BEER AND A "BOB IN."

Pukekohe & Waiuku Times, Volume 6, Issue 251, 16 February 1917, Page 2

BEER AND A "808 IN."

STRANGER JOINS "THE BOYS."

POLICEMAN IN DISGUISE.

At the Pukekuhe Magistrate's Court jesterday, before Mr F. V. Frszer, S.M., the sequel to the raid recently made by the police on the billiard-room at Bombay in connection with the alleged illicit sale uf liquor was unfolded n the form cf a charge against James Evan?, boardinghouse and billiardroom proprietor, of Bombay, that on January 6th be did sell liquor, to wit neer, without being duly to sell the samp. There wtre further charges of expoeiog hquor Inr sale on the same date, tor selling liquor on January Bth, and both for eeiling and exposing liquor on January 13tb. Mr Alan Moody defended, and the C urthouse was crowded with what was evidently an interested audience.

Sergant Cowan prosecuted, and at the outset briefly outlined the ciircumstances as narrated later in tte evidence, mentioning also that it was as the reault of complaints made to the police that a plain clothes coustable was sent to Bcmbdj> to secure evidence. Be added that there was no suggestion that the defendant had made much, it

anv, profit out of the sale ot the liquor.

(JoEstable Cottenll, who displayed no little nervousness in the witnessbox, especially under cross-examina-tion, was the first witness called, tie deposed that he was a constable stationed in Auckland, and in accordance with instructions be pruceeded on Saturday January 6th, to Bombay in civilian attire. That same evening He was one of a party ot 14 present in the billiard-room. Defendant went to a cupboard and filled a jug with beer, and banding round glaesfs to all present be poured the beer uut. About a quarter of an hour later another drink was banded round. He (witness) offered the defendant a half-crown piece, whereupon defendant said "I will be collecting a bob all-round presently. They all throw a bob in." Continuing, the witness said that a little later a third round was served, when Is each was collected, and two subsequeat rounds were also partaken of. A.r Moody, interjecting: So you bad

FIVE DKINKS FOK A 808. Witness: Yes. At this stage a glass known as ' a medium" was produced, and witness admitted that it was five "medium" glass drioks that were served. Mr Moody: Bombay is the place to go to for cheap beer. (Laughter). The Constable went on to say that on the night of Monday, January Btb, he asked the defendant at the back ot the boardinghouse for a bottle of lemonade and defendant showed him a bottle of beer (bottle produced) and asked bim if it was a?.y good to bim. He replied "Yes" an:J was given the bottle, for which and the lemonade he paid Evans Is. lbe following day be handed the bottle of beer to Sergeant Cowan,

Sergeaut Cowan: It is draught beer. I bave tasted it. (Laughter).

ito witness then stated that un January 12tb, atout 10.30 p.m. be puichased another bottle ot beer, which he drank, paying 6d tor it Continuing his evidence, the Constable next dealt with

THE POLICE RAID. He said that about nine o'clock on the evening of Saturday, January 13th, be was again in ibe billiard-room, the party, including himself, numbering 13, nearly all of whom had been there on the previous Saturday. Evans again wect tu tbe cupboard and tilling the j utr with beer be poured out two rounds at intervals. Atter the second drink he (witness) went out of tbe billiard room and spoke to Sergeant Cowan, who waa waiting on the opposite side ot the road. Sergeant Cuwan gave him a marked half-crown and a marked bottle and be reentered the billiard room just as Evans was again tilling tbe glasses with beer. Producing tbe Dottle, he said to Evans, "Jim, till this up for me for tbe morning," and Evans replied, "Don't take any ot tbie. Put tbe bottle in tbe cupboard and I will till it up in the morning." Witueßß was banded his third drink and he then gave the defendant tbe marked nalt crown, telling him to taKe Is 6d out of it-Is for. the drinks and 6d for the bottle in the morning. Defendant said "Kigbt ob," and returned him Is a« change. Witness went outside and on repotting to Sergeant Cowan the latter, in company with other policemen, entered the billiard room whilst Evans was taking a from another man. Evans said

"HAVE A DRINK, SERGEANT,'

but the Sergeant told Evans that he had a warrant to search for liquor, and Constable Ihornell proceeded to take (be names ot tbe 13 present, including his (witness's) name.

A KAW KECKUIT. Cross-examined by Mr Moody, the Constable stated that be started as a probationer in the police force at Wellington on October 10th last, and was sworn in on December 21st, leaving for Auckland on tbe following day. On Mr Moody mentioning thst a constable was not sworn in until he served three months' probation tbe witness became confuse:! a« to his datee, whereupon Mr Moody remarked that it was evident that witness's memory was not too good, even for the case under notice.

1 he Constable atter explaining to ttie Magistrate that it was the lirst timj he had been in the witness box adhered to tbe dates he had quoted. Cross - examination (continued) : He was 21 vearß of aga and was a shepherd in Hawk 09 liay before he joined the lorce. He had not been on duty in tlie streets yet. He stopped at defendant's boardinghouse at Bombay and was there eight days. In further cross - examination, witness said that he reached Bombay about 8 am. on Saturday,

January, 6th and defendant to find him work. The defendant said he could get him employment £on ths stoeecrusher but'be replied that such would be too bard work for him and tro far away. Through defendant he got woik TO CUT BLAI.'KBEKKIES near at hand and was paid 8s per dtiy. He was'.cot overcome by •he five drinks he had in the billiard room on his fi.st evening. The d ferdant did not want him to pay for the beer, but sail to him "All ths boys put a bob io," and as be (witness) wanted to be "ONE OJ? THE BOYS" be put his shilling in. There was no concealment übout the bear being handed round. The defendant told him that it was the custom for him (defendant) to get a three-gallon keg out from Drury every Saturday night and to collect a Is each from "the boys'" for it. He did n< t tliink the defendant made any profit out of it. The defendant did not tell him on Jan. 13th thit the reason he cou'd not fill the bottle was that the beer belonged to "the boys." He, however, knew that all "the boys," himself included, had an interest in the keg to the extent of five drinks each.

The witness at this staga somewhat contradicted his previous evidence whereupon Mr Moody asked "Do you expect to stop in tlia police force ?" Witness: Yes Mr Moody: Wont you be going back shepherding. Witness: No. Mr Moody: Well you might be later on (laughter). The Constable then suggested that his note-book would refresh his memory and after he had inspected it with the Magistrate's permission Mr Moody asked for it to be handed to him.

Much amusement was caused upon Mr Moody reading an extract from the note book as follows : " Jan. Bth —Called on Dad Vince and asked him for a drink. He told me to GO TO " Mr Moody: Instead of that you went to the billiard room. (Laughter) Witness: Yes.

On the witness being asked as to a portion of his notes on a certain day being written at apparently different times he explained that such was caused by his pencil being sharpened in the interval, and Mr Moody's retort was " Your memory also wants sharpening." Cross • examination (continued): The collecting of the Is apiece was done quite openly. In the interval between the two Saturdays no beer was exposed in the billiard room. The other fellows regarded bim as one of themselves. He thought that an honour. They looked un him as a friend and were quite open in their talk before him. Ihe defendant would be committing perjury if he denied selling him the bottle ot beer on January B'.b. He found tb? defendert a very decent chap. In fact they were

it ALL GOOD FELLOWS. '" Id reply to tbe Magistrate the witness stated that Evans told him that "tbe b)ys" stuck to the keg k until thty finished it. Sergeant Cowan gave evidence aa e to carrying out tbe raid oo January » 13th in company with tour conII stables. They took the names ot e all present and searched tbe preD mises. They found in the cupboard j in tbe billiard rndm a 3-gallon keg, t about bait of which was uncon--2 sumed. In tbe wash-house attached t to tbe boar inghouse was a full 0 bottle ot bear, which defendant * claimed as bis. In the yard they found a couple ot empty kegs and j Bcme empty beer bottles. Evans 1 told bim that he had only collected 7s t that night and still required 2s to , pay for tbe cost of tbe keg—9a. I Evans gave him the names of the \ men who had paid the 7s. including • the witness Cotterill's name. , Evans, on bis request, showed him tbe money be had in bis pocket , and witness picked out from it the \ marked balf-cruwn be bad given , Cotterill. Cross-examined.—Evans was quite straightforward in his story. Tbe , billiard room Coor was open and some of tbe blinds were up. Evans | said "Whatever is here belongs to the boy p." Evans also told him that after they collected 9s they did not collect more. Mr Moody acknowledged the fairness of tbe evidence as given by Sergeant Cowan, and stated that the circumstances connected with the raid were admitted. The case for the police was then closed. THE DEFENCE. Mr Moody, in opening the case for the defence, said it was admitted that beer was in tbe billiard room and that the defendant waa collecting money tor it, but he' contended that there was no actual sale. It bad been a custom in Bombay for many years past to get beer up from Drury and to consume it at a social party, others besides Evans having done so. Evans made no concealment abrut it and he did not thick he was breaking the law. It was first quality beer that was partaken ol— not hocus >ed beer as ia sly grog-selling. Tbe Magistrate (interrupting Mr Moody) stated that undoubtedly tbere was a technical s?ie on January 6th and also on January 13th, leaving out the matter ot January btb. it was, however, a very mild ca.-e and be quite understood the defendant's position in regard to it since it was an old established custom. Mr Moody, in accepting bis Worship's ruling, suggested that if possible a conviction should not be recorded to that the defendant could not be stigma'lsed as a sly grog seller Perhaps, he said, the Magistrate msttad might Xu aile to simply order the defendant to pay some sum to a patriotic fund. Evidence as to defendant's good

character was given by Mr W. K. Cornthwaite, J. P. Ths defendant then entered the witness box and denied having sold the bottle of beer on January Bth to the witness Cotterill. On January 6th Cotterill asked biro if he could join in with th: beer and he (witness) promised to ask "the boys" if they would let him do so, which they did. It was his haMt to bring a keg up from Drury every Saturday. He denied telling Cotterill on January 13th that ha would give him a fcottla of beer ou tbe following morning and when he gave Cotterill a is change for the marked half-crown n3 told him that bs he had then a sixpenny piece he would give rim the belance ot 6d later. He cettainly made no profit out of the b. er. The Magistrate pointed out that if all tbe 14 men present on January 6th and the 13 present rn January 13th paid Is each there would be a profit since the beer each night only cost 9a but the defendant's reply was that he only tioubled to collect 9a and if anyone iiked to pay after that the balance would go to pay tor a "tree" night oh another occasion.

Mrs Margaret Evans, detendant's wite, stated that in regard to the alleged incident on January Bth she heard a noise in the wash-house just itfcrd Cotterill tapped at the kitchen door and asked for her husoand. Her suspicions now were that Cotterill was pcking round. She followed her husband out and was certain that he handed no bottls to Cotterill.- By Sergeant Cowan: She thought Cotterill stole the bottle of beer from the wssh-huuse. Herbert Farrcr, Bhare-d-akr, deposed that he was often in the billiard room, and it was the custom to put in a Is per head for the beer. A FINE. The Magistrate, in giving Ins decision, said that the practice ot a weekly party ot "the boys" in the billiard room could nit be construed as coming under Section 268 of the Licensing Act,. which exempted from its operations "an association, soci ty or clab lsgitiruetely carrying on literary or musical entertainments." It therefore fallowed that an offence bad been committed either of a straightout illicit sale or of a sals by a member of an unchartered club. The defendant obtained tbe liquor and acted as a soit of manager ot tbe club, and looked atter tbe cash, but no account of finances seemed to have been kept. If the defendant made any profit such was certainly very small, and he would acceDt the defendant's statement that no profit was made. As to the alleged sale of a bottle ot beer on January Bth, although tbe defendant denied it, he (the Magistrate) believed the Constable, but thought the defendant oily supplied tbe bottle from his own private stock to oblige a boarder. It was an isolated sale? He would convict and tine tbe defendant £5 and 7s costs on the first charge, viz., for selling on January 6th, and he would cmvict and discharge him on tbe other informations.