ABOARD THE MYSTERY

Southland Times, Issue 22758, 7 December 1935, Page 8

ABOARD THE MYSTERY

LIQUOR CONSUMED. SEQUEL IN BLUFF COURT. The Bluff Courtroom was crowded yesterday when, following the consumption of liquor on the fishing boat Mystery on October 5, a number .of men were variously charged with drinking during the currency of prohibition orders, with procuring liquor for prohibited persons and with assisting to drink liquor with prohibited persons. Mr W. H. Freeman, S.M., was on the Bench. Those charged with procuring liquor during the currency of prohibition orders were R. Christiansen, C. C. Trow, A. L. Carlson, C. Fiskin and L. P. McCarthy. Trow, the only defendant to appear, pleaded guilty. Constable McGrail gave evidence that when he and Constable Hogg were patrolling the wharves on the afternoon in question they saw the defendants in the boat. Christiansen had admitted consuming liquor and Carlson and Fiskin showed signs of having had liciuor. Earlier in the afternoon, about 4.00, witness had seen three men in Gore street, one of whom was carrying a sack which obviously contained a jar. This man put the jar behind a post when he saw witness and Constable Hogg. Later he retrieved the jar. Constable Hogg, giving evidence regarding the defendant McCarthy, said he saw him in the hold of the boat. Defendant admitted having had drink. The prohibition orders against the defendants were produced. “I shall convict each of the defendants, but shall hold over the penalty until the other cases are dealt with,” said the Magistrate. Charges of Procuring. W. Laurie, Tom West and W. E. McQuarrie were then charged with procuring liquor for prohibited persons. Laurie and West appeared and pleaded guilty. McQuarrie did not appear. Charges of assisting prohibited persons to drink were withdrawn against these three defendants; but Mason McQuarrie and George Fowler were charged with this offence. A technical plea of not guilty was entered by McQuarrie who said he was unaware the men were prohibited. Fowler, for whom Mr Gordon Reed appeared, pleaded not guilty. Constable Hogg, in evidence, said he saw Mason McQuarrie on the deck of the Mystery. Asked what he was doing, defendant declined to discuss the matter, but at a subsequent interview he admitted that he knew the men on the boat were prohibited, and that he had had drink with them. In company with Constable McGrail he had interviewed Fowler on the boat. Fowler had said, “You didn’t see me drinking, so you’ve got nothing on me.” Constable McGrail corroborated the part of the evidence relating to Fowler. William Edward Laurie, put in the box by the police, said that Fowler was not on the Mystery when he was there. “Do you remember being interviewed by the police?” asked Constable Hogg. “No. I only remember getting the ‘bluey’,” said witness. “I can’t remember Fowler being on the boat.” “Were you in such a state that you couldn’t remember?” asked the Magistrate.

“Oh, no. I walked. home by myself,” said witness. Cyril Trow, also put in the box by the police, said that he did not see Fowler on the boat. Witness left the boat as Fowler arrived. The liquor was all gone then. In reply to the Bench, Mason McQuarrie denied admitting to the police that he knew the men were prohibited. Sworn, he repeated this denial. He said he had returned to Bluff only a week and a-half before the incident, after an absence of 12 months. “Is this a habit down here, this drinking on boats by prohibited persons?” asked the Magistrate. Constable Hogg said that complaints of this had been made, the present case being the outcome of these complaints. There had been a period of bad weather and the boats had not been able to get out. That probably accounted for the drinking. “I realize the temptation for fishermen drinking when the boats can’t get out,”, said the Magistrate, “but that is no excuse. Each of the defendants charged with drinking while prohibited will be fined £1 10/- and costs. Those who procured liquor not only got themselves into trouble but the prohibited men as well. Each will be fined £2 and costs. Concerning the charge against Mason McQuarrie, I am satisfied this defendant has gone back on his admission to the police that he knew the men were prohibited. He will be convicted and fined £1 and costs. The case against Fowler will be dismissed.”