JURY DISAGREES

New Zealand Herald, Volume LXXV, Issue 22954, 4 February 1938, Page 14

JURY DISAGREES

SLY GROG CHARGES TAXI-DRIVER IN COURT/ ORDER FOR NEW TRIAL [FROM OUR OWN correspondent] HAMILTON, Thursday After a retirement of four hours the jury conlil not agree in the case in which Samuel Mercep, a Dalmatian taxi-driver and restaurant-keeper, was charged before Mr. Justice Johnston in the Supreme Court at Hamilton today, with selling wine and whisky at Taumarunui, a proclaimed area, and of keeping wine, whisky and gin for sale. A new trial was therefore 'ordered for the next session and ■ accused was released on bail on his own recognisance of £IOO. Mr. H. T. Gillies, with Mr. J. R. Fitz-Gerald, appeared for the Crown, and Mr. N. S. Johnson represented accused, who pleaded not guilty. Constable's Evidence Constable F. Gordon, of Auckland, gave evidence that ho went to Taumarunui in plain clothes and obtained work. Ho and another constable went to accused's restaurant on the night of November 16. Accused was in a taxi outside the .restaurant, and witness asked if ho could have some liquor. Accused replied, "I do not know. Go in and sco tho missus." They returned to the restaurant, and a little later they were both served with whisky by a waitress. Each had two drinks, tho charge being 6s. Witness said he bought a bottle of wine from accused on the night of November 19 and paid 6s for it. Constable J. W. Bradford, of Ohura, stated that on November 20 lie took part in a raid on prisoner's premises. Mercep was present, and said ./that as far as ho know there was no liquor in the place. Witness said he found 13 bottles of wine in a kitchen cupboard. Six bottles of whisky and a bottle of gin were found in two ladies' handbags. Mercep said tho wino was a present from a friend. Ho know nothing about the contents of the handbags. Charges Denied Mr. Jolinson said the defence was a denial of the charges. Accusedigavo evidence that he know nothing about tho sale of whisky to Constable Gordon. He was away in his taxi taking a fare into the country on the night of November 16 at tho time. Accused also denied that he had sold a bottle of wine to Constable Gordon on November 19. Tho wine found on tho premises had been given to him as a present by a friend. Ho knew nothing about the whisky or the gin found in tho ladies' handbags. They were not his property. • James Tcringa, farm labourer, laumarunui, said he engaged the accused to drive him into the country on the night of November 16.