ALLEGED SLY-GROGGING.

Wairarapa Daily Times, Volume 46, Issue 14099, 16 April 1920, Page 5

ALLEGED SLY-GROGGING.

CHABGE AGAINST O DOWD. DEFENDANT DENIES AC’CUSA- . TJ.ON. .Johni O ’Dowd was charged at the Masterton Police Court this morning with keeping liquor for sale in Masterton bn 27th March. Mr W. Noble appeared tor defendant, who pleaded not guilty. Constable Garden said that on the evening of the 27th March the Ser-, geant told him to go to the rear of the billiard room at the Club Hofei, with Gonstablo Phillips. When they arrived in the alley-way they found defendant standing up and two other men sitting down. O’Dowd had a bottle of beer in each hand. On the ground, between two boxes, were two bottles of stout. Sergeant Miller then came on the scene, and asked O’Dowd if he had anv more liquor in his pocket. O Dowd said. “That's a bottle of whisky.” When asked why he had the liquor, O’Dowd did not give any satisfactory answer. He only mumbled something about, that he would not tell him. The Sergeant said he suspected him of bavin*' the liquor for sale, but O'Dowd did not reply. When the police took possession of the liquor, O’Dowd f° • lowed them out of the right-of-way and said “Do yon think !am selling it t _ The’Sergeant replied, “I do.” Later in the evening O’Dowd came to the police station and demanded the liquor, but it was not given to him.. The Ser,leant again told O’Dowd that he suspected him of selling liquor, ibe bitter remarked that he would not explain to the Sergeant or anyone else. Mr Noble: O.’Dowd was the' worse for liqudr, was he not?—Yes;lie is not known as amian;who sells sly grog,: is he? —No. This is the only time you have found O 'Dowd -with liquor?—Yes. Sergeant Miller gave evidence corroborating Jlmt of Constable Gurden. At the police station O ’Dowd said, “May I drop dead if ever I sold a drop of whiskv.” lie also said that if the police did not give him his liquor back he would go and get more. Mr Noble: ‘Do von really, suggest, Sergeant, that O’Dowd had that liquor for sale? —I certainly do,' and I told O’Dowd so. . , Did von see anyone coming from the alleyway where O’Dowd was?—Two men came from there and told me about Were O’Dowd" and his mates not drinking the liquor?—There were no glasses nor corkscrews to enable the liquor to be drunk. Constable* Phillips also gave corroborative evidence. Witness had seen O'Dowd late at night, . half drunk, with liquor in his possession, in the companv of other men, on several pccasions. 'Other men had been convicted of keeping liquor for sale at the same place as O ’Dowd and under similar circumstances. Mr Noble: Have you seem O Dowd before in' that right-of-way T have , seen 'him there with a " bottle ot beer on previous occasions. Whv did you not' charge - ' him thenwith .selling liquor?—l did not see lnfii sell it to anyone. ' ' You have never suspected O Dowd of selling liquor?—l have seen him in the company of sl’y-groggers. O’Dowd savs he has had ’a, drink with y,ou—is 'that true?— That is not true; lie may have had a coup of tea with me., . yf,. Tgoble contended that it was no crime for 4 man to have liquor in liis possession.' A man still had that much liberty left iu New Zealand. It may become a crime if Prohibition were carried throughout the Dominion, bnt so far a man had a perfect right to purchase liquor for his own use. John O’Dowd said he was a drover. He earned up to £l2 a week on occasions. Witness went to Carterton on March 27th and returned about Mo. It wa# too late for tea, so they went to a fish shop for tea. After tea they went to the Club billiard room and went out the back to have a drink. While they were there the police arrived. One policeman put a torch on and saw the beer, and .the Sergeant searched lilin. and took the bottle of whisky from his pocket. Ike Sergeant said he was going to charge him with selling the liquor. There were no other people in the alleyway while he was there except himself and his friends. He had never previously been charged with , selling'liquor. He got the liquor for the purpose of enjoying himself. Witness had been in the company of Constable Phillips when he drank something stronger than Club ale. Sergeant Miller: If you were drinking the beer in the alleyway, what became of the empty oottles? —The two missing bottles were drunk on the way from Carterton; we had not time to knock the head off a bottle before you came. ' Did you not tell mo at the ’ police station that- you would go and get more liquor?—No; I did not say anything of the sort. - '. Did you go very soon afterwards to a hotel?—Yes; upon the advice,of my solicitor. ' lyon

The Magistrate said he would reserve his decision.