SMUGGLING AT THE WADE.

New Zealand Herald, Volume XVIII, Issue 6108, 15 June 1881, Page 3

SMUGGLING AT THE WADE.

William Wilson- was charged yesterday at the Police Court with a breach of the Customs regulations, by being concerned in keeping certain contraband goods, to wit, spirituous liquors, at the Wade on. the 4th of March, ISSI, thereby forfeiting a., sum of £100, for which the Collector of Customs elected to sue. Mr. Laishley, who appeared for the Collector of Customs, asked that the ease stand over until 2 o'clock. When the Court assembled at 2 o'clock, Mr. Laishley said that he proposed to ivith--1 draw the charge against Wilson, not that the Collector of Customs had any doubt as to the substantiality of the charge, but in order that Wilson might appear in the other cases. The charge was withdrawn. William Morton was then charged with, having 100 certain quantities of spirits in his possession. Accused pleaded guilty, oad said he had nothing to say further. Mr. Laishley said that the two men, Emerle and Polkinghorne, who would be charged under auother section, had sold to these men the goods mentioned in the information at the price of 14s -id per gallon, or something less than the duty. Mr. Laishley then detailed the facts as in evidence. The charge had been withdrawn, against Wilson because he had acted, in a very straightforward manner in giving information. His Worship said he would pronounce sentence after hearing the cases against the other parties.

Richard Polkinghorne and Adam Emerle were charged with bi;ing concerned in smuggling spirituous liquors at the Wade on the 4th of March. Mr. Laishley appeared for the Collector of Customs, and Mr. Lusfe for the defence.

William Henry Morton deposed that he lived at Lucas' Creek. In January laafc ; Adam Emerle came to him and offered to sell him grog. He did not on the first occasion purchase any, but afterwards met both prisoners, and agreed to pay £10 for 6) gallons of rum and 4 dozen of brandy. Witness paid £5. Prisoner was to deliver the spirits in a week but did not. Emerle told him where it was, and witness went and took it. He said it was buried in the ground, on the bank of Fisherman's Creek, that is within a quarter of a mile of Polkinghorne's house. Prisoners lived together at that time. After witness paid the £5, and-before he got the grog, he saw Emerle, but he always put him off. Polkinghorne was present sometimes, and took part in the conversation. He treated the transaction as being one of the principals in it. In consequence of witness not getting the grog early in March, •he went to the spot described by Emerle. Wilson went with witness. They took two jars (jars produced), and two case 3 containingfour dozen brandy. These things were completely concealed in the ground. The jars contained about six gallons of rum. They put the grog into a boat, and when they camedown the creek they met Polkinghorne and Emerle in a boat. This was at night. Einerle-: spoke, and I said I had the grog. He said "You shan't take it until you have'pald for it." I said "Give me back my £5; and takeit.". He would not dothat,. but threatened to take it by force. He said if I did not give the other £5 by next night,, he would lay an information for smuggling, and make, it hot for witness. Polkinghorne took.part in the conversation. On the 29th May, he saw Emerle and. paid him the remaining £5_ Wilson was present. In cross-examination by Mr. Lusk witness deposed that he and others drank the grog. It lasted the three about two months. The brandy was good. He had known prisoners for three or four years, but never knew them to have grog before. He never, paid Polkinghorne anything. William Wilson was then examined,: his evidence being mainly a corroboration of that of Morton.

Maurice Kelly, hotelkeeper, Wade,, deposed that, on last Sunday fortnight, Emerle came to him and offered to sell him grog, tobacco, or cigars—anything he required. He offered to supply rum at 14s per gallon,, and brandy at 16s 6d. The duty is 14s. Be bought usually from Mr. Mackay, and paid. 25s per gallon. That is the ordinary wholesale price.

Thomas Kelly, hotelkeeper, Wade, deposed, that, in January or February last, Emerle came to him and asked him to buy some liquor. He said he could sell either brandy or rum, from one gallon to ten, for 16s pergallon.

Constable Moar, stationed at Devonport, deposed that he visited the place where the grog was said to be planted. It was im-

mediately opposite Polkinghorne's house. For the past six years Emerle has been trading between Auckland and the Wade.

Mr. Lusk said he had only learned what the nature of the case was as he went along. Defendants were in the awkward position of not being able to furnish evidence,, and he wished to ask the Court whether recent changes in the law did not make it permissible for them togiveevideace in cases under the Customs Act. His Worship said in the Customs Act there was an express provision, and there should be an express repeal, but he would examine them. Mr. ljaishley contended that accused could not be examined. Adam Emerle, native of Abyssinia, deposed that he only went into the dingy in Fisherman's Creek by chance. Hα denied that he had got part of the £5> He had never smuggled. When people came to him and asked him. if he would smuggle, he would say yes, to keep them on a string just to get their trade. He never smuggled.

Richard Polkinghorne deposed that he ■was a settler at the AVade, and sometimes worked as a contractor. He was never concerned in selling liquor illegally or in smuggling. On the 4th of March last, to the best of bis recollection, he saw a boat at dusk crawling up the creek, near his place. Thought it was after his fruit, as his orchard had been plundered previously. Asked Emerle when he came in if he had seen the boat, and he soid "No; possibly she had gone in amongst the mangroves." Went to see, in a dingy, and came across two men in another dingy, which appeared to be deeply laden. Looked in the boat, but saw no frnit. They had cases of some kind in the boat. The men had their hats pulled down on their

faces. Aftcrwardssaw a lire opposite his place, and on going over to see if the fascines which they had been cutting there were on fire. Discovered two mounds of earth, as if something had been planted there. He knew nothing of the jars spoken of, and was wholly innocent of the charges preferred against him. When he saw none of his fruit was in the boat he was satisfied, and went to see where the fire was. It was correct that he told Constable Moar he desired to follow the boat as he suspected somethiug, but Emerle dissuaded him.

His Worship said he had no option, after the evidence given, but to, find the accused Adam Emerle and Richard Polkinghorne £100, and costs incurred, £5 15s. William Morton was then placed in dock. Mr. Laishley said the Collector of Customs, in this case, after the straightfor ward manner in which the accused bad given evidence, and the assistance he had rendered the police, had no desire to press for the full penalty. His Worship accordingly fined Morton in the mitigated penalty of £25, and £2 9s costs.