PROHIBITION IN CLUTHA.

Otago Witness, Issue 2672, 31 May 1905, Page 59

PROHIBITION IN CLUTHA.

At the Balclutha Courthouse on Thursday, after Mr Gruickshank. S.M.. gave judgment in the previously-heard case of George and Martha Ottaway, jointly charged with, between the 2nd of November, 1904-, and! the 2nd cf May, 1905, unlawfully keeping liquor for sale in their boarding-house ati Nugget Bay, Port Molynexvx, his Worship said: The law cor.oarning keeping liquors for sale is very severe, and casts upon tha defendant the onti3 of proving that the liquor found on the premises was not kepfi for sale. The face of liquor being on the premises creates a prima facie offence, as it is ofeemed to be there not for consumption, but for sale. To rebut ihis presumption the defendant must satisfy the court that -the liquor was kdpt for some othen. purpose. In the absence of a satisfactory, discharge of the onus the court must convict the defendant. In cases like this E do not think that the uncorroborated statement .t>f "the defendant is of much value. l: A mere denial does not help the court to* any material extent; it does not prove that the liquor was not kept _ for sale. It is not as easy to prove a negative as a positive fact, but still the evidenoa of servants and inmates and frequenters of the houses and neighbours could be obtained to corroborato th© defendant's statements I.*1 .* Scarcely anything of the kind was attempted? here. The defendant's wife, although present iv court, was not called As the defendant has not discharged the onus, he must be convicted. As he lives away in* the remote districts, where the temptations to sell are strong, but at 'he same time tha profits very small. I shall not inflict the usual fine. He will be fuud £25 and costs (7s), or six weeks* imprisonment. The case against Mrs Ottaway was dismissed. Mr Inglis (for Sir Grigor) asked his Worship to fix security for -n uppeal, and £20 was stated. In the event < f the defendant not pre-* senting an appeal, one month was allowe,cJ in which to pay the fine.