ALLEGED SLY GROG SELLING.

Poverty Bay Herald, Volume XLIV, Issue 14236, 2 March 1917, Page 4

ALLEGED SLY GROG SELLING.

SEQUEL TO POLICE RAID AT NGATAPA. As a, sequel to, the police raid made at Ngatapa last Saturday night, William Baynes was charged at the Police Court .before Mr W. A. Bartoy, S.M., this morning with alleged sly-grog selling. Two oases of liquor were seized by tne police and the bottles, some 47 iv number,, were arrayed , along the front of the jury seats.. Mr Buriiard appeared for defendant, who pleaded not guilty. Senidr-Sergt. Murray conducted the prosecution. , John Alley, horsebreaker and dealer, Te Arai, deposed that lie knew Robert Barwick, fanner, '_ of Ngatapa, well. About the beginning of February witness was employed by l)im casually to break iv horses and on fa^m work. When, at Ngatapa witness made Barwick's place his home. On February 19, witness was with Barwick, and slept there that night. They left the house together between five .aud six m the morning and witness was going to Te Araf. Barwick had left his horse \uid trap on the road the previous night. He drove m witness' trap until ho came to. his own vehicle, whiuh he got .into, and drove along m front of witness. Barwick went to defendant's store. After ho had been m there for twenty minutest or half an hour witness, called- out to him that it was time he. was getting on the road. Barwick came out and called witness m. Witness went m, and saw a glass with a little whisky, m it on the counter- There ' wore three other glasses on the counter. Barwick said to defendant, "This' man's all right," and he explained who witness was. There ..were four, men. tliere. Barwick asked witness if he had atiy money on him. Defendant -was at this time behind the counter.,., . Witness produced a bag and turned gut 6s. or 7s on to the counter,, and, told Warwick to take what he wanted. .Barwick took a halfcrown, and paid : "We'll have some more drinks now." Tlie glasses were filled with whisky, from a D-C-L- bottle by defendant,, . and it was drunk by witness,. Barwick, and another man who witness did not know. He did not notice if defendant had a drink. He was anxious to get Barwick away. Hi* Worship: It did pot look like it. Witness said Barwick gave defendant half-a-crown. but he did not see any change given. Witnessi told defendant 1 not to give . Barwick any more whisky. J Barwick said if he could not gpt any more there he would come to town. De- ' fondant, did not say anything but he gave Barwick two bottles which . wit- ' ness believed contained hop beer. When ; Barwick took the half-crown., witness ' put the rest of the money, back, in his pocket. After, witness told defendant not to give Barwick any more whisky they remained ;in the store about five minutes. Defendant came to. witness yesterday on the' .Ngatapa road, , and asked him if he • Jknew, anything . about this case. Defendant also asked him if he had a summons, and witness , told him be had not. It was not true, but he did not want defendant prying into his ' private affairs. Defendant looked black and drove away. ' Jlr Burnard : J hope you have not told, any lies, to-day?— Xo. ' What* were tho size of those glasses ?-rWell, I didn't have a rule .to measure them. His Worship : No, what kind wero they? Witness said they were ordinary pub-lic.-house glasses. Mr Burnard : Were you quite sober that morning? — Yes, 1 have not been drunk this two yearn. . How much did defendant put m .the glasses? — About one linger high. (Laughtpr.) I'm used to having it lour fingers high. i i r ,pu used to drink freely ?.— Yos, „ And as a result your mind became somewhat unhinged!— lf your mind was as sound as mine ' His Worship: Oh, no, you must not talk liko that. . Mr Burnard : Have you not been iv a mental hospital as tho result of drink 1 — Yes, it was tho best thing that ever happened : to me. I asked to bo sent there. His Worship: How long ago was this? About two years, I think; 1 don't look back — I. look ahead. Mr Burnai'd : Aie you sure all this liappepcd ? — Yes. What made you give this information at first? — Mrs Barwick asked *me to. What did you get for it? — That's my business. Answer the question? — Nothing. Do you wish us to believe tliat? — You can. believe it or not. .Air Bufcnard was asking witness why he did not say at first he got nothing, and witness told counsel not .to make a song about it. * His Worship counselled witnesp not to get excited. Mr Burnard : Were you not promised anything? — No, I was not> What were you employed by Barwick for? — To muster and, pick out some sheep. ' | What are you , doing now ? — Standing fn this box. (Laughter.) ' | On the question being repeated wit- i ness said he was droving, m, reply to J further questions by Mr, Burnard, .wit- \ ness said Aire Barwick had told him her ; troubles. He had .to hold Barwick down ' as he was mad with drink. He did not JEeel very proud . at being ..a reformer, but thought he was doing a good turn. It was to Barwick from getting drink that be. informed the police.;. ,, . Robert Barwick, Ngatapa, said he knew defendant, who . was a storekeeper . at Ngatapa. Witness purchased stores fropi Jiim. He only travelled once with Alley last, month, going from .witness' house .to the MatawJy[ero bridge. . They both left witness' house m their own traps. , Witness was not perfectly sober . that morning. He had been driving Hie previous aay, but did not know where. Ho did not ' think he took tha horse and trap home that day. . Somebody brought his trap home. He remembered going to defendant's store th^t . morning ; it was early because the store was not open. Witness kicked defendant up, and he went to tbe store and enquired what witness wanted. Witness said": "Give' , ma a hop beer or two." Defendant prot duced a bottle of hop heer., aud inquired . who witness' friend outsido was. Witness sai,d it was -an old friend of his. Defendant said, "How about asking him - m?" Witness said all right, and he . beckoned through a hole m tlie window f to Alley to come. , Alley remarked, "What is .this?" Witness told him it ' was hop beer. There were three glasses l on the counter, aud the hop beer was j poured out by witness before Alley came , m., The third' glass was for defendant. . Witness w^a sure it was hop beer. He . usually drank beer. While they were i drinking defendant said, "How about _ tlie money?!' Alley produced 6s or 7s. - Witness did not handle any of tho i mon?y. Defendant took up some of it. r Alley then said they had better turn it , on again, and defendant produced three c more bottles.

His Worship : Still bop beer. — As falas I knew ; it was labelled hop beer. Witness said defendant took payment from the money that was ou the counter. Senr.-Sergt. Murray (sternly) : Now, what was • your drink ? — Witness (decidedly) : Hop beer. Witness said there was Is or Is 6d left ! on the counter and he took two bottles of Jiop beer for that money, r Senr.-Sergt. Murray : Thau Alley had > no money left? — No, I don't think so ; • I'm certain he got none back m the • stocking. - Where did defendant get the liquoi from? — I don't know,; 1 don't watch • what goes to the store. 1 Where did he take it from iv tlu • store? — Fiom behind him on the floor. Were there not four persons m tin - store ? — I douHi think «>• fie said , t • roadman named Moriarily win. not ther« ito - his recollection. He was m tin store about ten minutes. Witness die j not' remember Alley saying anything 3 about -witness. . _ Senr.-Sergt. Murray: Did you heai a Alley tell defendant not to give you anj s more liquor? — I don't know, I must saj a no to that. f Pressed on the point, witness said hi s did not remember. i Can you say if you are aware defend 1 ant keeps intoxicating liquor m th< store!

Witness hesitated. His Worship; Oh, you know if you are aware, or not; are you V-*- Yes, I am. Senr. -Sergt. Murray : Have you purchased intoxicating liquor there? — No. Have yon besn supplied with any?— Yes. Ho said he usually had a drink when he went to pay his bill. Was that drink charged m tho account'. — No. , His Worship : When you wanted a drink you went to settle your account, 'I suppose ?— Yes, if it was near the end of tho month. .. . Senr. -Sergt. Murray : And if it is not near the end of the month, what then? — I go without the drink. The sergeant produced an account, and Mr Burnard objbeted, but his Worship said he would allow .the evidence. An account for May was produoad, showing two entries of "painkiller." Senr.nSergt. Murray : When you got liquor there was it not entered as some groceries? Mr Burnard's objection to the, .sergeant cross-examining his own witness was upheld. - , ' , Senr. -"Sergt. Murray : Have you seen defend>ant this morning?— Yes. Wljere.?— ln Gladstone road. Continuing witness said they .talked the case over., Defendant said: "I Imye don© you fv* wrong, Barwick." Witness said: ''I don't think you have, but Mrs j Barwick thinks otherwise." He said : j "What are you going to say?" Witness said :"I will .tell the truth. ' They then went to Mr Burnard's office; defendant jaskad him to go. Mr Buriiard asked ! witness what he . knew about- tlie case ■ and told him to tell tlie truth. He was .theie about ten minutes. To- Mr Burnard: There were others m Mr Burnard's office ,at the time. Witness said he . piily Alley on one or two. occasions. i Louisa Barwick gave evidence a& to receiving an. account (produced) and said .she, bad i>pt received the goods mentioned therein. , >SensoivSergeant Murray gave evidence that ;in. consequence of , information re- , ceivefl ,he jaid an information, .and obtained a search, warrant to . search defendant'^, store for liquor. He went out with . Constable Malqney, and reached the store at -9.30 p.m. on Saturday last, and found it m darkness, and defendant m bed. fi He, knocked at tho door and ,dcfejid».nt answered. , Constable Ma'oney -^4 ' I,m w^ 10 w ' tnoss waSi .Witness told him 'thsy- had conic to search the store for liquor. Ho said "All right." - They entered the store • aijd found ,a case of Gold Top ale. The capacity of the""case was about two dozen bottles, and they were all there but two. Witness aakled defendaut whatf , bad become of tlie two, and d - -1 fendaiit said he drauk them on the way out that day. There was an office just, otf the store with a telephone and desk. Constable Maloney asked defendant to open the door, and, he did so, and from tlio desk the constable .took four bot-_ tics qf D.C.L. whisky, which Mere still* wrapped m tissue paper. In the store they found m a large case, with hay, 44 bottles of malt stout. He asked defendant for an invoice for the Gold Top ale. He said he had some orders for liquor. He went into the shop, . which was mider the sama roof as the store, and to tlio desk behind the counter, aaid produced what purported to bo au order to obtain liquor, dated December 7, but there was no year on it. It was purported to be signed "C. Berry." He handed it to witness, saying that he also had another one. He wa* starting to close the desk witness said he would wait until defendant found the other one. Defendant then produced another apparently m tlio same hand-writing as the first. It was dated December 14, but also had no year shown. It was written on the same paper and apparently m the same' ink at the same time. It was purported to be signed by "Curtis." (Proceeding.) I ■ gg~_B