SLY GROG-SELLING

Dominion, Volume 12, Issue 299, 13 September 1919, Page 3

SLY GROG-SELLING

CONVICTIONS RECORDED

TWO MEN SENT TO PRISON

Mr. E. Page, S.M., yestorday heard a case of 'sly grog-selling, in which three persons were charged. Leonard Russell, Harry Spooner, and Annie Toomer were charged with selling intoxicating liquor without a licenso to John Shea, a police constable. Russell pleaded guilty, but the other two, who were represented by Mr. H. F. O'Leary, pleaded not guilty. Senior-Sergeant Ivelly prosecuted. Constable Shea said that on the date in question, August 10, ho was at the corner of Taranaki Street and Vivian Street: he was in plain clothes. He saw Spooler in the street, and asked him if he could procure liquor for witness. Spooner then went over to ltusBell who was not far away, and tho latter produced a bottle of beer, which witness purchased for 2s. 6d. The purchase was made in Frederick Street, some distance from whero Mrs. Toomer lived.

Constable Hedgeman said that on tlie dato in auestion ho was detailed for special duty, to detect sly grog-vendors. He saw Spooner givo a soldier iu uniform a bottlo of beer, and saw the soldier give Spooner something which lie took to be money. Spooner came from the right-of-way leading to Mrs. Toomer's house. Ho kept the parties under observation for about five hours. Ho saw Spooner coming from the right-of-way two or three times. Spooner lived iu Toomer's house, and Russell lived in Abel Smith Street.

Sergeant Lopdell* stated that when tho police visited Mrs. Toomor's house, she admitted that, liquor in the house, and directed tUem.uito where the licjuoi' was stored. There wero thirtytwo bottles of beer under tho stairs, which Mrs. Toomer said was part of what she had ordered a week or two previously. She further stated that Spooner had a right to take what liquor ho reauired for his ow.i use, but that 6he had specially stipulated that he was not to sell any of the liquor. Russell was brought to the house,, and when asked if he 'had any money on him he produced JM 'is. 9d in silver, amongst which was a marked half-crown, which he hnd re:eived from Constable Shea in respect to the sale of a bottle of beer. On Spooner was found a corkscrew and a few silver coins.

Senior-Sergeant C. W. Kelly said ho knew Russell and Spooner, and had had them under observation .for some time •prior .to August 10.' Witness gave evidence as -to meeting Spooner iii the street ami going with him to his lodgiug in Taranaki Street. The rest of tho evidence was similar to that tendered by Sergeant Lopdell. Witness mado ( inquiries from E. I'. Taylor and Co., and discovered that twenty-three and a half dozen quart bottles of beer and two bottles of whisky, of a total value of J!IG 14s. 2d., had been delivered to All's, Toomer in about eight weeks. To Mr. O'Leary: Prom Juno 5 to August 10, a matter of sixty-six days, 282 b.otclc of beer were purchased, and there were thirty-two bottles in the house, so that 250 bottles of beer had been consumed. equal to about four bottles a day. There were. jMi\ and .Mrs. Toomer, Spooner, ,and another living in tho house, and witness admitted that it was only a bottlo a (lav for each of the adults.

Mr. O'Leary, in outlining the case for the defence, said tlmt as. far as Mrs. Toomer was* concerned, she said that no matter whether liquor was sold outside or not s'ho was not aware of it, rnvj she (iould not think that any of the liquor in her uossession had beeii sold. Tho •liauor was not obtained so much Wr herself as for the two boarders and her husband. They clubbed together, and save her the money, arid When tho purchases of the liquor were reviewed tnero was nothing excessive or suspicious.

.Annie Towner said she lived at 103 Taranaki IStrect. with her husband, and they had lour children. Sho.kept boarders, and Spooner was one of them. The liquor she got from li/.T. .Taylor and Co., but it was not wholly paid for by her, the' others in tin/ Jiousa contributed. She was never a party to the salo of liquor. On- the particular Sunday in question the first she knew about tho ealo of liauor was when the police camo to her house. She showed tiiem where tho litiuor was kept, and told the police that Suooner had a right to some of the liquor for consumption in tho house, but not for sale in the street. She did.not know Russell. . Spooner wai a bootmaker, and was working for her husband. CJross-esamincd, witness said that her husband made about JSS per week. She kept boarders, who paid her ill per week each. She had known Spooner for about eleven years, and knew his chiU'ucter. During tho peace celebrations there were quite a number of people at her house. Albert Russell, one oT tne accused, who had pleaded guilty, said ho was a wharf labourer, l'rior to the Sunday lie had r.nt known Mrs. Toomer, nor had the luiuor he sold been stored ntvlier house. He had a little plant of his own. He admitted having been previously convicted of sly . grog-selling. He had planted six bottles of beer, which he had obtained from various hotels. To Senior-Sti'RCiint Kelly: He could carry six bottles of Beer—one in each of his pocliets. He had not heard that pcoplo w'lio paid him 2s. Gd. a bottle complained of tho high price. He was not working at present, as he was'unable to do so. Harry Spooner, the other accused, said he board d 'with Mrs. Toomer. He denied that the beer sold by Russell was obtained from Mrs. Toomer's house. He worked for Mr. Toomer, and he contributed his share towards tho cost of the bser. Ho admitted having been m nrison. but for the past three years lie Had lived an honest life. Ho had access to tho beer in the house, and could drink as much as he pleased. He denied having eold'.-anv liquor on tho day in question. This closed tho case for tho defence. , , „ The Magistrate held that Spooner was a party to-the sale of the bottle of beer made bv 'Russell. There was no evidence that the liottlo of beer sold by Russell to the constable was obtained from Mrs. Toomer's house. The charge against Mrs. Toomer was thereforo disRusfiell was sentenced to two months' imprisonment, this being his second offence. and Spooner wtys sentenced to a month's imprisonment, 1