SLY-GROGGING

Southland Times, Issue 17305, 29 March 1913, Page 3

SLY-GROGGING

A FINE OF £3O. • FISHMONGER IN TROUBLE. At thri Police Court yesterday John Kennedy, fishmonger of Kelvin street, vai charged that between the 10th and 13th March In the No-license district of Invercargill he did sell certain liquor, to wit, whisky to James Francis Butcher. Daniel O’Brien, Henry Preston and Eva Preston were charged that on the 15th day of March, 1913, at Invercargill, they were found on the premises of John Kennedy, of Kelvin street, such premises , having been entered and liquor seized therein by Sergeant Bingham, pursuant to a search warrant granted under section 288 of the Licensing Act, 1305. Sergeant Simpson prosecuted, and Mr A. B. Haggitt appeared for all the defendants, who pleaded "Not guilty." Sergeant Bingham gave evidence that on 15th March he handed a man named Butcher a £1 note, a florin and two single shillings, all marked. Tills money was to be used for paying for’ three v bottles of whisky purchased previously 1 by Butcher from Kennedy. After Butcher had paid the money, witness accompanied by Constables Wilson, Fleming •nd Tonklnson entered Kennedy's shop in Kelvin street. In one room he found O'Brien, who was drunk arid asleep. Sitting at one end of the table was Eva Preston, who was under the Influence of liquor. Standing near the table was a second woman who, with two children, had just entered. On the table were four glasses (produced) each containing a •mall quantity of beer. There were also several bear and whisky bottles on the table, also a number on the floor, and two empty beer jars. In answer to n question as to whether he had any more liquor Kennedy said that he had a small quantity of beer, and produced five bottles. Asked to produce the money taken during the day Kennedy did so, and Included in it were the marked coins and the £1 note. Kennedy said that he had got this particular, money at W’alkiwi earlier in the day, but later stated that Putcher had given It to him, as the result of a racing transaction. The police then moved Inio the third room •f the premises, and there found the Other defendant Preston. There was a fieap of empty bottles, some of which appeared to have been freshly emptied, in an outside shed. O'Brien was too Shrunk to give any Information, but he (•witness) believed that Preston and his wife had been staying there for some time. Five bottles were also produced, which had been purchased by Butcher and taken to his boardinghouse. In answer to a question by Mr Haggitt the Sergeant said that the police Jiad had no trouble with Butcher over sly grog-selling. Witness had information • that Butcher had previously purchased three bottles of whisky at 8s per bottle. There was no bribe given to Butcher. To Sergeant Simpson; The premises were very old and dilapidated, and not lit for women to reside in. A statement produced by Sergeant Bingham at this stage showed that In February Kennedy purchased 21 bottles of whisky, two gallons of-beer on March 13th and half a gallon of whisky on March 15th. Constable Tonklnson corroborated ttie evidence of Sergeant Bingham. James Francis Butcher, compositor, aaid that on Tuesday (11th March) he purchased a bottle of whisky from Kennedy for Bs. Ho went back on the following day and purchased a sqcond bottle, and two more on the Thursday. The last three he did not pay for at the time. AH the bottles were taken from him at his (witness’s) boardinghouse. The witness gave further evidence similar to that given by Sergeant Bingham aa to the receiving of the marked coins and the paying over of them to Kennedy. To Mr Haggitt; Left Tasmania about nine months ago through drinking too much. Was very much addicted to drink. Kennedy had tried to Induce witness to keep away from drink, and In that respect had been a pretty good friend. He did ask a friend of his r,to put 10s on Gapon at the races. He might have had a conversation with Kennedy about Gapon. but did not remember. Would swear that he did not borrow 25s from Kennedy to put on Gapon. Ho had set out to catch Kennedy, as he considered that he was no friend to serve him with liquor in the State he was in. He got bottles from Kennedy on the Tuesday, Wednesday and Thursday, for which withefts ori'ed 245. When witness went in with the money he asked Kennedy how' much ho (witness) awed. Kennedy said £1 16s. He wottltl not swear that he dirt not pay Is In addition to the marked money, but remembered telling 'Kennedy that he would pay him' the balance later «n. Charles Wm. Hcn-lcv gave evidence as to Butcher having gone out on "a burst." and as to having taken several bottles of .whisky and beer from him at- periods between March 11th and ISth, at his boardinghouse. This elosed the case for the poliee. Mr Haggitt saJrt (Ijat the .defence ■would, be an absolute denial that liquor had ever been supplied to Butch'Cr. The defendant. Kennedy, said that he knew Butcher, hut qifi not sell him or any one else whisky. On Tuesday, 11th March, Butcher called at the shop and asked if he would share In a bet on a horse called Gapon at the Invercargill races. Witness refused, but said he would lend Butcher the money, and handed him 2,'s. He saw Butcher again on the following Thursday, when the latter said 11 1 r■ i the horse had lost. Butcher then -aid that he was leaving his Job on the Saturday, and was getting squared up, when he would call round and settle what he owed. There had been a dispute between -witness and j Butcher about an amount of 10s loaned ■ome months previously. After Bfitchcr had borrowed the 25s on the 11th March ■Witness told him that liis total amount was then 355. which he did not dispute. He saw Butcher at ten minutes past eight on the Saturday evening, when he put the money Into witness’s hand. Witness counted It. and said there was a shilling short, and Butcher took a shilling from his pocket and paid,over. Ten minutes later the police arrived, and witness took them over the premises. He had purchased a dozen bottles of heer from Whlttingham’s brewery that afternoon. and five bottles which were left witness pointed out to the police. The remaining seven had been consumed at tea time by the four persons on the praaitea. Tha police took the glasses and the liquor away, and then came hack, when witness explained that the money had been loaned to Butcher for n certain betting transaction. When Butcher called one day with his throat cut. witness bandaged up the wound for him. and then sent him home to sleep. To Sergeant Simpson: A bout last November Butcher called at witness’s Esk street shop in a drunken state. Most 6f the whisky was consumed by him*elf. He was certain he told the Sergeant that the book was there, so that be could trace Butcher’s amount. (The book was here produced, and witness set Out to trace the various items In il for the Sergeant’s benefit). The Prestons had been at witness's place since 23rd September. O’Brien had been at witness's place since the Friday. . Eva Preston, wife of Henry Preston, •aid that she was living at Kennedy’s with her husband. They paid board, and Witness also assisted in the shop. TO the Sargeant: It was a fact that witness took a drink, and was convicted for being found on the Empire Hotel premises, £lart been in New Zealand Since August last, having arrived from Melbourne. The Sergeant: When were you marlied? Witness: I decline to. answer. The Sergeant pressed for an answer, but the Magistrate interrupted with the rCmarHf "Oh. dtm’t mind. Sergeant." Heriry Preston, labourer, said that Kennedy was In the habit of getting some liquor up to the shop to which the people In the house contributed. He Knew Butcher, but had never seen him ■upplled with liquor at Kennedy's place. This - witness also refused to answer a question by the Sergeant as to when and Where he and Mrs Preston were married. Daniel O'Brien, farmer of Lome, aaid that ho was staying at Kennedy’s about 13th March, as hla wife was away for a holiday. Had some liquor during the period he was at Kennedy’s, but had never paid for any at any time. To Sergeant Simpson; Had some drink at W'allacetown the day before he came In by Hie morning train. He naturally expected that he was drunk when the police woke him up on the evening of the raid. Sergeant Bingham (recalled by the Magistrate) said that he would Imagine that Butcher was in the shop from seven to ten minutes on the evening just prior to the raid. Neither book nor book

entries were mentioned by witness, Kennedy, or anyone else during the time witness was In the shop. The Magistrate said that he was quite satisfied that liquor had been sold. There were a good many tilings that pointed that way, although he did not think it had been disposed of on a large scale. Kennedy would be convicted, and fined £3O, with 33s costs, a fortnight being allowed in which to find the money. The charges against O’Brien and the Prestons were dismissed.