STOLEN WHISKY.

Northern Advocate, 10 February 1925, Page 6

STOLEN WHISKY.

FOURTEEN DAYS' GAOL. At the Whaugarei Magistrate's Couit yesterday Leslie John Morrison wns charged with drunkenness on Saturday and also with the theft of a bottle of whisky from the Settlers' Hotel. Senior-Sergeant O'Grady conducted the prosecution, Mr Carruth appeared for Morrison and Mr K. W. Tate, S.M., occupied the Bench. The Senior-Sergeant said the accused went to the Settlers' Hotel on Saturday afternoon and purchased beer and a bottle of whisky. He was not satisfied with his purchases, but stole another bottle of whisky. It was after the departure of the accused that the whisky was missed. Morrison was followed to the Whangarei railway station and searched, the stolen whisky being found in his possession. This class of theft was getting very common and licensees were complaining of beer and glasses being stolen. If the case against the accused were proved he asked for a severe^ penalty. Joseph Walker, porter at the Settlers' Hotel, said he remembered Morrison purchasing a bottle of whisky and six bottles of beer. Witness wrapped one parcel and Mr Dawson the other. After accused left the hotel another parcel of a bottle of whisky was missing, «o witness followed accused to the railway station where the bottle of whisky was found in accused's hip pocket. Accused had then offered to pay for it, but did not have the money, so the police were informed and accused was arrested. To Mr Carruth: There were two parcels of beer and one of whisky put up for accused. They were wrapped in brown paper. After Morrison bought the whisky he went away, but came back later. Subsequently witness saw accused with a bottle of whisky in his hip pocket. Accused's own bottle of whisky was in his coat pocket. This was in the hotel. Witness then told the proprietor and accused left and went to the station. Witness never actually saw the accused take the second bottle of whisky. Morrison was not drunk, but was "getting on" that way. He could walk all right. When seen at the railway station accused seemed to have had more drink. To the Magistrate: Morrison put one parcel of beer under each arm and the whisky in his inside coat pocket. He also had a bottle of whisky in his hip pocket when he got his parcels. All parcels were wrapped in brown paper. There were other parcels on the counter belonging to other people. To the Senior-Sergeant: After accused left witness missed a bottle of whisky (Black and White) from the corner of the counter and suspected Morrison. This bottle was not near accused's parcels. Albert Dawson, licensee of the Settlers' Hotel, corroborated the previous witness. There were a bottle of Black and White whisky and other parcels of beer on the counter. He sent Walker, to the railway station after the accused and Walker brought back a bottle of Black and White/ whisky. Accused went out of the Bottle Department with the Dawson's whisky which lie paid for and then came back for six bottles of ale. Witness did npt see accused take the parcels of beer. It was 5.15 p.m. when accused was in the bottle department.

Constable Sutherland said he arrested accused after receiving complaint from Walker of the theft of a bottle of whisky. Accused was muddled and claimed that he had bought both bottles of whisky, but stated: "A man would be a fool to tell the police everything.'' To Mr Carruth: Accused was drunk and not excited. About 9 p.m. on Saturday accused had stated that he had some parcels of beer and that he must have inadvertently picked up another bottle of whisky with his parcels. Mr ■ Carruth said his client was not drunk, but was excited when accused of the theft. Accused's defence was that in picking up his parcels ho had inadvertently picked up the whisky in mistake for a bottle of beer. It was quite a feasible mistake under tho circumstances. Immediately he found he had two bottles of whisky he had given one up. There was no felonious intent.

The accused said he came to Whangarei at 3.30 p.m. and went to the Settlers' Hotel at 4.15 p.m. This was the first hotel he visited. He purchased a bottle of whisky and rejoined his

friends and then went back and bought six bottles of beer. These he carried to the station. When he was accused of stealing a bottle of whisky he found he had two bottles of whisky, so he gave one up. He had no intention of stealing the whisky; it was purely a mistake that he came to have it. He had consumed a fair amount of beer between the time he arrived and went to the station, but he was not drunk. To Senior-Sergeant O 'Grady: He had been before the Courts in Wellington, Auckland and Whangarei for indecent act, sto wing-away and drunkenness. It was the second charge of drunkenness in six months. There was only one parcel on the counter beside his beer. His beer was wrapped in one parcel, and not in two. He never had a bottle of whisky in his inside coat pocket. He had one parcel under his arm and one in his hip pocket. Ho never offered to pay for the whisky or attempted to borrow money to pay for it. He did not know the brand of the whisky that was taken from him or how he came to have a bottle of beer in his pocket after his own parcels had been sent to Portland in the train. The Magistrate said he considered that there was no mistake made and he would convict on both charges. It was only last September accused was arrested for drunkenness and he was again up for the same offence combined with, theft. Petty thieving must be stopped. Accused was convicted, and sentenced to 14 days' gaol for theft and convicted . and discharged for drunkenness.