ALLEGED SLY GROG SELLING AT KERRYTOWN.

Temuka Leader, Issue 1157, 27 March 1884, Page 3

ALLEGED SLY GROG SELLING AT KERRYTOWN.

At the R.M. Court, Timaru, on Tuesday last, Hugh Brosnahan, of Kerrytown, was charged under section 159 of the Licensing Act with selling a glass of beer to Richard Hoare, on the 9th inst., he not being duly licensed to sell liquors. Inspector Brnham conducted the inquiry and Mr Hamersley appeared for the accused, who pleaded not guilty. Two other informations were laid, charging Brosnahan with selling beer to Dennis Heffercan and to Michael O’Connor, on the same date, but only one was dealt with. We take the following account from a Timaru paper :

Richard Hoare was the first witness called, and the others were ordered out of Co«rt. The witness stated in reply to Inspector Brohara that he lived at Kerrytown, near to defendant. On Sunday, the 9th inst., he was at Brosnahan’s house, and had a glass of beer there, supplied by Mrs Brosnahan. He did not see defendant at the time, but saw him hrlf an hour before and about an hour afterwards. Brosnahan might have been in the house afi the time for aught he knew. Heffernan and O'Connor were supplied at the same time. He did not knu.v whether anybody paid for the beer or no). ii,- owed Brosnahan some 10s or 12s f r harvesting for him, and he gave Mrs Crosnaban some money, but could not tell how she received it, whether as the wages or for the beer. He called for the drinks, and his was beer. Could not tell what Heffernan drank ; he did not taste it. (His Worship cautioned the witness as to the manner in which he w r as giving his evidence.) He could not say what it was. What did he think it was ? Thought it was beer from the look of it. He knew James Barrett; did not see him there. Did not remember anyone else calling for drinks then. Heffernan called for drinks later, and got them.

Dennis Hefferuan stated that he lived near defendant. On the 9th inst. he was at defendant’s house, and saw Hoare there. Saw Hoare having a glass of beer; heard him call for it. Witness was supplied with a glass of beer, and so was O’Connor. He did not see the beer paid for. Brosnahan was not in the room, but he might have been in the house; saw him in the house about half an hour before, it was Mrs Brosnahan who supplied the drinks. To His Worship : I ordered some beer, three glasses, for myself, Hoare and O’Connor. I gave Mrs Brosnahan 6s for a day’s wages I owed her husband and the beer. I was there about 3 o’clock. 1 saw Brosnahan about an hour after that, and I was there three or four hours afterwards. Michael O’Connor stated that he was a farmer at Kerry town. Was at Brosnahan’s house on the 9th inst., and had some beer to drink there, with Heffernanand Hoare. When he went into the bouse he saw Hoare paying money to Heffernan, and saw two drinks on the table. He (witness) owed Brosnahan for some work, and he paid Mrs Brosnahan. He told her they ought to get some drinks from her when she was getting money. He had a good deal of drink in Temuka that day before going to Brosnahan’s, and with what be got at Brosnahan’s he became the worse for drink. He did not know, but he supposed be had half-a-dozen drinks, more or less, at Brosnahan’s. He owed Brosnahan 16s, and he gave Mrs Brosnahan 14s before he got any drinks. Mr Hamersley : How many charges have we to answer ? The evidence is being made to cover a lot of ground. His Worship said the witnesses were not very willing, and had to be taken round about.

Mr Hamersley said they were wonderfully willing witnesses. He had never heard a case of the kind in which the witnesses spoke less unwillingly ; usually it was difficult to get a word out of them. Witness to Mr Hamersley : I did not see Brosnahan there. To the Bench ; I did not see Brosnahan when I went in ; I saw him about an hour afterwards.

A youth named James Barrett, and Thomas Howley, Clerk of the Levels Licensing Bench, also gave evidence. Mr Hamersley made a long address for the defence.

His Worship, after consultation with his colleague, said that the Bench were satisfied that Brosnahan was perfectly cognisant of what was going on in his own house. One witness said he was standing at the door when he went into the room where the dlinking was going on, and he must have been perfectly cognisant of what his wife was doing. His wife was receiving money for his wages, and he must have known that money was being taken for drink also. The only question with the Bench was the 1 question of penalty. They did pot pro-

pose to inflict the full penalty of £SO, but would fine him £2O. In all future cases the full penalty would be inflicted, the Rencli being determined to keep down sly grog selling. Mr Hamersley gave notice of appeal against the decision.

The other two informations were then adjourned by the Court for four weeks, until the question of appeal had been settled.