WHISKY AND NO-LICENSE

Otago Witness, Issue 3145, 24 June 1914, Page 10

WHISKY AND NO-LICENSE

A RAID IN MILTON. A case of considerable interest took place before Mr Burton, d.M., at Milton on Monday, when Robert Milk, fishmonger, of Milton, was charged with having between March 25 and June 6, 1914, exposed and kept for sale liquor at Milton, in the Bruce no-ncense district. Constable Fox conducted the case for the prosecution, and Mr Hanlon appeared for the defendant. Before pleading, Mr Hanlon stated that defendant was asked to plead to two separate charges in ono information, and ho asked if the police would be prepared to withdraw one. Constable Fox agreed to this, retaining the charge “ keeping for sale,” to which Mr Hanlon pleaded not guilty Evidence was given by Messrs Powley and Keast, spirit merchants, and Mr Stewart (of Duncdinj as to quantities of liquor having been sent to Robert Mills during the past 10 weeks. Constable Martin, of Kaitangata, gave evidence as to assisting Constable Fox in making the raid. Mills admitted he had liquor, and took them to where a case, containing six bottles of whisky, was. Defendant accounted for absence of four bottles from the case by saying they wore stolen when the case was placed in his shed the previous Thursday. The thefts Mills alleged took place the morning he slept in after being to the Wingatui races. On the 6th inst., after 10 p.m.. Constable Fox and witness searched the place, finding a considerable number of empty whisky bottles in the yard. Five men were seated at a table in the kitchen, and a glass on the table smelt of liquor. Defendant had stated two bottles of the liquor from the cose had been consumed by his own use between Friday morning and Saturday night. Witness remarked to defendant that he did not appear to have been drinking, and Mills said he had just had some smoked fish, • and also implied that he had a bad head. Some cross-questioning between Constable Fox and the carrier Read, who was in the house at the time, evinced that Mills told Read that two bottles were stolen from the case. Mills interjected, and said it was four, and Read then said “Oh, I thought you said it was two.”

Mr • Hanlon rigorously cross-examined. Witness replied to questions as. follows: The liquor was not hidden in any way. Had had experience in previous raids. Had been a considerablo time in the Police Force. Saw no cups about the kitchen, only one "lass There appeared to be no drinking going on in the kitchen, where the five men were, but Mills might have been doing the bottle trade only, giving no “nips” on tho place. All the men found gave excuses for being on the premises. Mills never obstructed or prevented the search in any way. To Mr Hanlon: He had repreatedly received complaints about this house, and had seen several going to this house late at night, particularly on Saturdays. Only one of the school was in tho house tho night of the raiu. He expected to find the school there, but was disappointed. He had known Mills for nine months, and had never seen the slighest sign of liquor about him. He was a member of a respectable family. Mr Hanlon addressed the Bench, maintaining there was not a case for the defendant to answer. / The Magistrate ruled to the contrary. Robert Mills said he also dealt in bottles, chaff, wheat, poultry, etc. He never sold liquor in his life, and had no occasion to do so. He made a good living out of his business. He admitted getting the quantity of liquor referred to. He drank it all- himself, but sometimes shouted for customers paying accounts. Pie sometimes drank a good deal himself, and had consumed as much as a bottle per day, and, if he felt inclined, more than that quantity. To Constable Fox: He could not account for the complaints received by the police in reference to his place. He admitted having shouted for customers at times, and also having received about seven gallons of whisky during the past 10 weeks. He did not remember what liquor he received during tho period January 1 to March 25. Tho court books would show that. If the books said he received six gallons and four gallons of' beer in March, within a few days, he thought it would be true ; but he couldn’t exactly remember. Could not say whether ho received whisky during that period or n °The constable produced a list stating that 14 gallons of beer had been received during tho period stated, and no whisky. He sometimes drank beer, and at other times whisky. He thought the four bottles of whisky taken might be returned to him. He couldn’t say who was likely to have stolen the whisky. He could drink two gallons of beer in ono defendant was questioned by the Magistrate. Mr Hanlon decided not to call any further evidence. . . His Worship intimated that his decision in this case would be Deserved till, next court day at Milton. INFORMATIONS DISMISSED.

John Read, John Roid, George Fletcher, David Mills, and Wm. Buchanan were then charged with being on Mills’s premises. Constable Fox recounted the circumstances, and each of the defendants gave evidence setting forth reasons for being on the private premises, and the Magistrate dismissed the informations.