RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

Grey River Argus, Volume IX, Issue 721, 1 September 1870, Page 2

RESIDENT MAGISTRATE'S COURT, GREYMOUTH.

; Toesday, August 30. (Before W. H. Revell, Esq., R.M.) ILLICIT DISTILLATION. Robert Simpson, on remand, was charged with being in possession of an illicit still, tiear Marsden, on the 25th. August. There. were tw^further infornjiitions by Mr Andrews, Inspector of Distilleries, against the above 'prisoner—one for haying apparatus in his custody for the distillation of spirits, and the other -fur being engaged in the illicit distillation Of spirits. - ; V ■.; Mr Harvey, Crown Prosecutor^ appeared to conduct the case, and Mr Perkins appeared for the defence. Henry Freeman Andrews : lam Collector of Customs at Greymouth and afr Inspector of Distilleriec. On the 25th August, I saw the prisoner about a mile*and a-half beyond Marsden, in a hut in the bush. I was accompanied by Inspector Hickson and Sergeants While and Boyle. Prisoner was asleep when we went to the hut. He was woke up and told who we were, and that we had come because we had information that he was in possession of an illicit still. He made no remark. I told the prisoner he might as- well tell me at once where it was, as his game was up. He said he knew nothing about it ; but, after a little talking, he said, "The still is planted in the bush, and the men are gone who were working it; I'll take you to the still-house. " He took me to the house, which was about 350 yards from prisoner's hut. 1 went iaj and found seven casks Of wort or wash, and a mash-tub. The hut was built of slabs, about 12ft lonjg and 4ft deep. The still was not there-, bat the pipes were, and a large quaratity of empty sugar-bags. . One of the caaka was marked C over 451, 9 under—the regular Customs mark. . The marked ends of the others were knocked out. Inspector Hickson returned with the prisoner and a bottle of coloring matter. I offered him a free pardon if he would divulge the names of his employers. I got no answer from him. .We then searched for the still, ,and Sergeant White found the boiler about f 0 yards from the still-house.; , We then destroyed the casks of wash and the hut, and came away. , v -. , - T ,- j -• . - Cross-examined by Mr Perkins \ Tconsider the place the .prisoner was sleeping in was a hut — not a tent. The sugar-bags in the hut were strewn about as if for warmth. I only gave a look in. The second hut was laid with sugar-bags; 4J consider that no spirit has been drawn' off the bottle of wash produced. Sergeant Hugh Beyle, stationed at Clifton, gave corroborative ftvidence. He drew off the sample of wash produced, and copied the mark on one of the casks. He saw the boiler brought to the place, but saw no pipes in the still-house. The hut was in a very secluded portion of^jthe bush, and not ea3y to find. £?l Cross-examined : I asked the prisonsr as to his occupation. He said he was a miner, and his claim was close to the tent. I did not see the claim. I cannot say how many diggers there may be working in the neighborhood, because I was never there before. Prisoner said he had heard of some men making whisky in the neighborhood when he was first asked, and afterwards he took us to the hut. The track we followed led from Marsden past the hut, and might have crossed the creek, but he did not follow it to see. The prisoner was in an ordinary digger's tent. - Sergeant Richard White, stationed at Greyraouth, gave similar evidence^ and stated that he found the boiler concealed among feins about 40 yards from the hut. He noticed some sort of fhiming for bringing water to the hut. He remem bered the prisoner being in Hokitika Gaol gome time ago. John .Wilmott, Customs officer : -On Friday last 1 accompanied Sergt. White to a hut same distance in the bush from Marsden. I found the bottle .produced hidden under some fern. There is written on it . " oil 'of bitter almonds — poison" ' I know nothing about the other matter now shown me (coloring matter founl in the font). ; .' J.--.- ■;. Sub-Inspector Hickson gave evidence as to the arrest of the prisoner, the finding of the still, what was found in ?th© still-house and prisoner's tent, the finding of the copper boiler produced, and Mr Andrews' offer t-> the prisoner of a pardon and reward if he told who his employers wore. : Prisoner asked if he could getttut of it that way, and if,- he., would have to appear in Court and give evidence against them. Witness said he wpnld have to u do that,' when prisoner said " Well I won't do that ; I know nothing about it." Prisoner showed where he had been mining.-Cross-examined : The prisoner's miner's right is in the custody of the police. I saw his pick, shovel, and boxes, and where he had been working in the side df the creek. Did not examine the boxes to see what gold was in them. He : followed the track up. to a water-dam, from which the water was brought past tbe still-house, and on to where the prisoner had been working.

Re-examined : When he had the cdttr versation related with the prisoner,, he> told him he was a fool not to take Mr Andrews' offer, bnt now he was too late, as his employers were known. Hanwell Williams, chemist in Greymouth : The bottle shown me contains oil of bitter almonds.: I occasionally sell it to pastrycooks, hotel-keepers, .and cordial manufacturers. The stuff in tbp other bottle is coloring matter known as rosin c, used for coloring jellies,; »ahd is sold to cooks, cordial manufacturers, &c. Mr Andrews, re-called : ' Duriiig my experience as a Customs officer in large • ports I have known of teasks of coloring matter being imported, but not at Greymonth. I know of thi3 coloring matter and oil of bitter almonds being used in the adulteration of spirits. * . / Mr Perkins addressed the Bench, reviewiug the evidence at some length. The prisoner on being asked t? ro»ke his statement, said : I was working thai claim for two months. When Mr Andrews and the police came to my tent I had a conversation with them about a still. I said "I knew nothing about it." They said if I knew anything about it to tell them at once, as they had been out all night, and it would be better for me to tell them. 1 said I knew nothing about it; I have been working my claim. Mr Hickson, said he had just come through tho claim. Mr Andrews then told the "police to tako me in charge. They pressed me for information, and I said there was a place in . the bush where some persons were making spirits, and I would show it to them ; but I knew nothing further about it. I took

them to the place. Mr Andrews offered me L 5 to tell him where the apparatus was, but 1 said again I knew uothing about ib. They all made me several offera, but I always gave them the same answer. The following witnesses were called for the defence : — Francis Simmons, a boatman on the New River : About three weeks ago I saw the prisoner about a mile and a half below Marsden working his claim in the crt/Clc« Cross-examined : I was boating goods up the river for Faulkner and Simmons. I have taken up sugar in mats and bags to the receiving store. 1 have known the prisoner for about 12 months. I never saw his tent. [ never brought a keg of spirits down from Marsden to the Saltwater My brother John is the packer ; he takes the goods oh with the horses. By the Bench : I never landed sugar at the prisoner's place or near it. John Tindall, a boatman on the New River : About three weeks ago I saw the prisoner working in his claim. He was washing with a dish, and I saw gold in it. I don't know where the prisoner lives. I came here of my own accord ; I thought the evidence was important. By the Bench : I have never landed sugar at or near where the prisoner was W OV Kill £f The Magistrate said that all the surrounding circumstances of the case were very much against the prisoner. . The still-houee was found within 200 yards of his tent; the water-race was led to the still-house and then to the claim he was working. Working that claim was a very good cloak to divert attention to what he was doing otherwise. He held that the whole of the facts of the case showed that the prisoner was in charge of the stillhonse and would therefore stand convicted. Mr Harvey said that as the Bench had found the prisoner guilty, he would ask that the practice of Judge Richmond should be followed, aud that he should be asked whether he had not formerly been committed of a similar offence. Mr Perkins objected, because the law did not provide an increased penalty for a second offence of this kind. The Magistrate declined to ask the question. "He said he looked upon these illicit stills, and the consequent deliterious stuff supplied to the miners, as the cause of a great many of the cases of lunacy which were brought before the Courts of "Westland. He would inflict such a punishment as would not only be a warning to the prisoner, bnt also to' others ] who were engaged in the trade. . The sentence was twelve months' imprison'meiit yuth hard labor. - The Court then adjourned for half an Ko\ir: On re-assembling,

- William Simmons and David Faulkner, storekeepers at Marsden, Nemoiia, and Clifton, New River District, Were charged on the information of Mr Andrews, Inspector of Distilleries, with having on their- premises, on the 25th August, a certain quantity of spirits upon which the full amount of duty had not been paid, and the prosecutor therefore claimed that the said defendants had forfeited the sum of ' LSOO. There were originally three charges, one for each of the defendant's j stores, but they were amalgamated to shorten the case, as the Crown Prosecutor said he would only presj for one conviction. . ■ . -> ,•«,.■ ! Messrs Newton and Perkins appeared for fctie r defence. Henry F. Andrews, Inspector of Dis .tijleries and Collector of Customs at Greymbutli : On the 25th of August I proceeded to a place at Nenwnd, said to belong to the defendants. Neither of the defendants were present. The man in chaTge said it belonged to Faulkner and Simmons. I was accompanied by Inspector Hickson, Sergeant White, .and a trooper. I tasted' some samples of spirits, and they ■were good ; I had.no suspicion of them. I tasted another out of a cask said to con•Jainnbrandy. I detained the cask and contents pendiug enquiries. It was a quarter-cask, which if full would have contained 26 or 27 gallons. This brandy i»l6-3u.p., and has never passed through the Customs at Greyinoxith in its present state. I declare it to be illicit spirit. It isa very .highly adulterated spirit, with . prily a very little brandy in it. I then proceeded to the defendants' store at Marsden and seized a cask of spirit I' 4 in. p., upon which I swear the full duty lias not been paid at Greymouth. It might have come from Hokitika.. . Mr Harvey : 1 hope not, for the credit of the town. - Witness continued : I proceeded to the defendants' store at Clifton, and was shown a brandy which I was told had been in a port wine cask, which accounted for its peculiar color. It was 138 v.p., and never passed through the Customs ' here. This is the worst sample of the three. To -the best of my recollection it ■was in a brandy cask. They showed me their invoices. The one produced contains retention of a cask of brandy branded C over 451 over 9, sold by Glenn Bros, to the defendants. I saw the head of a cask bearing the same bran.d early that morning. I last saw it in a creek after I had knocked the head of it in, arid destroyed it. I saw it in the still-house which was there in the occupation of Robert Simpson. 1 left an officer in, charge of the spirits until the case camebefcre the Court, so as not to interfere unnecessarily with the defendants' business. Faulkner told me at the time ' 'that they bought the brandy from Glenn] Bros, about threo months before, that ' they had complained of its quality, and had mixed it with other brandies. Cross-examined hy Mr Newton : There ■was no effort at concealment on the part of the defendants. My reasons for sayir.g that the full duty has not been paid on these brandies are my long experience in the Customs, the very peculiar taste which illicit spirits have, and their extreme bad quality. I remember about three of four months ago a brandy of a Aery bad quality passing through the Customs. Brandy of such a quality as that produced never passed through the Customs. If it Jiad it would have been brought under my notice by the gauger. The other day 1 met Mr Faulkner on the street in town, but I did not hint anything to him. I .did say something to the effect that I felt :for him being in such trouble, and said that it was usual in all cases where a man pleaded guilty, to get the penalty mitigated. 1 did not mean to suggest that he should plead guilty . Anything I said was through khidneas on my part. I knew the cask at MaTßikn to be one of the Customs casks. Sub-Inspector Hickson : I accompanied

Mr Andrews to the defendants' stores. I have had considerable experience in tasting illicit spirits. I tasted the sample produced, and handed it to Mr Andrews. To the best of my belief the samples were either wholly or i;i part illicit spirits. I think there would be about forty gallons between the three stores. Both the defendants said they got all their brandies from Glenn Bros. With regard to the worst sample they said they had complained of it at the time they got it, and they had put ten gallons of good brandy amongst it. He gave further corroborative evidence as to the finding of the invoice with the marks of the cask they found at the still the same morning. . In cross-examination the witness was offered two tumblers, each containing a sample of brandy, and asked to tell which was good, and which illicit spirit. He tasted one and said it was not good, when the counsel said it was taken from a sample bottle of the best Hennessy's brandy brought into Court by the Collector of Customs. Mr Andrews then tfaid it was not good brandy, and had been brought on purpose. Mr Perkins replied that Mr Andrews had told him it was the best Hennessy's brandy, and he would put Mr Andrews on his oath to prove it. John Wilmott, Customs oflicer : I tested three bottles of spirits at the police station, Grey month, brought from Marsden, Nemona," and Clifton. That from Marsden was an ordinary quality of imported brandy I*4 o.p. I tasted it ; it might have come through the Customs Iv its present shite, 1 do not profess io give evidence as to its quality. The brandy from Nemona was IC"3 v.p., and the one ■from Clifton was 138 VA.p., much, lower than any brandy imported into the colony. It has_ a peculiar color ; it might have passed through the Customs, but it would not if I had noticed anything of thi3 sort. By Mr Perkins : They might all have gone through the Customs, but they must have been tampered with since. Of course, they can be reduced by water. By Mr Harvey : I swear positively that braudy of this strength never passed the Customs here.

Sergeant Hugh Boyle was called, but gave no additional evidence. This was the case for the Crown, Mr Harvey remarking that the onus of proof lay with the defendants. Mr Newton argued against proceeding in this manner, as it would be most monstrous to close the mouths of the defendants, and then call upon them to prove their innocence. Consequently, for want of proof on the part of the Grown, he would ask for <\. dismissal before calling any witnesses. A long legal argument took place on the point of law as to the reading of the clause in the Act upon whom the onus of proof was thrown. The Magistrate agreed with Mr Harvey that the onus lay on the defendants. The defendants then made their statements. Simmons said : All the brandy that comes to our stores comes from Glenn Brothers in Greymouth. It goes first to the Receiving Store, is then drawn off in two-gallon kegs, and packed up to the other stores as it is wanted. Faulkner said : I never had anything in any shape or form to do with illicit spirits; we got all our brandies from Glenn Bros. About three months ago I told the packer to fetch up some brandy from the Receiving store. He brought a small keg. While pouring it out he noticed its peculiar quality, and asked if that was from Glenn Bros. He said it was, but the remainder of the spirit was not so dark

in' color as this portion had been brought up in a port wine cask. He complained of the quality of the liquor to Glenn Brothers, and they asked him to make the best use he. could of it. There were about three gallons of it remaining in the cask at the upper store on the morning of the 25th August, -when the packer arrived with another two gallons, and that was poured into the cask. Th.it was about fifteen minutes before the police came in. Robert Card was present when the second quantity was i>ut into the cask. The following evidence was called for the defence : — Samuel Eoleston : I am clerk to Glenn Brothers, Greymouth. The defendants have been dealing with us since I came here. We have supplied them with brandies, wines, &c. Since the Ist January, they have had nine quarter-casks of bulk brandy from iis. On one occasion, the defendants complained of the flavor and ( color ol one quarter-cask, and the disagreeable, sharp taate. That was the worst sample that passed through the bond. It was 2 - 4 v.p. There were several lots of that kind. Cross-examined : I never saw any brandy leave the store of the color of the sample shown me. This might have left the store, and it might not. We do not adulterate brandy after it leaves bond and before it goes out to customers. Re-examined : The duty was paid on all the brandy sent from our store to the defendants.

Francis Simmons, .a boatman on 'the New River : I havo been in the habit of boating casks of brandy for Faulkner and Simmons, and taking it up to the receiving store at Marsden. The brandy usually came from Glenn Brothers. There might be some from other place's, but I do not remember any. Ido all the boating for the defendants. I never took any spirits from Robert Simpson (o the defendants 1 store. I remember taking up the cask which wassampled by Mr Andrews, on the 13th, from Saltwater to Marsden. That came from Glenn Brothers' store. John Simmons, a packer : I remember drawing off liquor out of the cask that came from Glenn Brothers', on the 13th, iuto a ten-gallon ' keg, and took it up to the defendants' store at the Eight-mile. I noticed it was very dark in color ; and when 1 took it up, Faulkner said it was unsaleable. I afterwards found that I had put the brandy in a port wine keg. On the morning cf the 25th August, I took up another ten gallons of brandy to the same store, drawn from the quarter cask that came from Glenn Bros' store, and Faulkner poured it into the cask where the bad stuff was previously. 1 always live at the Receiving Store and keep the key. I never knew of any illicit spirits whatever being taken into the store, or obtaiued from any place. When the casks are empty we just roll them out, as they are of no value then, and any one can take them. Cross-examined : I never put anything in. the brandy. Faulkner or Simmons may put some water or weak tea in it after they get it up. By the Bench : The brandy was just

about the same coloi* as the sample now shown me when 1 drew it ofF, but when 1 poured it out at the upper store it looked like port wine. Robert Card, storekeeper at New River : On the morning of Thursday, the 25th, I was at the defendants' store at Eight-mile, and saw Faulkner and the last witness, emptying brandy from one cask to another. Some of it was poured into a bucket. About twenty minutes afterwards I mot Mr Simmons and the police on the track, and went back with them. I have had brandy colored darker than the sample shown me by being put into a port wine keg. It is usual to put water into the liquor after it comes from town. Gus. Aymer, a miner, gave similar evidence. George Glenn, merchant, Greymouth : I have had complaints made about the quality of some brandy sent out from our store to defendants. Brandy can be easily discolored from many faults in kegs.

Cross-examined: We do sell "such rubbish " as tho sample shown me, but we sell it as such, and the people who buy it know what they are buying. The defendants are now indebted to us. The price of brandy varies according to the customer. Alexander Cosgrave, store man at defendant's store at Nemona said that there was no illict spirit in *-he premises. He had adulterated the brandy with tea and water. John Tindall : lam a boatman in the employ of Faulkner and. Siuuuoas. I have s'mce I hare bceu in their employ brought up to them 2 quarter-casks of brandy and sundry cases. No spirits could have been introduced into the store without my knowledge. Cross-examined: 1 never bought anything from Williams, Chemist. Illicit spirits could only be introduced into the store during the day, when I vas absent at the canoe. Hugh Barnhill : I was in Faulkner's store last Sunday. I tasted the brandy from the cask, and thought it was as good as any I had in my store. 1 tested the strengths by a test known to myself. The Magistrate reserved his decision till next day.

Wednesday, August 31. The Magistrate proceeded to give judgment in the case heard the previous day, and reviewed the evidence given on both sides at some length, pointing out many , discrepancies which had occurred. He concluded by saying that, looking at the whole of the evidence, and allowing for the possibility of the adulteration of the spirits after they came from Glenn Bros.' stove, which was carried on to a great extent, although it had not been proved, except by means of water and weak tea,

a doubt remained, in his. mind that these were not spirits tiptitt.^hich the full duty had been paid. - He*l?d*uld, therefore, give the defendants the benefit of that doubt, and dismiss the case. The same defendants were then charged, on the information of Mr Andrews, Inspector of DisfcillerJes, - with wilfully and knowingly supplying the, means for establishing, maintaining, and working an unlicensed still near Marsden. . Mr Harvey : and Messrs Perkins and Newton defended. • The case for the Crown rested upon the fact that in the still-house that was captured on the morning of the 25th August a cask was found bearing the Customs brands of a cask which the defendants were proved to have received from Glenn Brothers' store, Greymouth, about April last. After only two witnesses had been examined the Crown Prosecutor announced his intention of abandoning the case, and the information was accordirgly dismissed. The Court then adjourned.