MAGISTRATE’S COURT

Southland Times, Issue 24004, 20 December 1939, Page 4

MAGISTRATE’S COURT

TUESDAY (Before Mr R. C. Abernethy, S.M.) For keeping beer for sale in the nolicence district of Invercargill, Harold Evan Waddick was fined £25 and was ordered to pay expenses 10/-. The accused, who pleaded not guilty, was represented by Mr J. C. Prain. Senior Sergeant W. T. Kelly prosecuted. Constable E. England gave evidence of watching the defendant’s house at 130 Janet street on a number of occasions from August 19 to October. On one occasion, he said, two men called at the house about 7.30 p.m. and when they left by the back door the pockets of their tweed overcoats were bulging. On October 28 Sergeant Forsyth and the witness visited the house about 11.30 pan. Sergeant Forsyth knocked twice on the door, which was opened by Mrs Waddick. In reply to a question by the sergeant she said that Waddick was not at home. Sergeant Forsyth told Mrs Waddick o: the nature of the visit and produced a warrant, which she read. Asked if tlere was any liquor on the i premises, she showed them some sugar I J bags contaning bottles in the store > room. Whbn she was again asked if |

her husband was at home, Mrs Waddick admitted that he was in bed and was told that she had better go and get him. The defendant made an appearance five minutes later and told the sergeant and the witness that the liquor in the store room belonged to his son, who, he said, would be celebrating his twenty-first birthday soon. The sergeant asked him if there was any more liquor on the premises and Waddick said that there was not. A search revealed two bottles of beer in a cupboard under the stairs. Behind the door the sergeant found a sugar bag containing 12 bottles of beer. When a search was made of the outbuildings four dozen empty bottles were found in the wash house. These, Waddick said, had been gathered by his children. Later, Mrs Waddick wanted to know what would happen to her son’s liquor, which had been purchased for his birthday. To Mr Prain: The bottles in the store room had nickel tops, but there was no indication where they came from. Hector Allan McLachlan said he was employed at Lomeville Hotel, and identified three of the sugar sacks found in the defendant’s house as being branded with the brand used by the hotel. Andrew Harold Waddick, son of the defendant, said that he was not present when the house was raided. On October 28 he p-.irchased five dozen bottles of beer from the hotel, this liquor being [bought for a party. On the same day 1' he ordered 10 dozen bottles of beer from the Wallacetown hotel and left instructions for the liquor to be de-

livered at his home. When he returned home after the raid he found that the police had taken the liquor he had ordered. His application for the return of the liquor was refused by the police. Constable Broomfield gave evidence of watching the house while the raid was being made. Several cars stopped outside the house, he said, but when the occupants realized that the police were present they went away. “You were fined £7 a year ago for a similar offence,” said the Magistrate, “and as you are no doubt aware you can be imprisoned for a term not exceeding three months for a second offence. I'will not give you another chance.”