POLICE- COURT.

Taranaki Herald, Volume XXXV, Issue 7165, 8 September 1886, Page 2

POLICE- COURT.

TBCIS IXA/ST. •' „ Wednesday; , September B.— Before W. Bayly, Esq., J.P , and T. King, E g., J.P.

ALLEGED BREACH OF LICENSING ACT,

This was an information against Daniel Barry, that he did, on the 25th August, 188G, at New Plymouth, sell liquor, to wit, Beer, to one Charles Edward Rawson, without being duly licensed to sell the same. Defendant'pleaded not guilty. Mr. Samuel appef red for the defendant, and TnspectorPardy prosecuted. Mr. Pardy outlined the case, arid quoted a section of the Licensing Act to the effect that it was not necessary to show' that any money .passed, if the Court \yas ' satisfied that a transaction in the nature of a sale took place. ' ' ' Mr. Samuel asked that before the witnesses were examined the name of the informant should be given, and he should make the information in his ow,n "name. The unfairness of the present course was that Mt\ - Berry was brought to . Court, would incur expenses, and then when the charge was shown to be groundless, costs would still fall upon himself. The person who baa good reason to believe that tin oflence'has been committed should show hiß hona fides by conducting the case, and running the risk of the expense himself. Mr. Samuel thought Mr. Pardy's zeal for the public service had led him a little astray, but ho hoped the informant would have the manliness to proceed in ! his own name.

Mr._ Pardy replied that in carrying out the Licensing Act there were great difficulties, and it would not do for, the police to show who gave information. There had been a transaction sufficient to justify the police in bringing the case before the Court, and for all parties concerned it was better for it to be : investigated. No special provision is made as to -who' should carry out the Licensing Act, but it, naturally fell' on the executive officers of the police to do so. If it' would in any way answer tho interests' of ' justice he would have no objection to state from whom he obtained the information, but in sly grog oases, it' waß always best for the police to keep that knowledge to themselves.

, Mr. Samuel stated he would not press the point. Mr. Pardy snid there were, so, many informants. Heconld scarcely walk down f;he street withput-\ someone telling him something about the case. But of- course their information was worth very little. , Thomas B. Blanchett deposed 1 : lamjin the' Railway Department, in charge of the goods-«h'ed. I remember three cases sailed ale coming, but I don't know what they were. They were marked DB. They ,wefe entered as, ale. ' They were delivered fo Mr/'Anstis, Mr. Berry's agent, who carted them away. They arrived at the shed on the 25 th August. They ar.riv.ed by a steamer from the south.

Mr. Samuel said he admitted the delivery of these three cases of ale to Mr. C. E. Rawson. He had no questions to ask of the witness. — -

Charles Edward Rawson deposed : I reside at New Plymouth. I know defendant, Mr. Berry. When I returned from circuit at Wanganui I found three caseffbf ale at my back door.

Mr.- Pardy : W,ill you kindly tell the Court the circtfins'tiinces of the case.

Witness : Some time ago I was at Mr. Berry's house in connection- with a building — something to do with a specification of a house I intended to erect. Mr. Berry asked me into his parlour, and we had n conversation. In the course of , conversation he asked me whether I should like -'a glass of whisky or a glass of English ale. I had a glass of Eeglish ale, and remarked,that the brarid'was very good. Some weeks ago I saw Mr. Berry in' the street, and said, " I don't know". the commercial travellers'; I r wish you would kindly ccc the commercial traveller whb supplies you with ale, and ask him to send me up several cases of the same ale that he supplies you with." Hosaid, "All right; the commercial traveller will be herein a few days, and I will ask him to do so. But they won't send you up a single case.',' I said, "I am not particular. They can 1 sund up three, four, five, or six, whichever they choose, because it will keep." When I returned from Wanganui-I found three cases of English ale at the back door. I have not spoken to Mr. Berry since the ale arrived, and know nothing more about the matter. Mr. Pardy: And that is all the liquor you have received from Mr. Berry ? Mr. Samuel objected to the question, as^ it was a fishing question.

Mr. Rawson; I have- no objection to nnswer, only it's irrelevant.

Mr. Bayly (on the bench): We are hero to enquire into the case, .. and we want to find where it commenced and where, it ends.

Mr. Satnnel flatd nn offence hkd been alleged in tho information, and tho evidence was- to be restricted to that. There was a right way and a wrong way. Mr. Pardy: What Mr. Samuel says is the law of evidence.. ' When Justices are on the evidence, I never seek to impose on the ignorance of the Justices us to the law, of evidence. Witness continued: Nothing was" said as to piice. I expect to pay. It, was obtained by way of a purchase. I had the conversation with" "Mr. Berry, and found the ale at my back door. I haye received no account, and have no idea whona I' have to pay. I- have not the slightestidea what house it came irom. By Mr. Samuel: I knew at the time Mr. Berry was not a licensed wine and spirit merchant. I did not understand him to bo agreeing to' sell mo ale. I simply' asked him to speak to n commercial traveller to order it for me. I find the brand of ale varies. It dependu where jou get it from, borne of it is not fit to drink. As this was only a fortnight ago, 1 üm not surprised at not getting «n account yet. If I receive an account from wholesale merchants, and Mr. Berry sayatliat it was the house from whom it was obtained, I will not repudiate it and say Mr. Berry should pay for it. I believe Mr. Berry, paid the cartage." lam Resident Magistrate and District 1 Judge. So far as I understood J was to pay tho actual chargep, and Mr. Berry was to get no profit on it. By Mr. Pardy t Would you have paid Mr. Berry if the account had been rendered by him ? Witness: I don't wish to hide anything. Some time ago Mr. Berry and I got some beer from down ; south. J. paid the exact cost, and he did not get a farthing profit. So if Mr. Berry had rendered his account I daresay I should have paid him, but only because he had already paid for me. I may say that I deal largely with Mr. Berry for timber and other things. Mr. Pardy snid that wus the evidence. The evidence had been very simple, and showed Mr. Berry aB seller and Mr. liiwson as buyer. Daniel Berry deposed : I am an ironmonger and contractor carrying on business in Ncn- Plymouth, .mil i ntii n. lur.-c importer. Some tim s back tho last witness asked whether, when I was uext ordtriug ale for myself", 1 would order some for him. I havo particular facilitu-a for ordering the beer that Mr. Rawsou wanted, as 1 deal largely wich the houses that supply, and I have other facilities, such as my private marks, which are known by the carters and railway people. Frequently lar&o urtices, such as ranges, are taken lo tho ordorere, and not delivered at thf shot?- The firm had n new traveller, hit ho did not come round. I did not euro to inter into a ioug explanation by loiter, so I ordered it in my name luelcid of JMr. Ra.viiou's. I ur.leiud it by t> legiMtu. Whuii ii caiiiii In id it wtnt mrLCt to Mr. Kuwsuu. Doouiuoul pioduwu 1 is the

shipping note. I ordered it for Mr. Rawson. I consider Mr. Rawson liible to pay for the ale. Ido not consider that I have any interest in it. I acted only as a^ent. I made no charges or commission. I expect Mr. RawHon to pay Messrs. W. and G. Turnbull. Mr. Rawson can send his cheque direct or through me. By Mr. Pardy: t told Mr.Rawaon I was ordering frona W. und-- GK Turnb-ill. I dare say he did not take notice of what I I said. , • i This was the case for the defence. By the Bench: The Government would not be loser, as \V. and Q. Turnbull have a license. It was nothing at all' unusual for the commercial travellers of 'licensed wine and spirit dealers to sell ale and spirits in_this manner to good marks. Mr. Samuel called, Mr. Goldwater,, but he was not in Court. Mr. Bamunl said he had intended to call Mr. Goldwater to show that this wag -the usual custom of . travellers for wine and spirit merchants". Mr. Samuel said that no offence' was disclosed. It was no loss to the Government, although it was, perhaps, a loss to the ■, local dealers. ' While deprecating people dealing with outside , houses to the disadvantage of the local dealers, especially if the local prices were ttio same, Mii Samuel urged that it was by no means an offence against the law. Mr. Rawßon was the person who was liable for tho payment to j the firm. He argued briefly to show that it was a clear case of agency. } Mr. W. Bayly, who presided [ on tha Bench, said :— The Magistrates ' ar« cf opinion that they must dismiss this case, but still, at tho same time, they that it is wrong for any person to import ! for another, or even it is not legitimate business to .import for himself. ; We all frant to make a living; and those .who pay fpr licenses, and for houses of accommodation — these houses certainly should be supported ; and If every person imported in the same way that Mr. Berry and Judge Rawson did what gentleman would take out a license in New Plymouth? ; That is the way I look at the case. I hope I shall not see anyone importing in a large way in tho future. •.- , Mr. Samuel remarked that he would not apply for costs against Sergt. DurHn, but would hope that informants would in future take the proceedings in their own name; r t ; The Court rose. !