RESIDENT MAGISTRATE'S COURT.

Oamaru Mail, Volume II, Issue 421, 3 September 1877, Page 2

RESIDENT MAGISTRATE'S COURT.

THIS DAY. (Before T. W. Parker, Esq., R.M.) DRUNK AND DISORDERLY. Frederick George Hill pleaded guilty to having been drunk and disorcerly while in charge of a horse and c irt in Thamesstreet on Saturday, and was fined 205., with the option of two days' imprisonment. THE ILLICIT STILL. John Chalker, on remand, was again placed in the dock, charged with having a still and other utensils suitable for distillation in his possession at Incholmp. Mr. Balmer appeared for the prosecution, and Mr. O'Meagher for the defence. Mr. Balmer called Constable Townsend as a witness, and after he had been sworn, Mr. O'Meagher objected to his evidence being taken, and wished his Worship to understand that he objected to the evidence being admitted. Witness was then examined, and gave evidence as to accompanying the Collect o.' of Customs and Sub-Inspector Smith to the farm of the accused, and to the finding of the still, &c., He had known the accused for about two years. He had

been living at Incholme lately, on some land which formerly belonged to Mr. James Beatty, in a wooden hut, the one in which the still and other utensils were found. Prisoner told him (witness) that he slept in the hut in question, but had his meals at Mr. Hawker's. He did not know of anyone else named Chalker living in the district.

Cross - examined by Mr. O'Meagher, Avitness aaid he had never seen a still before. Prisoner had told him that he had got the pump from Mr. Richard Wilson, and had had it before lie went to Incholme. Prisoner had been living 011 the farm between two and three months.

James Beatty deposed that at one time he was interested in some land at Incholme. He sold his interest in that land to the prisoner. He had never had any conversations with prisoner with regard to the buildings on the land. Robert Garrow, Clerk to the Kakanui Road Board, deposed that there was an entry in the Board's valuation list for the Incholme Sub-division to the following effect: "No. 94-sections 56 and 57, block LO, Oamaru Survey District ; John Chalker, contractor, occupier ; Mathew Holmes, proprietor." Cross-examined by Mr. O'Meagher : He would not swear that there was a hut on the land. This closed the case for the prosecution. Mr. O'Meagher having referred to the fact of his Worship lia*'ing suggested to the prosecution to call more evidence after the case had been closed, stated that his Worship had exceeded his powers. He had since looked up the case of Regina v. Woodgate, and he certainly could not find anything to warrant his Worship allowing the case to be reopened as he had done. Instead of holding the scales of justice between the parties, he had assisted the prosecution. This looked like a desire on the part of the Bench to have prisoner convicted. He submitted that the case should have been dismissed on the ground of insufficient evidence, instead of fresh evidence being permitted to be called. He then quoted the clause of the act, and pointed out its arbitrary nature. He urged that Chalker was ignorant of the nature of the implement, found in his possession, and had simply purchased it for the purpose of boiling water. He pointed out that the still was not complete, and in consequence was not fit for distillation purj oses. He stated that Chalker had purchased the still from Mr. James Wilson, who had used it for boiling water for tea for his men, and Chalker bought it for the same purpose. There was no evidence to show any guilty knowledge on the part of Chalker, and in the absence of such proof the charge must be dismissed. He also referred to the absence of the worm, and urged that without that implement being produced it would be unfair to convict the accused. Had the worm been found on the premises a conviction might have been obtained. The learned counsel also referred to the fact t at not a vestige of spirit had been found in the house, and said that if Chalker had been in the habit of making whisky some of the liquor would have been found on the premises. He would place the defendant 111 the box for the purpose of showing how he had obtained the articles found on his premises.

John Chalker deposed that he bought the "boiler" from a man nam bd James Wilson, who told him that he had used it for boiling tea in for the men at harvest time. He (witness) had never seen a still in his life. They did not make whisky in the North of England, where he came from. He did not know what a worm was, and had never had such a thing in his possession. At the time of buying the "boiler" he was not aware that it was a still, or that it was suitable for distilling. He had bought thepump about two years ago, when he bought all the plant at the completion of the bridge at Kakanui. He bought the measure and funnel some two or tnrce years ago at a sale at Otepopo. He used the boiler for boiling water to steep horse-feed. He had no other pot for that purpose. He had never had a lid for the boiler. He bought the barrels of beer for his own use. He had been unwell, and the doctor had told him to eat and drink well, and he got the beer in consequence of that advice. He had had the large cask in the house about a fortnight. He never boiled any of the beer in the " pot," and had never boiled anything in it but water. Cross-examined by Mr. Balmer : All the articles which were produced in Court belonged to him (witness), and the premises in which they were found were in his occupation. He would swear that the police did not ask him for a still. They said they had come to search his house for a still, and he conducted them into the house. He did not point out the pot to them, but took them into the house, and said, " There you are, gentlemen, look for yourselves." The cask would hold about 50 gallons. The reason he did not take the beer to the house where he was getting his meals was that he would have too many to help him to drink it. He had bought it from the landlord of the Swan Hotel, and was to pay LI for it. He intended drinking it himself. He had not bought any malt since he had been in Otago. He had about a peck of wheat steeping when the police went into the house. He had been in possession of the house for about nine months, and during that time no one had been living with him. Hawkit and witness sank the well. This was the case for the prosecution. J His Worship, in referring to Mr. O'Meagher's remarks with regard to the want of any proof of a guilty knowledge on the part of the defendant, said the Act seemed to override any objection on the ground of a guilty knowledge not!

being proved. The clause of the Act was very explicit on the point of anyono having possession of articles Buitablo for distillation. The evidence for the prosecution certainly went to Bhow that the implement was a still, although by ingenuity he turned it to other purposes. There were onty two points which ho would have to consider ; the first wus whether there was any guilty knowledge on the part of the accused, and tlic second was with regard to the admission of additional evidence after tiio case for the prosecution had closed. Ho would take a little time to consider these matters. At a later period of tho day, his Worship stated that there was nothing which he could take into consideration on behalf of the defendant. The explanation given by the defendant was very unsatisfactory. After commenting 011 the statement of accused, his Worship ordered prisoner to be imprisoned for eight months with hard labour. Mr. O'Meagher gave notice of appeal, and asked that the prisoner might be admitted to bail pending tho result of tho appeal- . His Worship said 110 would look into the matter, and if ho found ho had the power to grant the request, ho would do so. BRUACH OF CORPORATION BYE-I.AWS. Andrew Bnuichman was charged by tho Inspector of Nuisances with having driven two head of cattle through Thames and Severn streets at 9 a.m. on tho 23rd ult. The accused pleaded guilty, but said that he thought lie had a right as a ranger to drive cattle through the town at any time of the day, and that ho was driving the cattle in question to the Pound. His Worship inllicted a line of 10s. and costs. ASSAULT. Hugo Jansen was charged by John Burt, with having, at Kakanui, on the 26th August, assaulted him, and tho said John Burt therefore asked that the accused might be bound over to keep tho peace towards him. Mr. O'Meagher appeared for tho defendant, who denied tho charge. The complainant gave evidence as to the defendant entering his bedroom and making use of bad language towards him, and striking him 011 the nose with his clenched list.

The defendant stated positively that lie had not struck the complainant, or raised his hand against him. His Worship dismissed the case.