LIQUOR PROSECUTION.

New Zealand Herald, Volume LXV, Issue 20115, 28 November 1928, Page 13

LIQUOR PROSECUTION.

A PROCLAIMED AREA.

GARAGE PROPRIETOR CHARGED.

ALLEGED " PLANT" IN YARD.

[BY TELEGRArH.—OWN CORRESPONDENT.] HAMILTON, Tuesday. Unusual features were revealed in a case brought by tho Crown against Joseph MacHin (Mr. E. 1L Northcroft), who pleaded not guilty in tho Hamilton Supreme Court to-day (o a charge of keeping liquor for sale at Taumarunui, a proclaimed area. Mr. 11. T. Gillies prosecuted. Evidenco was given by Constable Robb that at 2.50 a.m. on August 11 ho and Constable Bruce searched accused's yard, between his garage and houso, beneath a heap of rubbish about 27 bottles of whisky. Shortly after seven o'clock tho same evening, in company with Sergeant O'Brien, he and Constable Bruce watched tho premises. They saw MacHin approach the "plant" and removo a bottle from it. Witness was certain the man they saw was MacHin. Constable Bruce gave corroborative evidence. Sergeant O'Brien said when ho challenged accused the latter ran away. He sent a constable to tho houso for accused and he appeared 10 minutes later. Ho had uo doubt as to accused's identity. In answer to Mr. Northcroft Sergeant O'Brien said he had instructed the constables to search accused's yard for hidden liquor. He admitted they had no search warrant and had no legal authority to trespass on the property. 110 would have no difficulty in obtaining a warrant if he had evidence. 110 could possibly have obtained a warrant without evidence. Ho had raided Macllin's premises a number of times without success.

Mr. Northcroft said the police had given accused a good deal of attention, 'lo bo frank, his client had been twice convicted for illicit trading in liquor, and these convictions had been made tho justification for the close attention MacHin had received.

Accused said lie was convicted of sly grog-selling in 1925 and 1926. Since then he had 6mbarked on a motor business, which had been conducted successfully. He produced a balance-sheet to show that during the past year a profit of £ISOO had been made out of the garage business. He denied all knowledge of the "plant" of liquor found by the police and he denied that lie was seen by the police until lie was called from the house oil the evening in question. In answer to Mr. Gillies accused said he had not sold liquor since his last conviction, when lie was sentenced to three months' imprisonment. He was putting the baby to sleep when tlio police called and had been engaged in that occupation for some time before he was summoned to the door.

The case was adjourned until to-morrow