THE LICENSING LAWS.

Taranaki Daily News, 19 November 1920, Page 7

THE LICENSING LAWS.

SLY-GROGGING ALLEGED. SOME AWAKIXO CASES. A number of cases in connection with the liquor laws pertaining to no-license areas were brought by the police at tlie New Plymouth Court yesterday, before Mr. T. A. Bailey, S.M. .Tames Ross was charged that, at Awakino, in a proclaimed area, between September 8 and October 11, lie kept whisky for sale, and he also hat! to answer two charges of keeping and storing whisky for different persons, A. W. Williscroft and Jan Wilk. Ross, for whom Mr. P. B. Fitzherbert appeared, pleaded not guilty. ! The defendant is a blacksmith at Awakino. The constable in the district noticed that an unusual quantitiv of liquor was being sent to Ross, and instituted ihquiries, which later resulted in further police action. The inquiry elicited that between September 8 and October 1 Ross had sent several orders to licensed districts for whisky "for his own private use."

In outlining the above facts, Sub-In-spcctor Button stated that according to the investigations Ross had had fifty bottles of whisky in forty-one days, or an average of a bottle and a quarter per day He was constantly under the observation of the district constable, who had, however, never seen him under the influence of liquor. The evidence would show that Ross had ordered a case for a Russian named Wilk, who paid £7. The same man also paid money for half a dozen bottles to be sent out. The onus was on the defendant to prove that all the liquor had been got for his legitimate use.

Evidence was given by Constable Blaikie, H. W. Williscroft, and F. Wolfe.

Jan Wilk, station hand, stated that he ordered a case of whisky througli Ross, giving him £7. Later Ross told him he did not use the order, as his own name was good. The whisky came to hand later. On another occasion witness paid Ross £.l. Of this £2 was f,or a gig shaft, and he told Ross to get him six bottles of whisky for the balance. He did not get this, however, and about a fortnight ago got the £3 back. The witness was cross-examined at length by His Worship as to how drinks were obtained. "When you come down from the station and feel you want a spot how do you get it? asked the S.M.

Witness: Sometimes I get it from Ross."

In reply to further questioning, Wilk said he got drinks now and again from Ross, but never paid for them. The Magistrate: He must be a philanthropist. John Kelly, coacli-drivcr between Awakino and Tongaporutu, said that during the last three months Boss had received about three eases of whisky as far as witness could remember. He did not think there was sufficient liquor going to him to form the idea that Ross was slygrogging. There was another coachdriver, but witness did not know whew iie was at present. Sub-Inspector Hiltton: ''He's missing."

For the defence, Mr. Fitzherbert remarked that there was a very strong element of suspicion in regard to Ross to anyone who did not know him. Personally he had known Ross for the last sixteen years. At one time he was a man comfortably off, but had lost everything through continuous drinking, and he had been prohibited on numerous occasions. It was, of course, ridiculous to suggest that Ross drank all the liquor brought in. He had many friends, and was of a generous disposition. There was no evidence to show that there had been a sale. Ross was asked'by counsel as lo what was his capacity in the matter of drinking. He replied that in Stratford he lived in a hotel for some time and drank about two bottles of whisky a night besides what he had during the day. He denied that lie had ever sold any whisky. He had never made anything out of the transactions mentioned. To Sub-Inspector Hutton: He did not tr V itr ,Vas an offcnc<? to store liquor, His worship inquired if a carrying firm could not store liquor pending payment ot costs of carriage. Counsel replied that according to the Act this could not be done. The licencing law needed overhauling. Sub-Inspector Hutton to Ross: You were supposed to have no means; have not you bought a house and section since you have been there?— Yes. In # reply to the Magistrate, Ross admitted he had had a lot of whisky, On one night, however, when he had some friends in, they must have "one through over a case. ° The Magistrate said these charges were quite new to him, particularly "in regard to storing liquor, and he would reserve his decision.

BORROWING' AND LENDING. AN UNUSUAL CASH. Two other cases brought by the police involved a question which has not previously been (decided in New Zealand Courts, namely, whether the borrowing and lending 0 f liquor constitutes a sale. The tacts showed that this practice of obtaining loans of in various quantities is prevalent in the Awakino district. I'erdinand Wolfe was charged with keeping liquor for sale, and with, on various dates, selling whisky to .TackDelves (four bottles), to George Lake (two bottle*), and to \V. J. R. 4verv (one bottle). Defendant pleaded not guilty. He was represented by -Mr. R. 'h. Quiliiam. Sub-Inspector Hutton stated defendant was a, hoarding-honse keeper and resided at Awakino. The evidence would >o that during the last three months lie had sent orders for liquor for his own private use, and had also procured a quantity on behalf of the Farmers' , , ' 0n 01le Occasion when the constable saw Wolfe he had ten bottles of whisky and was told that he had better be caretul with it. Wolfe replied: it will be there for a month." When lie was seen a few day later he was asked by the constable how the liquor had been disposed of. He said that ic had lent, four bottles to Delves, two to Lake, and one to Avery This borrowing method seemed to have become a fine art in the Awakino district. It sscmed to be a general practice, and the police had decided to secure the decision 0 f His Worship. To prove a sale it was not necessary to show that, money had passed; the Court merely had to be satisfied that a transaction in the nature of a sale took place. There was an institution called the Farmers' dub—an unchartered club—and it appeared it was the practice for each

member to take, a turn, in stocking the club lockers.

Evidence was given by Constable Blaikie. In reply to Mr. Quilliam he stated it was strongly suspected that somebody had been procuring liquor under other people's names. Counsel said the two cases of whisky which came in on October 13 addressed to Wolfe and Lake had never been received or ordered by these two persona. Other witnesses were John Kelly and George 'S. Lake and W. J. R. Avery, of Awakino. Lake said that every man in the district who drank whisky was called upon at some time or another for a loan.

Defendant in evidence denied receiving any case of whisky on October 13. had not asked anyone to order whisky for him, and all he had got was by legitimate means. One case he received was stored in his locker at the club, as it was his turn to buy liquor for the club. -His Worship remarked that it seemed a peculiar system. Mr. Quilliam said he thought it was quite lawful. The Magistrate said the whole thing seemed a bit shady. To the Sub-inspector.—He denied that a considerable amount of driking went on ii his house, and that people who stayed there could not get any sleep. There tvere about twenty to thirty members of the club. Each had a key to the front door. Somewhat similar circumstances were concerned in the case in which G. H. Lake was charged witli keeping liquor for sale and with selling five bottles to W. J R. Avery, and six bottles to A. Blanehard. A plea of not guilty was entered by Mr. Quilliam. In addressing the Court, Mr. Quilliam said the trouble was apparently that_ men of standing in the district got a case of whisky intending it for their own use. Friends came along and asked for a loan, and such was the hospitality as in all country districts that the loan was granted. The men charged were not the kind who would carry on a petty s!y-grog traffic. The circumstances were such that they could not arise in a license district, and a considerable amount of the trouble was caused by the legislation which was designed to control the area, and the regulations were the source of all the traffic. Other argument was as to what constituted a sale. ' After the evidence of Lake, the Court adjourned, decision being deferred.