ALLEGED ILLICIT DISTILLATION.

Temuka Leader, Issue 1568, 22 March 1887, Page 2

ALLEGED ILLICIT DISTILLATION.

At the Resident Magistrate's Oourl Timuru, yesterday, before J. Beswicl Esq., R.M., and H. J. LeCren, Esq J.P., the charge against Joseph an James Matthews of illicit distilling ; Waitohi wbb resumed. Mr White appeared to prosecute, an Mr Hay for the defence. The case for the prosecution conclude on Mi-n.iay last, and the following ev deuce for the defence was taken : Thomas Tresize, said he was a farmer i Temuka, and was acquainted with th Matthews' farm. He had made a tracin (produced) of the farm, The creek wt indicated by a cross; it was where th tubs were found. You pass over ploughe land coming from the creek to Matthewi road, then a-grass plain. There wan road between the ploughed land nn Matthews' house. It was fenced on th north side only. There was iraffic on th road. It was a general traffic road o that side to Temuka. It was impossibl to see any obstacle from Matthews' lan owing to the high hill at the back o the house. He had seen a similar boile in Matthews' stable. Anyone couli Boe it without going close up to the stable To Mr White : This land belongs to me It is let to James Matthews. Josepl does not line on the farm. Have no seen a gap between this land and Pierce's It is 12 months since I have been on tb< ploughed land. Have not spoke about i still to either brother. Know Sergeam Livingstone ; met him at Dunedin. Diri not remember saying to Matthews, "] caution you not to have anything to dc with a still." Years ago 1 think I said tc the Matthews' that I would not have anything like distilling carried on on the land. Do not remember telling Sergeant Livingston nine days ago that I bad cautioned the Matthews about having a still. To the Bench : Have used trie road past the gap for a steam threshing machine. Have ilso used it for light traffic. Should say there has been very little traffic of, late on this road. Believe the Matthews' gruin has been threshed and sold since 1 was in tLe locality last ; that was about a month ago. la re-examination witness said he remembered asking somebody what the big

boiler was used for, and being answered by one of the Matthews' that it was ioff*' chick feed.

Arthur James Roberts, a Waitohi Maori, said he recognised the stiU head. When he was going home one evening he found the still-head produced. He picked it up, and seeing a team ahead he cooeyed to the driver. He did not know the driver's name. It might have been Bills. II- 'vns working for Matthews. [Bills was here brought in and identified by witness], Bills said ir, was useless to him, but witness said " You had better take it," and the boy did so. To Mr White : I know this still-head. I should know it among a dozen. James Bills said that when the Maori handed him the still-head he at first refused to take it. Subsequently he took it home, and asked Matthews what it was for. He said he did not know. Witness threw it up into the loft and never saw it again till the police brought it dovrn. To Mr White : Heard Detective Kirby say there was nothing but the still-head and coat in the loft. There were other articles. [Witness here described the loft, the position of the hole, and the mode of throwing things up into it]. He could not say how the body of the still came on the farm. It was never in witness' .vay, and he never heard anything about it.

To the Bench: Could not say who slept on the place the night before the police visited it. Was living regularly on the farm, Dii not tike any notice of the still. Never weot along the track round ' the ploughed land. James Matthewa and <■ Arthur Roberts ploughed. the land. . James Matthewa and Arthur Roberts Never saw Matthews'dray pass along the track except at ploughing time. R. McCormick, residing near the Matthews', recognised the pointß indicated on the plan. The ploughed land was about a mile away from the bouße. You' could see the ploughed land from the house. Used the road many a time for carting last year. Had takeo sbeep along it this year. Had had Joseph Matthews in his employ at a threshing machine. Joseph had not been living regularly at ths house. Used to go pretty often. The machine went to Matthews' to thresh the Friday before the arrest. saw the tin vessel in the stable. It would do well enough for boiling feed; anybody could see the thing. It stood at once in Hamilton's yard. To Mr White: Was on the land about four or five days ago. Do not kno* whether the gap in the fence would be of any public u- . Know Hamilton, He left after Christmas. Know he was imprisoned for having illicit whiskey iu the house. Never saw anything like this used for pig-feed. It would do well if the top was taken off. Joseph Matthews lives at Tengawai, near the Point. R. Baxter, of the farm of Baxter Bros., Waitohi, gave evidence as to the distance from the Matthews' house to the ploughed land. Witness had not seen such a thing as thejstill before. He saw something lik« it at Halswell some years before. He had, he believed, seen a still at Home. He never saw anything like this in New Zealand. He coald not Bay what the tin produced would be used for. It might do for a watering can. Anybody might go along that track and through the gap. Joseph Matthews, one of the accused, was then sworn, and gave evidence.

[We made arrangements for the balance of this report being telegraphed to us from Timuru, but somehow they miscarried. We understand, how eve' 1 , that Jumes Matthews was convicted, and at the request of his counsel a fine of £IOO was inflicted so as to allow of an appeal.]