THE PROHIBITED AREA.

King Country Chronicle, Volume VII, Issue 581, 2 July 1913, Page 5

THE PROHIBITED AREA.

i JitQUOR AT\M|OKAIJ. In the New Plymouth Magistrate's Court, on Thursday, before Mr A. Crooke, S.M., the police charged Clement Hellar with having kept whisky for sale within a prohibited district, namely Mokau, under the Licensing A :t, 1908. Mr J. H. Quilliam appeared for defendant, and Senior-Sergeant Haddrell prosecuted. Constable Flannigan, stationed at Mokau, said he was on the bill lead ( ing up from the ferry when he heard voices, "and in consequence of what he heard he stepped atride and two men went by. He confronted them, but one man ran away, and got out of sight in the bush. The defendant had a portmanteau on his shoulder, and on his questioning him he said he had whisky in it, but it did not belong to him; he had, he said, found it at the ferry. Witness took possession of the liquor, and told the defendant he . wkrtd be held responsible for it. The bag contained ten bottles of whisky. To Mr Quilliam: Defendant was a labourer and bushfeller, he had been at the township for a week, and was suffering from influenza. He had known him for about nine months, and knew nothing against him: he bore a good character and was a hard worker. He could get no information as to who the other man was. This man had bad the opportunity 1 of running away, but defendant had not. The fact that the wbi iky was in the portmanteau did not prove that it bad been improperly imported. The accused had not been out of the proclaimed area for some days previous to hiß arrest. Mr Quilliam, addressing the court, admitted the onus of proof that his client had not the liquor in his possession for sale rested on defendant, but the police should prove that he kept the liquor for sale. Defendant had been asked by a man to help him cany the bag up the steep bill leading from the ferry. This man had told him that it contained whisky, but not know it had been illegally Mftduced. As any Britisher would be refused to give the name offSnis companion. "If," said counsel, "your Worship will refuse to allow a question to be asked and antiwered by my client in regard to the identity of the other person, I will put him in the witness box." It would, he continued, be bis client's duty to disclose the name if it were a case of murder, but he thought not in this case. If he bad to do this he would not put his client in the box. His Worship held that if accused were an innocent party, Mr Quilliam's argument might hold. Mr Quilliam said if he put his client in the box. and he refused to answer the question,' he might be committed for contempt of court. Sergeant Haddrell on being appealed to by counsel, said that he might have to ask the question in order to elicit the. true facts of the case and further the ends of justice. Mr Quilliam then said he was not prepared to put his client in the witness box. His Worship said that this put him in a v peculiar position, as the accused had said be found the bag "of liquor and had offered no further explanation. He couldnot see fhis way to avoid a conviction. Accused did not go in the witness box, bat the constable had said that he bore a good character, so be would not impose a heavy fine. Accused would be fined £5 and £2 8s costs. Sergeant Haddrell asked that an order be made for the destruction of the liquor, which was not fit for consumption. This was accordingly made.