Magistrate's Court.

Oamaru Mail, Volume XXIII, Issue 7358, 4 November 1898, Page 3

Magistrate's Court.

THIS DAY. (Before Major Keddell, S.M.) SLY GROG SELLING.

James Kennedy and Catherine Kennedy, of Waitaki South, were charged that on October 21st, at Waitaki South, they did unlawfully sell certain liquor, to wit, beer, without being duly licensed to sell the same. Mr Creagh, Crown Prosecutor, appeared to prosecute on behalf of the Police Department, and Mr Harvey defended. The accused pleaded not guilty. The information was laid under the 159 th section of the Licensing Act, 1891. Francis Nelligan, police constable, deposed that he was at Waitaki Sonth, at James Kennedy's on October 21st. He met Constable Prineskie there. They both had dinner, nobody else but Mrs Kennedy being present. He asked for a glass of beer and asked Prineskie what he would have and Prineskie said he would have a glass of beer. Mrs Kennedy brought two glasses of beer. She went to fetch it Kennedy came in while they were at dinner, but nobody else. He left about 3.30. He saw Mrs Kennedy before leaving, in Constable Prineskie's presence. He asked for another drink but did not get it. He gave her 2s, saying, " There's la for the dinner and Is for the drinks." He was standing in the passage at the time. No further conversation _ took place. Mrs Kennedy made no objection to taking the money. There was no young woman present at the time, though there was one about the house.

To Mr Harvey: He did nob say his name was Murphy or Maloney. He had been 11 months in the force. Ue had been sent down with Prineabie for the purpose of securing convictions. Mrs Kennedy did not ask, " Will you have a cup of tea or a glass of beer ?' He was not present when Prineskie paid for his lunch. He aßked for a drink when he arrived, but did not get it. The only time he got a drink was at lunch, although he tried both before and after lunch, but was refused. He was steadfastly reiused drink after lunch. Mrs Kennedy did not say it was only Is for dinner. She did not throw the 2s-piece after him. He left Prineski standing in the passage when he left. When he left he came towards Oamaru. When he had gone half a mile he returned past the house and went to Glenavy. Mrs Kennedy went to the door with him when he went for his swag. He again asked for a drink, and she said that he could not get it He might have said "Oh yes, you can, I've had it here before, last year.'' He would not swear to this, it " was like a dream to him." She did not say aa far as he remembered "If you did ib was nob in my time." When he was leaving she did say have you paid the boss for your dinner ?" He said "So" and palled out a florin. Prineskie was present. He did not remember Mrs Kennedy saying " Let me pass, till I get the change." He did say "I don't want your two glasses of beer for nothing." She did. not throw the florin after him and say " I sold you no beer." He did not see Prineskie on the verandah when he returned. He saw him on the railway line and said he was going to Glen-.vy to take the train, and be was to keep a sharp look-out for fear any drink was removed in his absence. He and Prineskie had a game of cards with Kennedy after dinner. He won one game. They played three. They were playing euchrp. When Prineskie lost he asked Kennedy to bring in the drinks. Kennedy refused. He would not swear that he then said " Well, what are we playing for 2" He remembered Kennedy saying " We're playing for pastime. It's a windy day and I can't work much and have to go to a meeting at Glenavy." Witness then said " Well I've heard of playing for buttons in Ireland, but this cap 3 all." Kennedy then suggested playing for pins and needles. He was a farm laborer before joining the force. Prioeskie had been in the force about a fortnight.

To Mr Creagh: He saw a Maori named Martin at Kennedy's whom he knew and who he thought knew him. It was before he asked for the second beer that he saw Martin talking to Kennedy. Police Constable Prineakie remembered being at Waitaki South on October 21st, at Kennedy's. He had dinner there with Constable Nelligan, in Mrs Kennedy's presence. They had a glass of beer each, which Mrs Kennedy served He paid Mrs Kennedy Is for his dinner. He saw Nelligan pay Mrs Kennedy for his dinner and Is for the two beers. He paid her a 2s-piece. Mrs Kennedy made no reply, but put the money in her pocket. To Mr Harvey: He did not try to get drinks before dinner; he conld not say whether Nelligan did. They played euchre after dinner. He lost two games, but did not want to shout. He was positive of that. Nelligan did not want to shout They were simply playing a friendly game of cards, and nobody wanted to shoot. Nelligan did not say, " What are we playing for ?" Kennedy did say something about playing for pastime and having to go to Glenavy for a meeting. He did not say anything about playing for pins or matches. He did not hear anything said about playing for buttons in Ireland. Kennedy did say to him that he would bring him some whisky from Glenavy if he liked. Nelligan did not ask for a drink when he came in. He would swear it because "he was not there." No one went with Nelligan to get his swag. He heard Nelligan ask for beer before leaving, but Mrs Kennedy refused to give him any.- Nelligan tried several times to get a drink, but was refused. She said she had no liquor for sale. Mrs Kennedy did not ask Nelligan, " Did you pay the boss for your dinner 2" He saw Nelligan pay 2s for the drinks. Mrs Kennedy did not say, " Let me pass till I get the change." He would not swear whether Nelligan said, " I don't want your two glasses of beer for nothing." Nelligan then went out, and witness sat on the verandah for a little while. Mrs Kennedy did not throw the florin after him, nor did the servant girl go out and pick it up, and say, "I wish these sort of fellows came about oftener." He met Nelligan over on the railway afterwards to receive some instructions about not letting liquor away. He had been in the force a fortnight, and had pre. viously been a shepherd. Mr Harvey: H you take my advice you'll stick to shepherding. Henry George Hunt, mounted constable, deposed that he searched the premises on Saturday, October 21st, and found 1 twogallon jar nearly fully of whisky, a cask with wine, a barrel with a little beer in, a decanter of whisky, a decanter of wine, and an empty jar, which Mr Kennedy said he used for breaking down his whisky, which he bought overproof. The beer and a decanter of whisky were found in Kennedy's bedroom and the wine on a shelf; Kennedy said this was for sale to anybody. There were aIBO a number of gin, whisky, and schnapps bottles under the counter. In the bar were a quantity of ssrated waters, etc. He seized the liquor. Kennedy told him that hia wife had refused the two shillings for the beer. Kennedy gave him to understand then that he knew Prineskie was a member of the force. This closed the case for the prosecution. Mr Harvey submitted that there was no case to answer. The evidence of the two constables was directly contradictory on all points of any importance. It was unfortunate that the Department should have sent down two of the stupidest men in the whole police force, and it was obvious that one or other was saying what was not true. TTia Worship held that there was a case to answer. The case was resumed this afternoon, when the information was amended to apply to Catherine Kennedy only. After hearing evidence, hfa Worship convicted accused and fined her L20 f with solicitor's fee L2 2s and costs 7s. With regard to the liquor, his Worship declined to make an order, as it was no doubt the property of James Kennedy, who wa3 not convicted. Mr Harvey intimated that his client would no donbt appeal, A charge of a similar nature against Patrick Kiely and Selina Kiely, of Enfield, was adjourned for a month, owing to an essential witness'being incapacitated from ! attendance for that period.