SLY GROG-SELLING.

Otago Witness, Issue 2810, 22 January 1908, Page 31

SLY GROG-SELLING.

A FINE OF £25. ' At the Police Court on Friday, before Mr H. Y. Widdowson, S.M., Elizabeth Connolly lalso known, as Payne) Tras charged with, on the 2nd met., selling beer without being licensed to sell same.; with -ihaving sold liquor on the sth inst. ; -and, on^a third char-ge, with having, on the sth just., "sold liquor to George filson without being licensed to sell the same. SudinspectoT Ncr>vood prosecuted, and .defendant, who pleaded " Not guilty,"' was represented v by Mr C. Scurr. In stating the facts of the case the Subinspector said that in consequence of information and instructions received 'Constable Fazakerlej-, on January 2, proceeded to defendant's refreshment shor> at Woodend, near Woodhaugh, where, after a conversation, he purchased a bottle of beer. On the sth inst. he returned to the shop with a man named Elson, and again succeeded in purchasing liquor. Defendant .sold a bottlo of beer to each of the men. Constable Fazakerley. the first witness called, said that on the 2nd inst. he was sent to visit a refreshment room at Woodond, near Woodhaugh, kept by defendant. He then purchased a bottle of beer. Onthe sth inst. he again visited the place in company with George TSlson. They were met at the door of the house by defendant, who admitted them to a front room on being assured that witness's companion was ' his friend. Witness asked for something to drink, and defendant asked if it was XXXX they were after. Witness said it -was, and defendant brought out four bottles of non-intoxicating liquor. Witness wanted to know if this was all she had. She beckoned to him to be silent, and left the liouee by the front door, returning shortly after .with a bottle of Cowie's ale wrapped in a towel. She drew the cork and filled the -glasses, "and accented 2s 6d in payment for the b9er. "Witness .and hie I companion consumed the Jbeer, and tlien 1 Elson .asked for another bottle. Defendant brought in a bottle of M'Ga^in's beer and filled two glasses, accepting Is for the liquor from Elson. After this had been disposed of Elson asked 'for a bottle to take away, and received the reply that there was only a' bottle of stout left; and a Mrs Riddle (defendant's eister), who in! the meantime had come into -the room, said they required it for themselves. About 11.45 a.m. on the 7th he returned to defendant's house for the purpose of trying to purchase more liquor and searching the premises, but he was met at the door by defendant, who told witness that he was a detective ,and that his companion of the sth inst. was a man who had helped the police on other occasions. Witness left and returned to the place later, with Station-sergeant King, and the place was searched. George Elson gave corroborative evidence. Cross-examined by Mr Scurr, he said ' he -was not a member of the police force, but he furnished information to the police beca-use he desired- to have brought to justice anyone who did wrong. He did not do this to make money. / Station-sergeant King said he was in the •vicinity of defendant's house on the sth inst., and on the 7th inst. searched the house at mid-clay. Defendant was absent ■at the time. There was only one female at the house, and she said she was a sister of defendant's. Witness was accompanied By Constables Fazakerley and Daubney. On searching the premises, found 10 empty • beer bottles. 1 Constable Daubney said he served a summons on defendent. She made a statement that a man came to her place with his arm in a sling, in company with another I man. She stated that the men purchased' two bottles of lemonade and said they would shout the two bottles if defendent would give them the two bottles of beer. £ne replied that there were only two bottles of beer in the house, and that she would give them one of the two in exchange for the lemonade. Mr Scurr, in making his defence, said that on the sth the constable and Elson came to the def en dent's house and knocked at the door. Dependent answered the knock and .asked them to come inside. They asked for a drink, and she produced urn* v "bottles of lemonade. The constable asked her if she "had anything stronger. She said "No." Her sister, who was in another room, oveTheardthe remark, and said "There is one bottle of beer here. "You had better give it to them to get rid of them." Defendent showed the constable the bottle of beer, and' he said he would shout two bottles of lemonade for the beer. That was done and the beer was jdrunk. Elson then asked for more beer and she gave him a bottle of home-made Jbeer, which was put up in one of M'Gavin's bottles. She was not in the habit of selling 1 beer. Shortly before Christmas her "brother-in-law gave her sufficient money to buy a dozen bottles of beer for her uncle, who was not well. Two bottles remained out of the dozen. The evidence of Elson was not to be de- ' .pended on, -and there remained only the ' evidence ot the constable. Elson bore the reputation of being a kind of "pimp," and was always .ready to get anyone into trouble whether what he stated of them was true or not. j "Elizabeth Connolly, defendent, said that 4

T on the sth January the -constable and Elson came to the front do^r of her premises. Witness asked them in, and they called for j a drink. She gave them Jour bottles of ' lemonade, and they asked if she had nothing 1 stronger. She said she had two bottles of , beer and her sister told her to give one lof them to the men. This she did and the men gave her two bottles of lemonade in exchange for the beer. Elson asked for more beer, and she gave him a bottle of home-made beor. To the Sub-inspector : The constable called at her shop on January 2 and was sup- , plied with soft drink. She did not tell | him then to go down to the house which | was some distance away from the shop, and j that he could get beer from her there at I any other time he desired. She did not j know why he did go down to the house. I She supposed it was to get hop ale. She could not say why he should go down to the house when the hop ale was procurable at the shop. Emily Riddle a sister of Mrs Connolly, gave corroborative evidence. Only one bottle of beer was given to the men, and two "bottles of lemonade purchased by the men were .given in exchange for it. That lemonade was da-unk at the back of the shop by witness and some children. The Magistrate said the question was whether the transaction effected really was in the nature of a sale that whs to -say, whether intoxicating liquor was sold to the two mfn. first of all to the constable and then to Elson. It was quite clear from the evidence that there was beer handled on the occasion, and from the evidence led he was of the opinion that there was a «ale. He must say that it "was rone of the most I ingenious defences ne had heard set up in these cases. With regard to the epithet, " pimp." as applied to police witnesses, he objected to it, and counsel should realise that it did not assist a case. Mr Scurr asksd that he be Leacj a« to penalty. The defendent was a hard-work-ing woman who eked out a, living. She was not of strong mind. She had no money at all. The Sub-inspector said the woman told the constable that she owned a house at Woodepd. The Magistrate said he would convict the defendent on th-s charge of selling on the sth and fine her £25, -with costs 15s. On the second charge, also relating to ~Ehat- date, she would be convicted and discharged. The third charge, relating to 2nd inst., was withdrawn by the police. "A PUBLIC NUISANCE." (From Oiib Own Cobeespondent.) AUCKLAND, January 17. "The sly grog-seller k a public nuisance,"' said^Mr Dyer, S.M., in delivering judgment in a case yesterday. "He not only breaks the law himself, but he demoralises the whole community. Men "pay heavy fees for licenses to sell liquor, and they are bound to comply with the licensing laws, but men like you," addressing the defendant, "carry on your demoralising trade after the hotels have closed and on Sundays. You are a perfect nuisance a-nd a pest." Later on in the proceedings leniency; was asked for in the shape of a fine- "fines are no good," the bencb^-said emphatically. "The only way to put this traffic down is imprisonment, for -niien men are faced with the prospect" of going to gaol it is generally -effective." The maximum sentences were imposed in each case.