret and dwelling-house, in which liquor was seized by the police on January 23. All pleaded not 'guilty,

Sub-Inspector J. ' Dempsey prosecuted. Mr. E. D. Mosley, S.M., was on the bench.

Decision was reserved in each case,

Giving evidence in the charge against Keeling, for whom Mr. E. Foden appeared, Constable Phillips said that he heard Keeling say just as the police arrived, "What: about another drink?"

Constable Frank Thompson, gave evidence; of the seizure pf unopened and unlabelled bottles of beer in a locked washhouse behind .the cabaret.

Constable Johnston stated-that he was present at theseizure of 71 bottles of beer in a locked cupboard at Hunter's Garage, which was some distance from the cabaret.

Leslie Harold Davies, apalyst-in the Dominion Laboratories, ' said that bottles of liquor described as being sezied at the cabaret and in the garage contained 6.1 per cent, of proof spirit and were fermented liquor, coming under the name of beer. He was not prepared to spy whether it was good or bad beer. ■ ■ Josephine Stephens, in evidence, said that she had nothing whatever to drink on the night of January 23. She went into the sitting-room with a friend, Hera Wallace. Neither of them took any liquor to the cabaret or purchased any there. Hera Wallace gave similar evidence. PORIUUA CASE. William Churchill was charged with, a similar offence with reference to the premises of Harold Morgan and May Morgan, at Porirua. The Morgans were also charged with selling liquor. Constable Adams said that Churchill was sitting with Morgan at the kitchen table. There were a number of bottles about, which the defendant claimed to have purchased at a hotel in Wellington. He was not able to say what the name of the hotel was. A large quantity of liquor was seized at the Morgans'. Churchill said that he took three bottles of beer to Porirua on January 23. He did not buy or sell any there. He went to see Morgan about fishing nets. Mr. Mosley observed^ to Churchill that his story "did not appear to hang together." . May Morgan and Harold Wilson Morgan were charged with the unlicensed sale of liquor (beer) on December 16 and 17, at Porirua. They were represented by Mr. A. B. Sievwright. Constable Griffith of Auckland, said that on December 16 he went with two local residents to the Morgans' house at Porirua.. One of the men asked for a bottle of "lubricant" and Mrs. Morgan returned with a bottle of beer. The man gave her 2s 6d. They drank the beer on the- spot. Later, one of the men nodded, and another bottle was brought in. About 7.30 he asked "Stan" Morgan for. a bottle of beer. "Stan" Morgan said the witness would have-to ask Mrs.: Morgan as he ("Stan") was not allowed to handle it. Mrs. Morgan overheard the remark and got another bottle. 'Witness gave her 2s 6d and received Is change. She said tq "Stan," "Bring .four do2en down from the garage. We.'ye only got a dozen here, and I don't know how many we will need to-night." At 5 p.m. on the following day witness again went to the Morgans' with one of the men he had been with on the previous day. The man, McCarthy, a local resident, received a bottle of beer, which they., drank. McCarthy handed Mrs. Morgan 3s, saying that he wanted to pay for the bottle he had had) on the previous evening. Witness also bought a'bottle of beer, for which he paid Is 6d. It was consumed on the spot. ; OBJECTION TO QUESTIONS. Cross-examined by Mr. ; Sievwright, witness said that he arrived at Porirua on December 9. He had come down for this special work. He took up residence at the Porirua Hotel and was known as "Paddy" Griffiths. Mr! Mosley stopped Mr. Sievwright in his cross-examination regarding experiences with nurses at the hospital, saying, "You've gone as far as you can go, Mi-. Sievwright. I know what your object is. You know that it is necessary to ernplpy certain persons, young constables particularly, for certain purposes. The constable said that he did not know liquor was in a car which was taken into the hospital grounds. He did not know it was an offence against the regulations to take liquor into the hospital grounds. He had a job in the district. He did not tell anybody that he was a constable. When Mr. Mosley objected to questions regarding the visit of the witness to . mental hospital nurses, Mr. Sievwright submitted that if the police used methods that were questionable, and held out any ■ unfair inducement, the Court should refuse to coiwict. Constable Griffith, said. that he did not know what had happened to 5s given by him to a man named McCarthy for the purchase of gin in Wellington. He had seen neither the gin nor the 5s again. Witness denied that the only function of the Morgans'was; to transfer orders to Wellington. Once,; while he was at Morgan's house, vaman by the name of Anderson said; that he had paid -for 53 bottles and that Mrs. Morgan had not "shouted" him. '■■." , ■ "' In re-pxamination, the constable.said; that he had been employed as a groundsman at the' mental hospital. ;; BEER SUPPtIED. Mr. William HenvyMcllrEU'th, wine and spirit merchant, said that he was on subpoena to produce' a record of: liquor supplied to the Morgans. Between Deqember 19, 1936, and January 22, 1937, 408 bottles of 'beer, two of wine, and a half-bottle of whisky were dslivered c.0.dl to the Morgans. Cross-examined by Mr. Sievwright. witness said he knew nothing of sly grog activities on the part of Mrs. Morgan.

Constable Adams said that, with another constable, he entered Morgan's premises by the back door on January 23. Thirty-one bottles of beer, .and some whisky,, gin, and ■ wine were taken from the premises. Churchill claimed two bottles on; the-sideboard. Forty-one empty bottles were taken. There was an empty 5-gallon keg in the yard. Mrs. Morgan said that she usually got two dozen bottles of beer for herself and two dozen for a friend at the hospital, a Mr. Anderson. The extra quantity found on the premises had been purchased for a birthday party, she. explained. Mr. Sievwright said that Mrs. Morgan denied the sale of liquor. Her home was only used as a depot, where, .orders were left.

James Alexander Anderson, mental hospital employee, said that he had a standing order of two dozen .bottles, 29s worth, per week. . ■

Mr. Slevwright: What did you do at Morgan's?