THREE MONTHS IN PRISON

Southland Times, Issue 23768, 16 March 1939, Page 7

THREE MONTHS IN PRISON

MAN SENTENCED FOR SLYGROGGING FOURTH CONVICTION IN 14 MONTHS Leslie Donald William Manson was sentenced to three months’ imprisonment in the Magistrate’s Court yesterday by the Magistrate (Mr R. C. Abernethy) for selling liquor in the nolicence district of Invercargill. The defendant, who pleaded not guilty to the charge, was not represented by counsel. Senior Sergeant W. T. Kelly said that at 10 p.m. on February 3 Constable C. G. Evans and Constable J. Connolly went to the vicinity of Everybody’s hall in Tay street. Before Constable Evans entered the building he was searched by the other constable. He went upstairs to the office occupied by the proprietor, Manson. Constable Evans saw the defendant and asked him if he could give him three bottles of beer, which the defendant did. When the constable left the building he was again searched by Constable Connolly, who found the bottles on him. Evidence was given by Constable Evans, who said that he went to the office and asked the defendant if he would sell him some beer. The defendant went into another room and brought back three bottles. He paid the defendant 5/3 for the bottles of beer. Constable Connolly gave evidence of searching Constable Evans before he entered the hall and after he left Sergeant J. Coutts said that on the afternoon of February 24 he executed a search warrant on Everybody’s hall, which was occupied by the defendant. A thorough search was made, but no liquor was found in the building. “I do not recollect Constable Evans coming up,” stated .'he defendant in evidence. He had given up selling liquor since last September. He admitted that there had been liquor on the premises, but it was used for various social functions.

Senior Sergeant Kelly said that Manson had had three convictions in the last 14 months.

“I indicated to you in June 1938 when I fined you £2O that I looked upon a succession of these offences as entitling you to imprisonment,” the Magistrate said. The defendant came before him again on September 21, when he sentenced him to one month’s imprisonment. On that occasion he said that he was giving up the business. Now the defendant had told him that .he had given it up since September, which meant that he had not made any sale to the constable. He did not believe him and he found that a sale had been made. He had no option but to sentence Manson to three months’ imprisonment. “I would like to make an intimation,” said ffie defendant. “No, you are finished,” the Magistrate said. The defendant stated that his wife and children would suffer. FINE OF £lO IMPOSED SALE OF LIQUOR IN NO LICENCE DISTRICT Thomas Fox was charged in the Magistrate’s Court yesterday with selling liquor in the no-licence district of Invercargill. On one charge of selling liquor on December 30 the Magistrate (Mr R. C. Abernethy) imposed a fine of £lO and on a second charge of selling liquor on December 31 he was convicted and discharged. Senior Sergeant W. T. Kelly conducted the case for the police and Mr J. C. Brain appeared for the defendant. Senior Sergeant Kelly stated that at 9.10 p.m. on December 30 a constable went to premises at 47 McMaster street occupied by Cyril Fairweather. He went to the back door and the defendant came to the door. He asked the defendant if he could buy a few bottles of beer and the defendant said that that would be all right. The defendant walked to a tent in the back yard and, opening the door, brought out some bottles of beer. The constable was , given three bottles, for which he paid 6/-. At 8.20 p.m. on December 31 he returned to the premises and again saw the defendant. On that occasion he bought two bottles of beer. The defendant had not been in Court before and this was the first time he had been suspected of selling "sly grog.” He thought it was right to say that the tent was in the backyard of premises occupied by a man who had been convicted of sly-grog selling. Mr Brain sajd that the tent was the living quarters of the defendant, who rented it. He was quite separate from the other persons in the district and sales were made by him from the hut. He had been in Invercargill for only six months and he was a casual worker. Evidently he had found this foolish way of supplementing his earnings. The business was obviously not a big one and he suggested that the defendant had had his lesson. He was not a native of Invercargill and he probably would not be familiar with the licensing position. The defendant was a married man and had no regular work. “This tent was searched on February 27 and 86 bottles of beer were discovered,” said Senior Sergeant Kelly. If the defendant had been in Invercargill for six months it was quite certain that he would be familiar with the liquor laws, said the Magistrate. No doubt he had made inquiries before he came to the city and had since discussed the laws. However, he would not fine the defendant as heavily as he would other offenders. A fine of £lO, costs 10/-, was imposed. The liquor was ordered to be forfeited and disposed of to the Southland Hospital or destroyed.