Resident Magistrate's Court, Foxton.

Manawatu Herald, 14 May 1892, Page 2

Resident Magistrate's Court, Foxton.

« — , (Before H. W. Brabant Esq, R.M). Thursday, 12th May. (Continued.) THE SHANNON SLY GROG CASES. J. P Hemmingston deposed — He was a member of the sports committee ; O'Loughlin wag a member ; was ft a meeting when a resolution was passed that no liquor was to be on the ground ; believed he moved the resolution and Bentley seconded The reason was that there was to be a school picnic on the same day ; believe Richards and O'Loughlin were present ; saw the booth, there was a lot of soft taok and a box with some beer and a bottle of whisky ; the whisky had no brand ; it was not in clear whisky bottles but in similar to one produced (quart beer bottle) ; asked O'Loughlin what the whisky was for ; there might have been more liquor; thought it was very strange the whisky was there ; O'Loughlin and Richards asked him to sell in the booth ; helped the committee to the stuff they wanted ; did not sell any liquor that day ; people came in and out all day ; was not in charge of the liquor, supposed Richards and O'Loughlin were in charge ; the public were not all admitted to where the liquor was kept ; think he had served McPherson with liquors once or twice ; Bentley had beer there ; Jimmy Crowther was in there, do not know what he had ; never had seen account, (Pascoe's) produced, before ; do not know whether the liquor was there ; the public could not see the liquor, it was boxed off the other place.

By Mr Baker— Did not know till he was on the ground that liquor would be there ; never knowingly sold liquor \ sometimes people put down money and walked, dut alter having ginger beer and all that ; believed there was one occasion when money was put down ; committee never gave me to understand anything. Re-examined - Nothing was said last Court day he wished to deny ; what money he took he handed over to Angus Keith and Richards ; did not see Grip arrive on the ground ; the first time he saw him Grip was a " little on," it Was dinner time. By Mr Baker — Believed he did sell liquor and get the money ; he did it in ignorance. By the Constable -Do not wish to deny anything he had already said A. McPherson deposed —Was judge at the sports ; Richards was in charge of the booth ; saw beer and whisky there ; liquors were in a compartment off the main booth ; people were going out and in ; saw two cases one of ale and one of whisky ; he had some ale ; two friends and himself went to booth and had ale given to them and when reaching to get more ale, obtained a beer bottle which however had whisky in it ; went there again, saw Several people' buy whisky ; saw Hemmingston serving; cannot say he saw O'Loughlin in the booth; was asked to audit the accounts ; saw account (Pascoe's) produced, drew Secretary's attention to the manner it was drawn. By Mr Baker— Am not the owner of the other hotel ; it is my wife's ; the constable did not know what evidence he was going to give ; went into booth three times ; saw no other members of the committee there ; saw Powell the storekeeper and Venn the farmer buy whisky from Hemmingston and pay him ; there was not much attempt to hide the liquor as people knew where to find it. Albert Keith deposed — He saw bottles full of different kinds of stuff; the place was like a hotel bar, there was a counter and place for people to serve and a shelf behind ; he had whisky and limejuice mixed ; O'Loughlin served him and he paid him ; saw others getting liquor served by O'Loughlin ; a man called Liljehone waa served, he is commonly called " Grip " ; saw him go to the sports ground that day ; he was not sober, he could walk ; when he left he was much elevated ; a J.P., had to caution Grip how he acted towards the children. By Mr Baker — Positive it was O'Loughlin who served him. Re-examined — Did pay O'Loughlin for the liquor ; was sober. By R.M. —He gave O'Loughlin a shilling and received sixpence in return. W. H. Pascoe affirmed that he was a brewer at Palmerston ; he had not rendered an account to the Shannon sports committee ; had an order on behalf of committee (produced) from O'Loughlin ; sent one case addressed to O'Loughlin, in addition to beer, enclosed 2 bottles of brandy, did not send any whisky ; addressed the case to T. O'Loughlin ; have no account with the committee. Re-examined — Never supplied the items mentioned in account sent in to committee such as seven bottles at so much. J. Gillespie deposed - Was at sports at Shannon on 29th December ; saw Richards and Hemmingston in the booth serving, also after a while O'Loughlin, who asked him to have a liquor ; he said that he (O'Loughlin) and Richards were running the booth on behalf of the committee ; asked if he had a license, said •• No," as they were not going to sell any, but had only bought liquor tor committee ; had seen Grip early in the day all right, but later on he was very drunk ; noticed he was a regular customer at the booth ; the manners of thers also led him to suppose they were selling liquor. By Mr Baker — Grip had told him he had got " that drunk " at the booth that he did not know what he had had to drink The Constable said that was his case. T. O'Loughlin deposed — The order to Pascoe (produced) was put in by him ; there was liquor on the ground for the committee ; Richards was considered responsible ; when Richards was rushed he lent a hand ; he played in the band and also acted as starter; had no knowledge that liquor was being sold ; did not engage Hemmingston ; if Hemniingston had sold any it was not with his knowledge ; it was no profit to him ; he handled no money knowing the "opposition " .which was felt and expected it would be made a handle against him ; swear he never served Korth with liquor; Grip was drunk at half past seven in the morning ; he came to the counter and was refused by Richards and himself; saw McPherson go into booth ; Venn asked McPherson "Do you live in here Mac " ; saw Hazeldine and Woods go in ; everyone appeared to take a friend in ; none of the liquor went back to his house. By the Constable -Acted on behalf of committee when ordering from Pascoe ; was not certain whether it was Crowther or Bentley or Richards who instructed him to get the liquor ;

ordered, 2 bottles of brandy and case of ale from Pascoe ; letter produced is in his wife's hand writing ; got a case of ale and two bottles of brandy ; the four bottles. of whisky came frotti his place ; could not say whether it was Crowther or Hemmingston ; he was to get some " hard stuff" ; did not see it brought ; the whisky came from his house, believe his youngest son went for it aud brought it back ; do not know what the seventh bottle is ; am charging committee for my liquor. T. Proctor deposed — He saw Grip at 8 o'clock, he was then vary nearly drunk ; met him going to the sports when he was quite drunk. The R.M. said he would reserve his decision until all cases in connection with the sports had been heard. Timothy O'Loughlin was then charged that he did on or about the 80th day of January, 1892, at Shannon, sell certain liquor, to wife, whisky, which he was not licensed to sell. The accused pleaded not guilty. The constable stated that he had to apply foi an adjournment to next court day as an important witness was not present and he believed he had been kept out of the way ; he asked for a warrant to be issued for his apprehension. The adjournment was granted. Charles Montrose Richards, was charged that he did on the 29th day of December, 1891, at Shannon, sell certain liquor, to wit, ale, which he was not licensed to sell. The accused pleaded not guilty. And he was also charged that he did on the 29th day of December, 1891, at Shannon, expose for sale, certain liquor, to wit, ale, which he was not licensed to sell. The accused pleaded not guilty. It was agreed that the evidence taken in previous case should be admitted. H. W. Robinson deposed — Saw Richards and O'Loughlin at Shannon on 29th December ; in the booth there were cordials and whisky ; had a small glass of whisky ; Richards gave it ; Rowe and Newport were with me; he handed money over for the liquors, By Mr Baker — Sure it was not lemonade ; asked Richards for whisky and got it. The constable said that this waa his case. CM. Riohards deposed that he sold some soft stuff to last witpess and he asked him for some whisky and he put a little in. This concluded this case, Timothy O'Loughlin was charged that he did on the 29th day of December, 1891, at Shannon, sell liquor, to wit, ale, which be was not licensed to sell. Accused pleaded not guilty. He was also charged that he did on the 29th day of December, 1891, at Shannon, expose for sale certain liquor, to wit, ale, which he was not licensed to sell. Accused pleaded not guilty, The constable said he would not offer any evidence as to the sale, but would rely on the exposure. The constable asked that the evidence taken would be agreed to have been taken in this case, Mr Baker agreed. T O'Loughlin deposed that he had always seen free liquor for the committee at sports. Asked why so muoh liquor had been found, the witness said that a large number of the public were expeoted. On the Court resuming in the evening the R.M. gave his decision. C. M. Richards was fined 20s and costs of Tourt 12s and witness expences £3 6s sd, in default 14 days' imprisonment in Wanganui Gaol with hard labour, for selling whisky on 29 th December at the booth on the Shannon Sports ground. 0. M. Richards was fined 20s costs of i 'ourt 12s and witnesses expenses £3 6s 6d for selling ale at the school room on the 29th December last. The charges for exposing the liquor were dismissed the X.M considering they were of the same offence. Timothy O'Loughlin was fined £5 costs 13s, witnesses £6 12s in default one month* imprisonment with hard labour in Wanganui Gaol. The defendants were allowed three weeks to pay linn and costs. The charges still lying against T. O'Lougblin are for selling whisky on&or about the 80th day of January, and being found on the premises known as the Wellington Mauawatu Club for the purposes of dealing in in liquor. These cases will be heard in June.