PROHIBITION IN CLUTHA.

Mataura Ensign, Issue 856, 21 February 1901, Page 2

PROHIBITION IN CLUTHA.

I'KOSECUTIONS AT TAPAXUI. At the Tupanui S.M. Court on Moiuluy, before Mr 11. A. Stratford, S.M., James O'Dowd was charged with noil inn whisky on •23rd December last. Mr J. F. M. Fraser (Crown Prosecutor) appeared for tlie police, and Messrs D. 1). Miicdonuld (l)uncdin) and Ncave for defendants. Robert Giigor, returning officer (or the Clulhn Electorate, gave, formal evidence. John Thomas Fearnly, agent for a photographic firm and also in the employ of the Police Department, was in defendant's house on 23rd December Sunday evening in the upstairs parlor. There were also Messrs Tosswill and Dallas present. Defendant took an order for two whiskies hot and two whiskies and sodas, and witness paid for them with 2s (id, receiving lid change. Witness had a hot whisky. A. It. D. Tosswill stated he was in O'Dowd's on 23rd December. Looked into the parlor upstairs on his way to bed between 10 and 11 p.m. There was no one there. He had had to let himself into the house previously. He found the lamp in the parlor turned down. He went straight to bed. Had met Mr Dallas. Did not see him that evening. Did not recollect his being there on that date. Did not s.:o Fearnly at all that night. May have seen him earlier. Had not spoken to Dallas on the question. Had seen him that day, and th it wn all. His recollection was pretty clear, but it was a long way back. He, however, remembered he had been spending that evening with Mr MenV.ies, teacher. William Dallas, fanner, did not remember '23 rd December. Was ill Tapunui between middle and end of December. Was often in Tapanui. Could not say what day or days of the week he spent there in December. Thought he was two or three days at O'Dowd's. Mr Tosswill was stopping there. Ileniembcred his being there one night. C mid not say the date. Fearidv was in the parlor upstairs. There were some drinks brought in. Fearnl.v's statement as to that was not correct. D.i not know what the others had or what he had himself. He might have had whisky hot. Did not see any money pass. Mr Macdonald argued there was no case t > answer, but, on the Court ruling otherwise, ho called, •lames O'Dowd, the defendant, who stated that l'eirnly's evidence was untrue. He did not order, or defendant supply, any liquor on that date or any other dak ; nor did Fearnly pay him 2s lid or any money fur liquor. Dallas was in his house in December some time, and Mr Tosswill was a peniianent boarder. His Worship did not consider that the strictures passed on Fearnly by the defence were altogether justilied. If the p ilico chose to employ persons outside the force for the purpose of detecting that class of offence, anil paid them a wage independent of what the results of their labors might he, hj« thought the evidence of such a person might, in ordinal}' circumstances, he accepted. In this case, however, the police had failed to prove their case, and the information would be dis missed. The same defendant was further charged with selling whiskey on 31st December. He pleaded not guilty. Mr Macdonald pointed out that the summons had been served shortly after -1 that day. requiring defendant to answer the charge at 1 o'clock. He submitted that he was entitled to an adjournment. Mr Fraser urged that the evidence for the prosecution should be taken at once, and he would not object to an adjournment aflcr that. His Worship thought that but scant consideration had been shown defendent on this charge. He would grant an adjournment now until 11.30 next day, when the police evidence would be taken ; but at present, and as far as he could see, if, after the taking of that evidence, the defendant wished a further adjournment, it would he granted. KKCONII DAY. The healing of the charge against O'Dowd was continued on Tuesday. The witness in the former case (Fearnly) stated that on the night of the .*{ I~t he and Williams (another paid police witness) went into McCann's, where they had soft drinks, and they afterwards went to O'Dowd's, where they both had whisky and soda, and pa'd for it. The other witness (Walter Williams) stated that he had been at an entertainment that nicht, and meeting Fearnly they went to O'Dowd's straight without going elsewhere, and there he got lime juice and lemonade, and Fearnly had whisky and soda. He knew whnt Fearnly had by tailing it when O'Dowd was out. They had two diiiks each, and he tasted Fearnly's each time. In cro\s elimination h 1 stated that he had a clear recollection of the circumstances that night, but being asked if Fearnly's statement about being in McCann's was untrue he said it was true, but that he had foigjtten it. llobeilOrigin-, returning oflicei furClutha, gave formal evidence. This was the mux for the prosecution, and Mr Macdo.inld renewing his application for an adjournment it was granted until 13th March at 3 p.m. A CONVICTION liKCOltlil.il. C. V. Dimnelt, Kelso, was charged with illegally selling liquor on January Ist. Mr Fraser appeared for the police mid Mr Macdonald for defendant. The police agent.-:, Foaruly and Williams, deposed to being supplied w th l«cr at defendants hone en New Ycai's Day. The drink was so'd quite ojienly lu all comer* without any attempt at concealment. Mr Macdonald said there was no case to answer. He would call no evidence, and did not intend to address th>j Coint. The Crown J'roseetitor c'vtA two previous convictions against defendant under the ol I Act, and defend tnt was cmvict'-d and fined IMO, with 7j costs, or one month's impii* m . ment. Three weeks were allowed to piiy the tine. CASK WSMIKSKI). Patrick McCann was charged on thiee different informations with supplying Kearnly with liquor, and also Walter Williams. Evidence for the prosecution showed that when getting intoxicating beverages only one