CITY POLICE COURT

Otago Witness, Issue 3280, 24 January 1917, Page 27

CITY POLICE COURT

Wedxesdat, Januamt 17. (Before Mr 11. A. Young, S.M.) Liquor Sent to No-license Districts.— Arthur Harvey pleaded guilty to a charge ol sending liquor into a no license district on December without having notified the clerk of the court of h.s having done .so. — lie, explained that his clerk was positive ho posted the accessary notice on December 25 to the clerk of the court at Balclutha. — lie was lined 10s, with costs (7s). John Collins pleaded guilty to throe informations in respect to liquor having been sent into the Bruce electorate, and in connection with which tiie clerk of the court at Lawrence had not been notified. —He was lined lUs, with costs, on each information. A. and J. M'Farlane, for whom,Mr Stephens appeared, pleaded not guilty to three similar charges in connection with the Clutha licensing district.—Charles Albert Newman, chief letter clerk at the General Post Cilice, Dune-din, gave evidence as to the date on tiie envelope of the notice sent out, giving it as his opinion that the notice had boon posted on December 27.—Mr .Stephens said that two points were raised by the defence. The first was that A. and J. M'Farlane had been made the defendants in this_ case whereas they were not now in business, their business having been taken over by a company, in which the M'Farlancs were shareholders. A. and J. M'Farlane (Ltd.) should have been proceeded against. The second point was that tiie notice was posted substantially at the same time as the despatch of the liquor. Ho far as the mail was concerned, it really did not matter whether the notice was posted on Saturday or Sunday, because in either ease it could not have' gone before the mail left Dunedin on Monday morning. A feasible explanation of the position was that the envelope might have been stuck to another envelope after being posted. Malcolm Ford, manager of the company, gave evidence corroborative of counsel's _ statement.—John . M'Farlane Brown said he posted the notices on the day that the liquor was despatched.—To Sub-inspector Fouhy: To the best of his belief he posted the notices about midnight on December 23 along with a number of other letters. — The magistrate said the envelope containing the notices bore the date stamp of December 27, and the presumption in Jaw was that it had been posted on that date, and it was for the defendants to prove otherwise. Mr Brown, who posted the notices, could .:ny say mat to tiie best of his knowledge :,,'.. \ V i re posted on the day the liquor was despatched, but the clerk of flic court at Laiclutha did not receive tve lotfcoi until the afternoon of December 27, and it therefore could not have been posted simultaneously with the sending out of the liquor. He suggested that it would lie a wise plan for persons engaged in this trade to keep a register showing win n such notices were sent out. The defendants would be convicted and fined 10s, with costs (7s). on one charge, and convicted and discharged on the other- two. Sly-grog Selling.—Margaret Parker, for whom Mr C. N. Scurr appeared, was charged that, on the 6th inst., at St. Kilda, she did unlawfully sell liquor within the meaning of " The Licensing Act, 1908," without being duly licensed to do so, she having been once previously convicted of selling liquor without being licensed.—Constable Coppell gave evidence as to the number of men he had noticed coming away frora the defendant's house in Victoria road, on the date stated, during the time ho had the place under ' observation. lie found in the house a five-gallon jar containing about four gallons of beer, 21 bottles of beer, and half a bottle of whisky. The bottled beer was secreted under the head of the bath in the bathroom.-—Constables Turner, M'Lenr.an, Heiso, and M'Cartney gave corroborative evidence.—The defendant's evidence was a denial of the charge. She said she kept the liquor in her house partly for her own consumption, under instructions from her medical adviser and partly for the benefit of her friends and tenants.—Mr Scurr asked tho magistrate to impose a fine if he saw Jit to convict. —The Magistrate replied that the defendant had already served a sentence for a. similar oft'enec, and this had not deterred lv-r from a continuance of her practice. The filia provided by law was one of £IOO, but lie did not think this would prove effective. The defendant would he convicted and sentenced to three mouths' imprisonment, with hard labour, in Addington Gaol, and the liquor found on the premises would be confiscated. False Pretences and Theft.—James Fogarty pleaded guilty to tho following charges: —That, at Oamaru, on December 15, ho did obtain 4s from Colin Sievwright by representing that he was employed by Thomson and "Company; on December 3, at Oamaru, he did steal 12s 6d, the property of Alexander Forrestci ; on November 23, at Oamaru, he did obtain from William Jones board and lodging of the value of £2 19b by representing that he was employed as" a traveller by Mr Davies, of Briscoe and Co. : and on December 1, at Oamaru, he did obtain from William Crombie £1 in money by stating that he was having his post office account transferred from Dunedin to Oamaru, and would then pay him back.—Mr Oallan, who appeared for the defendant, stated that ho was 22 years of age, and had never previously been before the court or in any trouble. Counsel did not know how to explain this position except that ho was one of a large family of seven eons, who lived with their mother, who was a widow. Tho defendant being thrown on h? 3 "beam ends." tried to get money in this absolutely impossible manner. Ho had met with an accident which had laid him aside for a couple of years. He hoped that the magistrate would so deal with the accused as to enable him to get away from the town and its temptations. Full restitution would be made, as the money was all ready on the court table. —Chief Detective Bishop said that < those offences were evidently due to a criminal turn of mind. There were other charges which could have been brought against defendant. There woro also other matters mentioned in the antecedents' report prepared by Detective Hall, but no good purpose would be accomplished by making them public.—Fognrty was remanded for sentence till Friday next. A Sad Case. A woman was charged that. on' or about December 2.1. 1916, at D;mprKn. sh" did steel two pairs of shoes, n p:«ir of stockings, and a pair of socks, of the value of £1 15s—She pleaded guilty.- Chief Detective Bishop said that this was a very sad easo. Defendant was a married woman, with three or four small children, and in poor circumstances. She had to go out washing, and on the date mentioned, while

working to earn some money to help to keep In r children, who had neither boots nor : lockings, she stole the articles mentioned in the information. When interviewed about the matter she frankly admitted the ofFenoo. For family reasons he suggested to the court that a direction should he given to the reporters that tin's unfortunate young woman's name should not be published. lie had the h st of reasons for stating that her husband, who was a wester, would illtreat her if he became aware of th<so proceedings -The Magistrate said he did not know that it had much to do with the court, but he would commend the suggestion to the papers for their favourable consideration. Defendant would be convicted and discharged.