POLICE COURT.

Northern Advocate, 29 October 1887, Page 3

POLICE COURT.

Wednesday, October, 2Gxn 1887. (Before Messrs J. Bell and W. Bedlington J.P's.) T. HIIJj V. JI. P. M. ■WJUTKLAW. This was a Breach of the 19th Section of the heer duty act, 1880, by knowingly drawing beer from a cask without destroying the customs stamp thereon. Mr Killen for the prosecution, Mr Carruth in defence. The prosecution contended that under the 49th section of the Act, the defendant was to be deemed guilty of the offence charged until he had proved his innocence, and consequently the prosecution were not to be put to the proof The Bench over-ruled this contention, and stated that the prosecution should at least establish a prima-facie case, as contended by Mr Carruth. Mr Hill the collector of Customs was called, and deposed that he had authorised Constable Hogg by telegram (produced) to lay the information on behalf of the Customs. On cross-examination it was elicited that Mr Hill had that morning endorsed on the same telegram a more specific authority to Constable Hogg. Constables Gordon and Hogg gave a considerable amount of evidence, as also the

1 defendant. For the defence it was contended tftat the information must be laid either by the collector or a Customs Officer authorised by the collector, aiifl that it was not sufficient for the collector to authorise any person who was not in the Custom* service. Considerable argument ensued between counsel on this point, the Bench finally upholding the defendant's contention, and dismissing the case on those grounds. No costs were allowed. This concluded the third act in this now eventful drama.