MAGISTRATE'S COURT

Oamaru Mail, Volume I, Issue 204, 15 December 1876, Page 2

MAGISTRATE'S COURT

THIS DAY. [Before T. W. Parker, Esq., R.M.] and James Udall, Esq., BREACH OP THE LICENSING LAWS. Jeremiah Kenny was charged with that he did, on the 6th of December, at Teaneraki, unlawfully expose for sale in a tent certain alcoholic liquors, contrary to the Ordinance, the said alcoholic liquors not being exposed for sale as perfumery, but for drinking ; nor by a chemist, druggist, or apothecary as medicine ; nor as a bona fide sale at auction by any licensed auctioneer. Mr. Hislop appeared for defendant, who pleaded "Not Guilty." For the prosecution, Sub-Inspector M'Cluskey called Mounted-constable Rait, who stated on oath : On the morning of the 6th inst. I proceeded to the Cave Ya'ley District. I arrived at Teaneraki a little after noon, where I saw a large tent about fifty yards from the door, and near the railway. The tent had two apartments. It was open, and 1 saw a counter about six feet long inside, on the top of which there were about a dozen of tumblers. Behind the counter were two beer barrels, one having grass sods on it, and a brass tap at one end. On examining it I found that it contained beer. Behind the counter there were two bottles, one containing rum and the other whishey. I also saw two stone jars in baskets, containing whiskey and rum. I tasted the contents of the jars and smelt the contents of the bottles. The samples of rum. and beer produced, I obtained the rum from a bottle and the beer from the cask with the tap in it. I did not look into the inner apartment of the tent. Kenny was standing at the door when I went to Sub-In-spector M'Cluske3''. I took a memorandum in my note-book of what I did and saw in the tent. ! Cross-examined by Mr. Hislop : The counter is about 3ft. 6 In. high. The beei barrels were behind the counter standing up. There, were three mugs on the counter, as well as glasses. Kenny said they were part of his old stock, and that he did not know before I went inside the tent that I was going to s 3 arc a for " grog." Sub-Inspector M'Cluskey did not tell me to go in and search for "grog The Sub-Inspector went into the tent before me. Ttie samples of beer and rum I have in my possession since then. Sub-Inspector M'Cluskey deposed : On the morning of the 6t:i instant, I despatched Constable Rait to the Cave Valley District. I followed, and overtook him on this side of the Teaneraki Bridge. On crossing the bridge, I saw, to the left of the road, aud along the railway line, a large tent. I rode over to it, and saw that the door (in the end) was open. 1 called out, and asked there was anyone inside. Defendant came up to me. At the same time I saw a counter towards the back portion of the front of the apartment. It was erected close to the right hand side of the door, and was about six feet in length. There were several glasses and mugs on top. I dismounted, and asked defendant what he was keeping there. He said a store and boarding house. Constable Rait then came up, and I gave him my horse to hold. '' I next asked defendant where his stores and ut-nsils for keeping boarders were, and I think his reply was, " Oh, they're all used up." I next went up to the counter, and saw that-there were eleven glasses, some j of which were turned upside down, three mugs, and either one or two towels. I then went to the end of the counter, which was at the centre of the tent. When at the door, I had previously seen two barrels, one of which had a tap. Quite close to the counter, behind it, were two jsirs in baskets, beside which were twc bottles. I took a glass from the counter, turned the tap, and found that the barrel contained beer, about half full, as near as I could judge ,* the second one apparently contained very little, if any, beer. 1 then tasted the contents of the jan and the bottles,' and found them t< contain rum and whiskey. I the; ' placed them as near as possible to wher ' I had found them. Prior to entering tbi 1 tent, I saw two beer barrels quite plainlj behind the counter. After Mr. Kennw ] had told me that he, kept a boarding-J ] house and store, I looked round and could] * not see any shelves or any stores. After! I had examined the contents of the jaisj * and bottles, I looked into the inner apart-j 1 ment and saw a stretcher and a box in-| c side. 1 next went outside and took char gel § of the two horses, and told Constable Rain c to go in and see what was in the fron* E apartment. I further told him to take a? sample of the beer and spirits. He di«l so, and I saw him bring the samples awa® with him. if Cross-examined by Mr. Hislop : I can Hp remember what I said to Constable Raß* when 1 first came in. I think I said wh MB I have stated, but I might have sa jejg " Can you see anything V' Certainly if uj man told another to go into a tent asfi-J sample beer and spirits inside it would XgjJ tantamount to saying that ttiere we£e4><:iL± and spirits inside. I am not aware Constable Rait swore I did not tell him, / go in and sample the beer and spirits.

I went t<> the tent that day to took for an offender. E will not tell who the niietuier wan. , • ! t The witness teEttsefl point r.Urifc to answer the ipiestion f»«fc by counsel, ami the Eiencii was appealed » f " cor.ip'-l him. hat decimal t" ii" Mr. ilisloji then »•<: '(Tiesfcc'l t'u* Magistrate to take a note that the u.-.u it allowed to eross-examiners ha I ' •• > r* refund to hit u. Examination r I eticl. rmt expect to lirul any l'uproi,* in the tent. 1 ifot off my horsu several times ; but I eannob tell w'hf ru ov when. 1 did tell you this morning fcliafc I went out after a child that hail not been r-.-jc'stu'eU—notwitlis-an'-tin.ic that I have distinctly staf.ed t went pur* posi.ty after another o'i'ender. Mr. Histop- hail a'jain to appeal to Hu> Bench to direct fin-' witness to ;;tvc his answers in accordance to the rule* of the Court. Examination continued : Consiabte- Ratt may have seen me tasting tu> liquor. My face wart towards fv ntvy duriir; tlio operation, anil E have no doubt the constable

hail seen me iloin : s". I do not remember whether I lad a conversation at Teaneraki about the otle :d r. I be! e 'e, on recoil ctiou, I ha;l one convert.'. uiou there wish a person about tho matter. Although t tad but tuu one conversation I sent the consfcabfu baofc wifchort" the search for t..0 olt'jtuler tint ier. This concluded the evidencj Cor the prosecution, and Mr., Etisfop submitted that there rr.y no Ordinance bearing on the e.-w ofthvr than that passed by the now defunct Provincial Council, and it was the duty of the prosecution to produce it if it- were considered otherwise. Without, waiving thy point that there was no Ordinance at j resent in existence, enunaet eont':nti 'd that the prosecution had failed to prove the ease. Counsel then at s me length eiunmerited npim the evident:.: given by both witnesses,, and a.'so referred t<> the faei that as the terifc was at least fifty feet front the public roa l r it v.-as amu,what rlitltcrtlt to see I'y what process of twisting it o>u.ld be inferred that an' exposure has taken place. The Magistrates expressed their inability to give t eir tlteision. an.l judgment was kfscrved. sTWAtrsii A POI;.. Alfred sloir, on rorttand from yesterday,. charged with the above o.clr.e.e. was iv;ain up.. Itispector i\t't.Uitskey stat t tliat tiie do;t had been s;nco bnv; ! at Wai:uate. He called rijnr ,'.) llirper» w!u> d guard on th ; O tuiarrt and- \V.caki section of f.!i ? N'.i.'t'i Ota fo IJ'Ji.vavs. ( roe >ll ''c the prisoue - ' goin ; by t ..e lirvj to the Waitalci,. out jwlkuv' ab.»n,» the- dako of t'ao 7th or M 6 i inst. EI aha I a small yellow terrier with l.iiu at the time. V( !u. n i w«.nt to eolt c'; tlie tickets f asked ititu for the i :ket f>r h'i-.r do-j. fits answer was t!<ak 'i . !iil ii ,•! | S'lert ask.:d him for !>t. . the f i • o.' fctio auiuia'.. EI .j si at >d h:s •• ,(.-.0.; f'.ir having no ticket - for t.ic ♦ioy I.MS h.! had uot had time, :vt the train ■vas I • i..:i a;v It le aaiiuil hi. I jumped >n afi» -r hi n. Hi paid iuj t).L JEo ';<'t •\( n.i.- r.rat '. b„<to. - s it arrived r,.0 WaitaKi .r».,a.':i >:i, an i to >.k b u; do; wit i htm. E*ris Kier was reui:uuL'd till to-uiorvo-.v nioruiu;;.