SLY GROG SELLING.

Taranaki Daily News, 23 June 1919, Page 2

SLY GROG SELLING.

MORE MOKAU CASES. A crop of cases, arising out of a transaction at Avvakino on April 19 last, was heard before Mr. J. W. Poynton, S.M., at the Magistrate's Court, New Plymouth, on Saturday morning.

Jo'm Henry Lowe was chaTged with selling liquor to a native named iMita; and also with supplying liquor to a native. Ba was also charged on three different counts with supplying liquor to Erie Beere within a proclaimed area.

A'ora Agnes Lowe, wife of the above defendant, was also charged with supplying liquor to Beere. liric Beere was charged with delivering liquor to Hugh Gilmour and Michael O'Halleron, being residents within a jproclaimed area. Sub-Inspector Hutton .prosecuted, and Mr. A. H. Johnstone appeared for deiendants and entered pleas of guilty, except in the case of Lowe, charged with supplying, which, lie said, was evidently intended as an alternative to the charge of selling.. He thought the police would witli/lraw the other informations, a3 a t plea of guilty was entered on the substantial charge of selling. Tl-.fc sub-inspector said that while he had no power to withdraw the informations lie was willing to leave the matter in the hands of the magistrate. Mr. Poynton said the charge of supplying could not be upheld in connection with a charge of selling, or it would mean that a man would be punishable twica for what was in reality only one offence.

Mr. Johnstone said the offence of sellins v:i3 admitted, though the only evidence was that of two accomplices, who, notwithstanding that they had aided and abetted in the offence, were not before the court. Tho case presented none of Die usual features associated with Mokau sly-grog cases. Accused, up till a few years ago, had been a hard-work-ing and law-abiding backblocka Bettler, and there had been nothing' known against him nntil the time of the offence. He had taken to driving what ivas euphemistically termed the "coach" between Awakino and Uruti. This distance—about 50 miles—he did every day. He was really in poor circumstances, and had a wife and 5 children to keep. A heavy penalty would ruin him. Celine! submitted that accused had been tempted by others who wanted it to get the liquor, rather than carrying on any systematic sly-grog selling. Mr. Johnstone drew attention to the manner in which the police had, without warrant, &nd purporting to act under the War Regulations, gone to accused's house and searched the place and taken away a .part bottle of whisky, which was actually found in the pocket of a coat belonging to accused's brother. There were, Mr. Johnstone saad, few men from the district who came before the court with a cleaner record than accused. Sub-Infepector Ilutton stated that on April 19 there was a dance in the district, and the constable, noticing some of the men the worse for liquor, naturally made inquiries as to where they got the liquor from, the result being that accused's place was searched and a bottle nf whisky found, which Constable McGregor took possession of. It appeared that Beere, who was only a lad, had been sent down to accused's stables at Awakino for liquor, and 111-might it hack to Gilbert and O'Halloran. Referring to what Mr. Johnstone said about the hardship under which the accused (Lowe) lived, and how much he would feel a severe penalty, he pointed out that the police in the district worked under hardships. The law in regard to liquor was openly defied to the utmost extent.

In regard to Beere, he was only 17 years of age, and had delivered the liquor from accused to the parties who had purchased. His parents were respectable people, he having gone to Mokau as a cftdct, hut had got into bad company. His father, however, had decided to take him away from the district. Mr. Johnstone pointed out that the case against Mrs. Lowe was of a very trivial nature, and all she had done was to hand over the liquor to Beere. The Magistrate said there appeared to be good profit in sly grog-selling, and unless substantial penalties were inflicted some people found it more profitable to pay fines than to cease from the illegal trading. That had been the case narticularlv in the matter of selling adulterated milk. While taking into consideration all the circumstances of the man's position, and the fact that it was a first offence, ho nevertheless felt he must impose a substantial fine. On the charge of selling to Mita, LOwe was fined £lO and costs, the charge of supplying being dismissed. On all the other charges he was convicted and ordered to pay costs and to come up for sentence if called upon within twelve months. Mrs. Lowe was also convicted and ordered to come up for sentence if called upon within twelve months. Beere was ordered to pay the costs in his case, which the magistrate dismissed under section 92 of the Justices of the Peace Act. He Baid he did not wish io record a conviction against so young a bof, and hoped the case and having fd pay costs would be a lesson to him not to supply liquor to people in prohibited areas.

Tlie costs in the cases amounted .to considerably over £2O.