JURY FAILS TO AGREE

Taranaki Daily News, 24 November 1934, Page 8

JURY FAILS TO AGREE

CHARGE AGAINST WOMAN. LICENSING PROSECUTION. Hamilton, Nov. 21. Evidence for the defence was heard before Mr. Justice Herdman in the Hamilton Supreme Court to-day in the case in which Elsie Clara Howie, a married woman, was charged with illegally keeping liquor for sale at Taumarunui, a proclaimed area, on October 6. Mr. H. T. I Gillies represented the Crown; and Mr. N. S. Johnson appeared for accused, who pleaded not guilty. Accused gave evidence that she was a married woman living apart from her husband. She said she had been twice previously convicted of sly grog-selling. She had served a month’s imprisonment two years ago, and had not since sold liquor. She had then learned her lesson. As a means of livelihood she conducted a restaurant and sold confectionery and cigarettes. Referring to the night of October 6, Mrs. Howie said she had won a good deal of money on horse-racing that day and she asked her son to procure some liquor for her at Taihape. The liquor arrived at 8.30 p.m. She invited some friends and they had a party. Witness said she had consumed some liquor that evening, but was not intoxicated. She gave explanations for the presence of each of the men found in her house by the police. She denied that she sold liquor to any of the men. She had, however, treated some of them. Cross-examined, accused admitted that she had been convicted seven times previously for breaches of the licensing law. She thought offences over five years old were wiped out. She said she did not consider 46 bottles of liquor was an excessive quantity to have in the King Country. Accused’s son, Jack Coffey, gave evidence that during the last 12 months he had been employed on pig-hunting and had been selling wild pork. He bought four dozen bottles of beer for his mother at Taihape on October 6, and delivered them at 8.30 p.m. H then went to a boxing match. He had not known his mother to sell liquor during the last two years. After a retirement of over four hours the jury failed to agree, and a new trial was fixed for next Tuesday.