ALLEGED ILLICIT DISTILLATION.

Temuka Leader, Issue 1565, 15 March 1887, Page 2

ALLEGED ILLICIT DISTILLATION.

At the Beiident Magistrate’s Court, Timarn, yesterday, before Mr J. S. Beiwiok, 8.M., and H. J. LeOren, Eiq,, J.P., James and Joseph Matthews and James Bills were charged with having in their possession certain distilling apparatus contrary to section 111 of the Distillation Act, 1868. Mr White, Crown Solicitor, appeared for the prosecution, and Messrs Hamersley and Btey for the accused. At Mr White’s request all witnesses were ordered out of Court. Mr White opened the case for the prosecution, and gave a narrative of the capture. The police on arriving at the Matthews’ residence found a still head in the roof, The men denied all knowledge at first, but eventually said it was used for cooking chicken feed. A little while after one of the Matthews'’ said if the police would go to the stable they would " find the other part.” The police found the whole still as indicated, but the men denied all knowledge of how it came there, A little while later they found casks, barley, etc., at a spot about half a mile from the house inside a gap in the hedge, to which a let of wheel tracks were observed.

Mr Hay objected that the spot indicated was not on the premises of the defendants. Some argument took place between counsel as to the admissibility of the evidence as to the spot in question. His Worsnip thought the mere fact that the wheel tracks led up to the spot from off the defendants’ ground proved their connection with the spot. Inspector Broham stated that on the Bth of this month he, with Deoteotive Kirby, Sergeant Livingtone, and Constable Stanley, went to the premises of defendants, a fourroomed house, consisting of a kitchen and bedroom (where the three men slept), and two back room—one like a kitchen, the other a spare room. There was a loft over the kitchen and bedroom. On entering witness told James Matthews he bad come to search the premises. He replied that they might do so. During the search Detective Kirby brought down from the loft the still head. The loft was reached by a hole ia the ceiling just above the junction of the two back rooms. The men, being asked what this (the still head) was, said " They did not know: it came there about three months beforeadding “ We’ll tell you what we meant to do with it—we meant to cook chicken feed.” The search was continued, and afterwards Joseph Matthews said “ Do you want the other part of that ” (painting to the still head). James was present as well as Joseph. Bills may have been present, or be may have been in the bedroom Joseph added “The other part is in the outhouse there.” Witness said, “ We’ll all go out there, then,” and the whole party did so. The outhouse was about 100 yards from the dwelling. The head produced is part of the still produced. Witness asked what this was, who brought it, and how it came, to which they replied that they did not know, repeating that they meant to use it for pig feed. Witness and Detective Kirby searched the farm, and ultimately found a dray track in a ploughed field, well defined and recent, and leading to a gap in the hedge. The ploughed land was about half a mile from the house. The track began on defendant’s land, and led on to the ploughed field. There was but one dray track off defendant’s land, and it was the one in question, There was a green sward from defen- { dant’s house to the field. On Matthews’ ground there were appearances of horB:S having been there feeding in numbers. Mr Hay objected to any evidence being given as to what was on the other side of the gap. The E.M, thought if tbs track led up to a gap it was presumable that the defendants had knowledge of it. The articles found in the house and through the gap, too, were connected. Examination continued: There were no wheel marks on the other side of the gorse by the gap. Mr Hamersley supported Mr Haj 'a objection, but His Worship overruled it. Examination continued: Witness pursued the track through the gap and found a spot at which a still had been at work* Xhs

track vent through the gap. There were a number of barrels, about six or or seven in number. He found the space where the barrel that contained the worm had been taken up. He also found a quantity of yeast, which was lying in the creek; alio, a jar of whiskey, and an old oil can used for boiling water. A quantity of grain was also lying there, and a quantity of coil aehes under the still. All the space around smelt 't'onely of spirits. There ware a number of iuus, and they all smelt of spirits. He had seen a great many other stills. To Mr Hay: lam not exactly an expert, but I have seen a great many etilla. The orifice in thii still is of the requisite size. I have eeen (tills of various sizes. I hare got convictions in still owes. I am not sure whether the arms of the stills I have seen were pointed like this one, but they were always so shaped. The place where the head was found was a loft, The plaoe where the wheel marks first started was not near a road. There is a road running through Matthews’ land, but no beaten track was on it. I asked Matthews if it was a road, -had he said it was. As far as I otn eee th' t has never bad a fire underneath it. I did not understand them to refuse ms information. The shed seemed to me to be in use for shearing purposes. There was no defined track leading from the fence to the still. The gap through the fence leads into Heroe’i land. The itill was down a bill, whioh was steep for a dray. Jamas Hayworth, Collector of Customs at Dunedin, deposed: I have seen a number of stills heads, and I believe that to be intended for one, and the other part to be a portion of a still. With the addition of the worm it would be a complete still. Detective Eirby corroborated the evidence of Inspector Broham as to the finding of the plant. To Mr Hamersley: The lott seemed 18 or 20 feet long. 1 saw nothing in it but the coat and the tin top. 1 did not hear James say “he didn’t know how it got there.” I could not say whether there was any tracks on the downs off the ploughed land connect* ing with the track on the ploughed land. Some difficulty arose through the witness being somewhat uncertain as to the tracks, and whither they led. He was examined, cross-examined, and re-examined by the Bench. Counsel for the defence objected to re-examination and explanation, and a good deal of controversy took place, daring whioh the ease proceeded with some difficulty. Witness continued that James Matthews drove them from the house to the apparatus, taking the road described by witness as marked by the tracks described. (One of the accused was at Mr Hay’s request furnished with a chair, and Hie Worship objecting to the presence at the lawyer’s table of * person not concerned in the oeae (but who Mr Hay explained was there to help him to understand the plan of the country) was allowed to remain. James Matthews, the other accused, was allowed to take hie place at the table.) Sergeant Livingstone gave evidence, corroborating the evidence ofthe Inspector and the Detective. He added that he (witness), on the brothers denying all knowledge of the ■till head, said to them, " Well, if 1 knew nothing I’d at leait tell what I did know.” On this the other one remarked “ Oh, we’d better tell ’em what they are.” Thereupon Jamee tnrned round to Joseph, and said ” There, don’t be a—— fool.” Bills took no part in the conversation. To Mr Hay: I was in the front when Detective Eirby brought down the still head. Inspector Broham was present when James said “he never saw a still in bis life.” There was no question asked as to what va were looking for. I did not see this still in the etable before it was taken.

Constable Stanley gave corroborative evidence.

Henry Foster Smith, manager of M* Pierce’s farm, in the abienca of the owner, said Fierce’* land adjoined Matthews’. Witnen law a ipot pointed oat at which a plant wai got. Stanley had ehown wit* neu the gap in the boundary fence. He could not eay who out the gap. There wa> no gap there sis weeks ago. There was no road there.

To the Bench: If I had been there I should not have seen the still. I scarcely ever went down the creek so far. I live 1J miles away from the gap. This was the case for the prosecution, and at 4,20 the case was adjourned till Monday next at 11 a.m.