Sly-Grogger Fined £25; Magistrate Warns Others

Northern Advocate, 18 May 1943, Page 2

Sly-Grogger Fined £25; Magistrate Warns Others

Issuing a stern warning that persons engaging in sly-grog selling in Whangarei could expect severe penalties with hard labour, the magistrate (Mr. Raymond Ferner) imposed a fine of £25 with costs on Gordon Samuel Donald Boniface, known as Ricardo Martinez, in the Whangarei Court yesterday afternoon. Boniface was charged with unlawfully selling liquor on divers dates between March 27 and April 30, and also with unlawfully selling liquor on May 1. The charges were taken separately. Parties at Tikipunga

Constable H. A. Clements gave evidence of seeing Boniface speak to a United States Marine outside the hall. With Sergeant McCettigan he had followed them to a car parked below the fire station, where Boniface had been told the police suspected him of supplying wine to soldiers. Boniface had an unlabelled bottle of wine and said he thought the marine was going to a party in a house nearby. Interviewed later Boniface had said he had held several parties at his house at Tikipunga hill, sometimes as many as 20 people, comprising civilians, soldiers and marines being present, and about £5 worth of beer and wine would be there. He did not charge more than cost. Boniface had also stated that on the night he had been approached by the police he had had 15 bottles of unlabelled iwine in the car, and he intended charging two dollars a botHe, that being required because of the risk taken. He had bought two cases of wine from a man named Kokich and had removed the labels. He had intended dealing with only the marines.

On several occasions, said Constable Clements, he had seen Boniface in the vicinity of dance halls but seldom inside.

In reply to Mr. Johnson, who appeared for Boniface, he said Boniface had volunteered .the information at the police station. House Searched

Evidence was given by Sergeant R. E. Mcdeltigan that with other police offeers he had gone to Boniface’s residence at Tikipunga hill on Sunday, May 2, ( and accused had agreed to the premises being searched. In the kitchen there had been a soldier, a woman and a small girl. In Boniface’s room 16 quart bottles of beer and an uniabelled bottle of wine had been found and a dozen quart bottles of beer in a sugar sack. A dollar bill found in a box Boniface said had been received from a friend he would not name.

In the washhouse had been found four kegs and four cartons containing empty bottles. Sergeant McGettigan continued. There had been 83 quart beer bottles. 32 bottles in which wine was usually sold and three clear glass bottles. Thirteen beer bottles had been found under the house. Boniface had explained that the liquor (was to treat friends and for his own use. All the empty bottles had not been his and some had been there when he took the house. 1-Ie had been gathering bottles and had intended taking them to a hotel. Boniface had refused to say where he had obtained the liquor. I Calling at the police station later Boniface had said he did not wish to make any statement. When asked how he could afford the liquor he had replied that he had only collected actual cost and did not consider that sly-grog selling. Up to the time of the police visit wine bottles had been found at nearly every dance but since the raid there had been an absence of wine at dances. Threatened to Use Gun In reply to Mr. Johnson, Sergeant McGettigan said the other man in the house at time of the police visit had challenged the police right to search the premises and had threatened to use a gun. Corroborative evidence was given by Constables T. Agnew and J. V. Ball. Vladimir Kokich, a wine merchant, said he had sold wine to Boniface, the total cost being £9/12/-. Evidence was given by Mrs. Kokich of selling wine to Boniface for £3/12/-. Giving evidence on his own behalf, Boniface said he (was 27 years of age and for the past 14 years had been known as Ricardo Martinez. He had come to Whangarei early this year and had been employed at a hotel until about the middle of March when he had taken up residence at Tikipunga. He admitted purchasing wine and he and another man had arranged to have parties, details of which he related. A friend had brought ale and beer, he said. Not Trivial At this stage Boniface became rambling in his statements and Mr. Johnson said he did not know what he was talking about. The magistrate: I am sure I do not. Boniface denied having sold any liquor and said that when he had taken his house he had found in the bath empty bottles which he had washed. Cross-examined by Senior-Sergeant Henderson, who prosecuted, Boniface said that Mitchell, the other man in the house, had been with him when he had purchased wine. They had shared the cost. When asked for the names of those who had attended the parties, Boniface demurred, saying this was a trivial matter. The magistrate: You will soon find if sly-grog selling is a trivial matter. John Thomas Mitchell, a soldier, said Boniface was living with him, his wife and child at Tikipunga. About a dozen parties had been held when liquor had been available. He had accompanied Boniface when he had obtained wine from Kokich. Part of the liquor seized by the 'police was his property while visitors for parties had taken some with them, as well as eatables. In reply to Senior-Sergeant A. Henderson. Mitchell said he had been in the car when Boniface had bought the wine from Kokich. The marines had taken their c.'wn liquor to the parties. Mr. Johnson submitted that there was no evidence Of purchasing liquor other than wine and the police had failed to establish proof of sale of wine. Impressive Case While no direct sale had been provedthe prosecution had built up an impressive case against Boniface, said the magistrate. Boniface’s explanation, the unlabelled bottles, the considerable quantity of liquor found at his house and the purchase of wine by him were all impressive. The case had established more than a reasonable suspicion and the defence had utterly failed to remove it. Boniface would be convicted.

In mitigation of penalty, Mr. Johnson said that Boniface had been in the forces and discharged as medically unfit. He would have to enter hospital again for treatment. The most that could be said against him was that he had been too lavish in the entertainment of soldiers but he had not received any gain. Leniency was asked. “We are not going to have sly-grog-ging in Whangarei,” said the magistrate. -T had thought it was not prdyalent,

but from evidence given today it is again raising its head. I wish it to be clearly understood that if any further cases come before me the guilty person can expect a substantial penalty with hard labour, whether first offender or not. I will not inflict the maximum penalty of a fine of £SO or a month’s imprisonment on a first offender.” Boniface was fined £25 with court costs, the liquor seized being ordered to be confiscated. The police asked leave to withdraw the second charge, the magistrate agreeing. "