TEMPTED TO BREAK LAW

Evening Star, Issue 21966, 28 February 1935, Page 13

TEMPTED TO BREAK LAW

BENCH AND . CUSTOMS OFFICIAL Suggestions that people were tempted tn break the law by instruction of the Customs and Excise authorities wore made at Tottenham recently when tho Southwestern Tobacco Co. and an employee were summoned for selling cigarettes at a place not licensed for the sale of tobacco. The case for the Customs and Excise was that one of their officers, a Mr Harston, of Foyle road, Tottenham, entered into a contract with the firm to install at ids house an automatic machine containing cigarettes. For some time certain cigarettes were supplied. Then Mr Harston asked for another brand, and the change was made by an employee of the house. The Customs and Excise said this was a sale from other than licensed premises. Mr Harston agreed that from March 7 until May 2 the defendants did nothing illegal. Mr £. T. Rhymer (chairman): You changed deliberately, not because you wanted to smoke different cigarettes, but because you wished to catch somebody out. Mr Harston: I was acting on instructions. Announcing that the Bench dismissed both summonses, Mr Rhymer said ho did not know how far it was the duty of the Customs and Excise authorities to instruct their employees to tempt people to break the Jaw. The only way the defendants could be rendered liable was by employees of the customs and Excise suggesting and tempting them to break the law. “ Agent provocateur ” was not a term liked in England. From an English view this sort of thing was not nice. Mr Whitworth (for the defence), asking for costs, said that, as the chairman’s remarks implied, this was a kind of behaviour no decent man could stomach. Tho Bench declined to grant costs.