THE BEER DUTY CASES.

New Zealand Herald, Volume XXV, Issue 9116, 26 July 1888, Page 5

THE BEER DUTY CASES.

The Resident Magistrate, Dr. Giles, yesterday morning delivered his decision in the case in which Mr. W. J. Suiter, brewer, of Newmarket, was charged with attempting to evade the beer duty by omitting to make certain entries in a book, as published by us oh Tuesday. In. delivering his judgment, the Resident Magistrate alluded to the number of charges, ten in all, and they might be divided into two classes— the omission of entries as to the quantity of beer, and the other as to the hogsheads. The defence was a denial—that the beer had been sent out without being accounted for, and that no fraud had been either contemplated or committed. In this position the Resident Magistrate coincided. It appeared to him that the prosecution had gone upon suspicion, for the evidence adduced would not, in his opinion, ■warrant him in considering the charges proved, and he was clearly of opinion that the defendant had rebutted them, and he should therefore dismiss all the charges. Mr. Thomas Cotter, who appeared for the defendant, asked for costs. The adjournments had been forced on the defendant, and had caused him considerable inconvenience ; and it was only fair that the Government, when they failed in a prosecution, should pay costs like anyone else. The Resident Magistrate said it was unfortunate that on the occasion of the first adjournment of the case, it should not have " been made, for _ a day when be was sitting; but had tnc cases been heard by the Justices, he believed they would have come to the same conclusion that he had done. He did not feel called upon to say anything about costs. Perhaps the other side might feel that it was a case in which they could recommend that costs be allowed, but he did not think it was a case in which he could make any recommendation, unless there was something more to go upon in the shape of discrepancy or error. It is easy to Bee how the Customhouse authorities might have been misled by the returns being sent m in this way. He did not see how it was to be avoided, but he thought there might be some arrangement by red lines, or columns, or otherwise, to make the distinction. Mr. Williamson, on behalf of the Customs, said he did not think under any circumlances it was a case in which costs should be given, and could not make any recommendation. Mr. Cotter: I do not see how anyone who could issue a summons and get it sent at midlight could.