Wyndham Sly-grog CASases.

Mataura Ensign, Volume 17, 17 May 1895, Page 3

Wyndham Sly-grog CASases.

THIS CHARGES DISMISSED. UNRELIABLE "INFOBMEBS." At the wjndham Court, on Wednesday, before Mr 0, 10 Rawson, R.M., Malcolm McCallum, of Edendale, was eh irged with the sale of spirituous liquor , without being the holder of a license. Inspecor Pardy prosecuted, and Mr Macalister appeared fcr thi defence. Angus vVynkland, called, swore he was in n McOallum'fl premises on 16th April, in com- " pany with CameroD, a hawker (name unknown), and another party. Had drinks together, which were paid for, Ho left by the afternoon train, going ou to luvercargill. • ■ Cross-examined : Was a carpenter or trade, but was not at present following it up - , was not looking ior woik. Was in McCallum^ house on t»\o occasions— on Tuesday, 16th April, and Saturday, 20.h. Did not pretcud to be an insurance Bgenr, nor did he »bk money for that or any other purpose. Had not b<*n at JCdrmdale previous Mo the 16th. Went to McCallum's -alone about 9.30 am, having com« by morning train from Clinton. His first act on entering was to ask for a pipe, so as to have a smoke. Was directed to the store, where he went, nnd was supplied. On his return had breakfast. C-.mld not remember Baying where he camo from. On enquiry was told hi could have breakfast. Had no drink then. Stayed about the place till about two b'clock. Had drinks ( between breaKfast aud dinner time. Dinner was Bervcd about noon. Have known Cameron about Dunedin for six or Beven yearß. Both camo through together from Dunedin. Did not previous'y know McCallum, though Cameron might have,. Cameron called tor diinkfl, which waio supplied without the slightest hesitation. Ko questions were asked. These were the first diinks, nnd were paid for by Cameron, There was a hawker about th-i placo at the time. Bought some wares from him, and then asked bim to hnve a drink. The hawker had soft stuff (lemonade), Cameron beer, and himself whibky. Mrs McCallum came in on the necond ocoasion. Had do doubt it waa McCallum supplied tbe drinks. Chatlss Cameron, Dunedin, said had 1 known McCallum fur about 12 monthß. Knew his premises at Edendale. Waa in them on 16 h April. Had drinks in company with Wynkland and others. MoCallum was piesent. Paid him for the drinks. Weat oa to Invercargill in the afternoon. Croes-tXimined : Came from Dnnedin. Lett, by, the afternoon train on Monday, 15th. Stayed at Clinton over night, coming on by morniDg train to Kdendale on the 16th, Did not try to get a esse at Clinton. Was not well acquainted with McCallum. Spoke to him about twelve monthß ago. Had not been many times in his place. Came afc the instance of the police. Was not naid according to tbe number of convictions obtained, bat'tried to do his best for bh cmDlbyere; Asked for drinks about a quarter cf an hour after he had been in the place. Knew McCallum did not bold a license Wynkland came in about half-an- hour afterwards, and ;>Bked for a pipe. vVas told where he could i_efc jt I did not have breakfast, having had ut at Clictoa. Hsid a drink with a stranger. Did not know his name. Saw him just now outside of the Court. Had two drinks with Wynkland, in the preseuoa of Mr and Mrs McCallum and a hawker. Got the drinks without dinger. Tbey did not know either witness by name. Witness said be was going to fiwtroiw to look for work. That was a jjLe-dar W he told a good few over the matter, «9d also heard Wynkland tell a good many lies, Had told tbe truth m the witness-bo_, Considered they were justified in telling him to get a eopyiciioa. ge-examined : Did not tell 8 deliberate jjuitwib. „ _ „ , . JTeil Matheson, constable, Dunedin, had a warrant to aearch McCallum's premises for liquor. Soizod two decantera whisky, partly filled ; two decantera port wine, do ; halfgallon demijohn, whisky, do f one dspanter brandy, partly filled ; one email beer barrel, almost omply; one barrel whisky, oartly filled ; one demijohn brandy, do ; ono _o port wine, do; four bottles whiskey; three bottles gin. Bat the warrant and ea<d to Mr McCallum that to save trouble he* might sa well show what he had in the olace Went through the parlor into a bed* Zoom, and was shown the liquor. McOullum _aid ' " You are not poing to take it all from iL"' and witness replied he was bfiund to take it all and could lsave none-ho Bhould have beon more careful in stowing it away, koallura said he onl/ sold it to a few of E neighbors-old curtoaww of brs-and further eaid one man came, calling himself *n infiuratwe agent, and wanted to insure ihe servant girl*' lives. He admitted hav.n? sold hJm "a, wee a'/PP' 8 - .M « M f' Galium came in and said "Malcolm, you did not cell that man with the goegles any? He said: "Oh, yes, I did. Moggie." $he then *aid «« I didn't give him any. £roBB-fl*amined : Uid not mention dates. Mr McCallum might have said the man with fcho goggles was bad, and had givon him a little brandy to euro bipj. Was quite positive _x> had admit: ed saying he had sold him t a Wfifi drappie." Did not know if Wynka nd was representing himself as »rj inFrance agent Did not hear them fit* <T gog gl_3 M goMxißk under special circumBtj This 3 'waß the case for proeaoution. Mr Maoiliator outlinsd the evidence to failed for the defence, commenting strongly ™ fch_ 'evidence o£ the two principal „j fnA . aeg *o whom credence could not bo 35s £* te in high terms of t!,a character hol«t client ' who .f was nofc likely would Uaat s»s fame over such a oase. The evidonco given vre3 Titus Oales over again— the informer* would swear away an individual's life for 7s per day, Se called Janet Thorn, a domestic servant, who said she had been in MflOalinm _ service two years and five montha. On the day in Question she was about all the day. Saw witness Cameron lying on the sofa witb a joc*v3p»P' , r covering his face, and the '* go?g<« *' wan having tucker in the kitchen. A servant girl supplied him with meal?. Was sure he gofc np drink that day. A ni'in «a»ed Keeler, who worked for the Edendale TLandC'o., was about the place. " Goggles " wanted to insure her. She wo^ld not insure with bim, He went to the becrxma doer, of the girl and looked in, wanting also to get her ineured. Was nofc irsured, and d d.it want to ho. Was about the place nil day. Cross-examined s Waa sitting in the dining joom. Was out and iv all day, Ho liquor ■v/ttfl euoplied, and none was asked for. Saw j tlie two parties going away by the 3 o'clock fcrain. Tbey were not in her company all the time, and might have aot liqnor ; but n „oe was *&t7ed nor asked for in her prssence _, , , Wm. Keelrtr, labour, Edendale. remembered lGth April. Was in McCallum's in •tho morning reading the papers. Saw " Goggles " come in. Tho other ha did not ffecognise, ac he was lying on the sofa with his face covered by a paper. Had no ooHr versaiion with either of them, further thau pissing the time of day. Did not have a drink with any one. Charles Cameron rec* 1 led : Could rot swear to :my one in Court as beinp the party iie recognised outside aa the individual who find drinks with him. Could not say if Kee?'** (who was brought forward for inapeoii||iil was the puty he recognised out- - iV ir WfA^rrt lime before. Saw him in a mshruc mk'bt be the same. Did not knew whore- tho p»rty was. He mi»ht be outside. . Could not describe the party he Bawontnide. Mr Macalister commented asyerely on this witness's statements. His Worship took him gently in hand, with no better resultp, witness being nn-iblu 4o tell whether Keeler wes the person he said , Wd3 ontFido Urn Court, or some other person. Malcolm McCallnra, defendant, sworn, said " Goggles " enmn representing himself „q an insurance «m< nt. Hoard him advise tfarooron that he ought to have his Jifo icsured, «' Goggles" bad breakfast at..!

[dinner, and left without paying, bat wa called back and mado to do co. Was posi tive he did not supply liquor either to then or those in their company, on the liifcb Keeler was in the place that day. Hean " Gfgglea " trying the women folk fo insurance. On the 20tb, •' Goggles " agaii came to his house, ana complained of beinf very b»d. Gave him •' a little drop" t< help bim, Got no money, nor had he seez tbe color of hia money for drink. Whei constable Matheson called with tbe searct warrant, witnes offered him " a wee drappi",' but the constable would not take it, Bx not remember having said anything tc Constable Matheson about giving drink tc " Goggles." The constable did n r t leave him a single drop in the honse. It waa too bad —(Laughter.) Cross-examined : Did not remember what passed between constable and self. This closed the case. Tbe S.M retired fora short tim.9, to look over bis notes. On returning ha spoke at oome length, remarking tbat in Liquor oases it was difficult to prove guilt, and be was well aware a good deal of perjury was committed. One had to be satisfied with.reasonable evidence; but in the case of informer*, •whore there was no corroboration, evidence bad to be taken with gr< at caution ; and in this oase the two principal witnesses did not pose in tbe box as reliable parties. The evidence of Constable Matheson was certainly given in a very reliable manner, but at the defendant did not appear to express himself very distinctly, it might be that the constable bad mistaken the nature of tho words used. The case would be dismissed. There was some applause from the body of the Court, but' decorum was quickly restored by the officials. Police v. E. Attwootl, Fortrose — Mr Hall for defendant. Angus Wynkland, sworn, said he arrived at Fortrose on Tuesday evening, 19th April ; stayed at Attwood's overnight, returning to Edendale by coach on baturday. On Friday evening had a drink (whisky) along with Attwood, which witness paid for. Was standing in the passage at the slide wben supplied. Attwood was in the bar. Cameron came forward as witness retirod, and a' so shoutod for Attwood, paying ls. They both had drinks. Witness then wenf into the sitting room . Cameron corns in, and asked for witness's flask, He got it in his room. While standing at tbe titting.room door, saw Cnmaron spp oach the side, and producing tbe fiVsk ask for a shilling's worth of whisky. Cameron bad the Ehilling in his hand, and was tossing it up while waiting to be sup_lied. Attwood went out somewhere to tbo back, and re-appeared with a bottle, apparently full. Poured liquor twice into a glsss, and emptied it twice into a flask. (Flask produced.) L?lt the place for a j time. On his return Cameron had gone . out, Both returned by the coacli on , Saturday. [ C"o?s. examined : Was paid whelh?r he got s convictions or not — was not paid according to ; result*, While at Fortrose, did aot pretend i to be a friend or a stranger with Cameron. • Had collected house rents in Dug edin for Mr : Attwood, and asked if he bad sold iha ' place. Was acquainted with Attwood's 1 Dunedin relations, and waa very friendly wiih him at Foitrosa. Pretended to him that he waa an insurance agent. Advise! him . not to sell liquor to anyone, as people were , eroing about trying to get at those who were ■ doing so. Might have "acted lies without . actually telling lies." Shook hands with Attwood, wheu leaving, and was friendly i now. Had been an insurance agent. Did • cot pay his coach fare until last night, Hia : leggings were left with Richardson, and , witness wrote him that be would pay his i fare en bis return. Could pot explain why he did Dot meet Hnmphruß, as promised, to pay hiß fare. Siept in Blackley's Hotel one night. Could not say why in tbe morning he went to Milne's Hotel for breakfast. Was passing when the bell rang, and went jn. gad no particular reason for it. (Mr HaU pvesged thja. point, but could get nothing further.) He rspjeseflted himself ftt Fortrose as an insurance agent, and bad inquired of a medico in Wyndham what his charges for examination would be i£ he got any cages, Admitted having told Cameyon at Edendale lliat the nebt thing he could do would be to effect an insurance on bis life, and also spoke to the servant girl on the asms business. Mr HaU called the attention of tbe S.M. to the later statements, which had been denied by the witness in giving evidence in ihe previous case, Chas, Cameron, sworn, said he arrived at Fortrose on Friday evening, 10th April, Stayed at Attwood's over night, returning by coach on Saturday to Edendale. Had drinkg (ivhieky) with Attwood, for which be paid 1«, afterwards getting a flack filled with whisky, fcr which he also paid Is, Cro33-examined : Was tolling the truth. Hj had also given evidence in the previous CBB2. D'd not tbink it was wrong to tell lies outside to sepure a conviction. The plan of campa ; gn wa9 arranged before leaving Duncdini Had been in Dunedin for a few year;. Did not intend returning. Was looking for work. Did not see why people woald Dot employ him because he was an iofoimer. Carried a revolver. Did not go to Attwood's in company with Wynkland. Did not ask Mrs Attwood'who he waa. Did not leave vX the same time in the morning. Treated each other as strangers wben among9t company ; only spoke freely when . alone, Tried Richardson to get the faro reduoed. Hfl4 on'y 15s in his poesesFion, although working for the Police. At this stage the contradictory nature witness' evidence as in the previous case was brought in, the S.M. and Mr HaU trying to get a satiffactory answer withoat avail as to jtijio idenjLi'F of the unknown. Before leaving the bos the BM. treated tb e witness tq some sound advice 'in the m-ifcter of making truth, ful statements, Constable Bogua gave evidence as ie seiz« ing liquor on Attwood's premises, under warrant . The liquor consisted of two halfbottles of whisky and a small quantity of beer. He stated that defendant admitted giving liquor to his boarders at meal times ; also to having supplied Wynkland as a friend. The bar was closed af; the time of witness' visit. This dosed the c-'.S3 for the prosecution. Mr Hall did not lead any evidence for the defence, conteu'ing himself with the fact tbat the sUtem-'.nts of the two principal witnesses ware as unreliable in this as ia the previous case ; also to tho fact that the quantity of liquor seized was so small that it was reasonable to suppose it wl-s for j»i}rr t onal uae. Infpectar Pardy quit:d reclio.is in the Aot relating to the fitting up of places for exposing sale of liquors without a license in contravention of the Act. The 8.M., in dismissing the case, remarked that the place was locked up, according to the constable's evidence ; that they could not compel the owner ti dismantle the place whioh had at one time been used aa a public bar of a licensed house ; also that the very small quantity of liquor seized did not surport the charge of sales. He referred in stronct term 3to the evidence of Wynklßnd and Cameron as unreliable. The police had been moßt unfortunate in their selection of men to carry out this work, and the Inppector having now a knowledge of these partieß.be (the S.M.) hoped he would never again employ them for a like purpoie, Their evidtnee was not rpliaMe, and ho could not believe them on oath.

A Feilding man was sued for the co3t of bis wife's funeral. He resisted the claim, on tbe ground that his marriage vow only made him responsible for his wife " until death do ub part." Henry Wilson, tho postmaster at Welshton, Florida, says he cured a crbo of diarrhcei of long standing in six hours with one small bottlo of Cliomberlain's Oolio, iCholora and diarrhrci Ramedy. What a pleasant BurprJßO that must have beon to the sufferer. Puok euros are not unusual with this remedy. In many instances only oue P or two doses nro required to givo permanent, , relief. It can always bo deponocled upon. ' When redncad with water ifc is plcusunt to I take. For silo by D, B. Esther,