POLICE COURT—THURSDAY.

Auckland Star, Volume I, Issue 267, 17 November 1870, Page 2

POLICE COURT—THURSDAY.

[Before Thomas Beckham, Esq., R.M.] Dbunkenness. —John Woods fora second offence was fined 10s, or to be imprisoned 48 hours. Municipal Police Act. —R. Smith, for permitting a goat, and T. Ward, for permitting a pig to stray were fined each 5s and costs. Laucknt. —Mary Ann Curtis, a young girl about 14 years, was charged with having stolen from Anne Fora tor, two onepound notes. Mr. Joy for the defence. Remanded till tomorrow. Richard Dougherty, charged with stealing a coat from T. McMaster, value 40s. Remanded till to-morrow. Carl Williams was charged with having, on the 14th November, stolen a coat, value 13s, the property of A. Asher ; also with having, on the 14th November, stolen four shirts and one pair of trousers, value 18s, the property of one Cass. Various other chargss wore being read, when the cases were all adjourned till tomorrow.

Breach of Distillation Act, 1868. — James Friers and Irvine Armstrong we> c charged wiih having engaged in the illicit manufacture of spirits, having a still in Jtheir possession without a license 'according to law. Mr. Brook Geld for the prosecution, Messrs. MacCormick and Bennttb for the defence. — Thomas Hill, deposed: I am an officer of Customs. These proceedings have been initi-, ated by me.—Sergeant Egan, deposed : On last Sunday, the 13th inst., I proceeded ujp the Waitematato Blind Grully, a branch leading

into Lucas' Creek. At the mouth ib appears like a mangrove swamp. .Arriving at aquarter to eleven at night, it was reported that there was a boat up the creek. Proceeding two or three hundred yards up the creek at two in the morning, we remained concealed till four o'clock. We then proceeded a similar distance further, and mounting a spur leaving the creek to the left, we came in sight of a whare. We had come up so far by a track not much used. There was a fire in the whare, which was on the bank of the creek. We saw a man outside, who made his escape through the bush. We rushed the place, and in a second whare, ten yards from the first, and on the other side of the creek, over which was a small bridge, we found the two defendants asleep. Mr. Hewson, of the Customs, was with us, and we arrested the prisoners. On returning to the first whare we found the two stills produced, one made of copper, the other of tin, with worms and all the other requisitas. The copper one was at work turning out spirits into a large barrel. We found four bags, fifty pounds each, of sugar, some spirits in the kegs produced. There were about fifteen or twenty gallons partially made, the whole of which I destroyed, excepting about six gallons. We also destroyed about twenty gallons of wort.; also several barrels, tubs, kpgs, and a flume. We took possession of a bottle of spirits of wine, a fluid-measuring glass. It waS a well organised distillery. There was but one track, to the best of my belief. There were no other vrhares in the neighbourhood. There were with me detective Ternahan, constables Carrisan, Bulford, Brennan, and Mr. Hewson. — Cross-examined by Mr. MacCormick : I heard L'ernahan say, " What have you got ? ' and defendants repliel, " We have nothing to do with it; we were looking for horses." This was after they had been arrested, an I in the whare where the still was.—To the Court: L'here were no saddles and bridles about. The men were dressed. The whare had the appearance of having been occupied for some time —Constable Carrigan deposed : I am one of the water police. I went with Ternahan and another, on Thursday last, to Lucas' Creek, to search for a still, in a blind creek that runs off Lucas' Creek. The channel is only accessible at high-water. I had landed, and came to a hut built of nikau. We saw a still, &c. The copper still was not then there. There was stuff in the barrel produced, and in two large barrels, in a state of fermentation. Witness described the premises as before. There was no one then in the whare. We did not seize the still, but returned to town. I could see no other track but this, which ia a cut track. It is dense bush all around. Witness described the visit of the party on Sunday evening. — Detective feruahan deposed to the circumstances of the visits and capture. — Richard Hew3on, officer of Customs, corroborated the statement as to the arrest. The liquor coming from the still was intended for whiskey, but of an inferior kind. The one still was capable of turning off about 35 gallons of spirits a-d&y ; the other about 60 gallons.— Michael Meßride, a very old and weird-look ing person, examined by A!r. BrookCeld : What are you? ''Why just what you see me—an old man." (Laughter) lam a gum digger. I don't know defendants. I think I saw the far one before —two months ago; but he had no long beard on him. I never saw the man before. It was between Lucas' Creek, and the North Shore. I went across the upper end of Lucas' Creek with him. We went to a shed placed on the side of a hill. I saw as if" there wan " something a doing" there —such as this (pointing to the still). It was on the ground, not fixed for working. He asked me to give rry opinion about the still. I have been working in distilleries all my life at home. There was another got afterwarJs. It was very like the tin one. I came up to Auckland and saw the man making the still. I wus asked to do so by the man I had met in the bush. The man I met i-n the bush looked an older man than this. —James Saville deposed: I am a general dealer, residing in Auckland. Have seen defendants before. Have you been connected with defendants in distillation ? A long discussion ensued as to allowing the question to be put. I saw the defendants in the Litter end of the week towards the Whan. Armstrong lives in Wnke-field-street. 1 was at Lucas' Creek on lu;fc Sunday; went up along with defendants from that to Lucas' Creek to a whare. There were nn old man (Meßride) and two young ones, it was Mcßride's house. This was at 10 on Snnday. We went across Lucas' Creek ; we went up a blind creek, to a place where there were two whatres. I s.iw those Lhings there (the stills). I don't know what they are. This was about 11 on Sunday. One of the prisoners lighted the fire. We had taken some bags of sugar up in the boat, they may have been of sand. They were carried up to the whare. We were all there watching the still work ; and a race was made to carry off the water. I wus sleeping iv the far whare when they continued attending io the still. I expect they had mixed stuff to put into the still. —To t;.e Court: Do not know whose boat it was in which we went up. This closed the case for the prosecution. — Mr. McOoimick a Idressed tho beueh for the defence, endeavouring to invalidate the testimony of Saville, but adduced no evidence.— Mr. Beckhiirn reviewed tho case, very stongly comnaenting on the enormity of .the offence, and tho injury done to the honest trader, and sentenced t'le prisone; s each to a fine of £100, or in default of payment to be imprisoned six months.