PUBLICAN'S STORK ROOM.

Otago Witness, Issue 3015, 27 December 1911, Page 21

PUBLICAN'S STORK ROOM.

THEFT OF BEER. I In the City Polio© Court on Friday morn* ing, before Mr J. R. Bartholomew, S.M., Hugh Wilson and Robert Gear were charged with theft between the 16th and 17th of December at Dunedin, of 26 bottles of ale and two pewer quart measures, to the total value of £1 4s 6d, the property of William Crossan. Mr Dalian appeared for Gear, end Mr Hanlon for Wilson, and both accused entered a plea of " Not guilty."—Sub-inspector Cruickshank ©aid Crossan was the licensee of the Waterloo Hotel, at Caversliam. On the night of the date mentioned he had some liquor stored in his shed and when he examined the place at 11 o'clock all was secure. On the next morning he found that the door of the shed had been prized open, apparently with an axe, which was lying near, and that a dozen quart bottles of M'Gavin's bottled ale and 14 bottles of Strachan'a ale, and two quart pewter measures were missing. Later on in the day, from information received, .Constable Heard visited Gear's house, and found there the two accused. Wilson was practically drunk, and the constable noticed that he had two quart bottles of M'Gavin's ale in his pockets, and that there were other bottles in the apartment. He left for a short time and returned with Constable Findlay. By. this time the bottles had disappeared. -On. looking around five bottles were found hidden in different places. Wilson claimed the beer as his own. accounting for his possession of it by saying that he had bought it at the Parkside Hotel on the previous evoning. It would be proved, however, that he had not bought any beer at that hotel. Gear said that he slept in his own home that night, but this also would be disproved, and a similar statement had been made by Wilson, which also was not true William Crossan said tha* Wilson wan familiar with his premises, more so than the accused Gear. He know, also, that witness had liquor in the shed, and witness had caught him previously that night at the closing hour. To Mr Callan: The stoToroom was detached from the main building, and the accused would have to get over a fence about 7ft high to get to it.—William Gear, the father of the accused Gear, said he had known Wilson for two months past. On the evening of the date mentioned his son came into his house about 8 o'clock, and Wilson about 9.30. The two left together about 10.15, and witness did not see either of them again till the morning, when they arrived with a sugar bag with a number of bottles in it. Witness did not know what was in them, but he soon ascertained. Both men wero drunk, and he advised Wilson to go home. Constable Heard called about 15 minutes later, but soon left and returned with another constable.- —To Mr Callan: His sn did not live, with him, N but with the rest of the family at Gaversham Rise. —Robert Filewood, a boarder at Gear's, said that he saw the two accused leave on Saturday night, and neither of them returned till about 10 o'clock next morning. They came together, and both were drunk. Wilson was oarrying a sugar bag containing bottles of beer, and he had a -bottle of M'Gavin's in each. pocket. Witness and Mr Gear each had a glass. —David Wilson, father of the accused Wilson, said his son did not return on the night to his knowledge. At daybreak he heard someone enter his son's Bedroom and stay, for about an hour. Ho had not looked to see if the bed had been slept in, and could not say whether the person was his son or not as he did not get up to see. His wife got up about an hour afterwards but he was not there then.—Matthew Dawson, licensee of the Parkside Hotel, said Wilson bought a half-crown flask of Whisky on the Saturday, and a 6d draught of beer.. Witness had none of M'Gavin's beer in stock that week. —Constable Heard gave evidence as to visiting Gear's house on the Sunday, and going for Constable Findlay on account, of what he saw. He asked Mr Gear to order Wilson out, and then followed him up and arrested him for drunkenness. He afterwards arrested Gear and preferred the charge of theft against both. On searching Gear's house he found a pewter pot, the same pot as that produced, and which Crossan had recognised.—Constable Findlay corroborated the evidence.—John Sharp, an employee at the brickworks on Forbury road, gave evidenoe as to finding a number ' of empty beer bottles and one full one on the works. He allowed his mates to drink the contents of the full one. Constable Heard came and took possession of the bottles. —Mr Hanlon and Mr Callan both addressed the court at length on the facts.— Mr Bartholomew signified that he would conviet, and expressed willingness to hear an7,'thing counsel might have to say regarding the accused.—Mr Hanlon said the affair was more or less the outcome of a drunken spree It was Wilson's first offence and he would like to have the question of probation considered. —Constable Heard said that Wilson was a " sponger" for " beer. He knew him well and had never known him to work. —Mr Callan, on behalf of Gear,

o»dd he was in constant work and was <jcod »t his trade (painting). He would like this to .be taken into consideraion. —The •Magistrate said there could be no doubt that Wilson was the arch offender in the taatter. The accused Wilson was sentenced TO- two months' imprisonment with hard lttbour ? and Gear was fined £5 and costs HBs), in default one month's imprisonment. 'An order was made for the return of the bottles, etc