R.M. COURT.

Wairarapa Daily Times, Volume IX, Issue 2932, 23 June 1888, Page 2

R.M. COURT.

MASTEETON-THURSDAY.

(Before Mr You Slurmer, R.M.)

An Illicit Still.

(Ooniinvcd)

After corroboratory evidence as to the seizure had been given by Constables Collerton and Eccleton, Mr Pownall, for the defence, called the accused, Wm. Riddle, sworn, said all that lie knew of the matter was that lie returned home from Masterton on the day preceding the seizure. The. following morning the canstable called at his house and read a warrant to search his premises for a head and worm and other appliances in connection with distillery purposes. He went with the constables and showed them round his premises. He said in a jolce to them, "Why did you not wait until it was all in working order." Tliey proceeded to the piggery, and Constable Eccleton jumped overim. mediately, pulled away a board, and found the worm and head produced. They only made a pretence of searching the rest of the premises. He called two witnesses to look at the things found, They were wet as if they had been out in the frost all night and had just been placed in the stye. The things were also clean, ami that could not have been the case if they had been there any length of time, as the pigs would have rooted them into the mud. Cross-examined by Mr Beard: He knew nothing of the Constables business until Constable Darby read the warrant to him. Several people were staying at his house that night. Trioker was not at the house. He had just sold a property to Burling who was at his house that night. Everything was completed for the sale except the signatures. Horsford was a boarder who was engaged during the day poisoning at Vallances." He had never seen the worm and head before they were taken out of his pigstye. Why he hesitated before-swearing when that question was asked was because he wanted to be sure of what lie was swearing. He had never had had anything to do with the working of a distillery. The door of the pigstye faced the river and if the things had been thrown into the river it would be very difficult for any one to recover them especially during a flood. There W,ere two pigs in the stye, and he said to Constable Darby when he was about to enter the stye Look out for the boar," Hp did not know at what hour pigs " went to roost," as he never waited up to see. Hedid not call to Burling and Horsford who were standing at the door until the things were found, and then he shouted "Come down here," and on their arrival, lie said to both " I want you to take notice that both that head and worm are perfectly clean and wet." Burling said " If I am to be a witness in this, I want to See the exact position they were in," and Constablp Darby placed th ( em back in jibe stye after some demur. He djd not remember what Horsford said, Re-examined by Mr Pownall: The stye was open ai)i| accessible to any Qi)e, If the worn? fu}d JieatJ had been in the stye for any length of time lie should think that the pigs would quickly roiit them out, There was a regular track along the river bank. Ho went down to the opening in the fence half an hour after the seizure and found tracks of footsteps. By Mr Beard: As soon as Constable Eccleton fetched the things out witness said " That's the man that put them there," meaning the Constable. Hp did not point out the footsteps to (Jo)i§tsblc Eccleton at the opening, but told his \yifo tq see which way the tracks want. Samuel Horsford station hand residing at Taueru sworn said he recognised the worm and head as the same to which Mr Riddle had drawn his attention in the presence of .Constable Darby and Eccleton. The articles were quite clean and wet as if they had been washed recently or Jajd out in the dew. No .(fet marks were on them. He most particularly noticed the head and remarked to Burling that it was remarkably clean as if for kit inspection. There was a thin streak of mud 0!) (life heat} as jf it lfad been lying on its side. Witness remarked in the presence of the constables •' these things look remarkably clean, say »Qthjug," dross-examined by Mr Beard; The articles were replied oi> the right of the stye by the Constable. Ejddle called him and Burling to come down to the stye. On arrival he said to them " I want you two to witness the condition of these things." He (witness) made the rpmark ' say nothing,' with' the idea that there was something strange about them. Nobody referred to the articles found by name till afterwards, an hour or so, in the diiiing rooifl. feeing tlje policemen

sion made lnmsay "say nothing." Mr Burling called his attention to some footmarks at the opening of the fence, Neary was present then. He recognised the articles found by certain marks on them. The head was j wet outside, and perfectly dry inside. He did not see Burling lift the things.

Re-examined by Mr Pownall: The constable never left Eiddle when they went to the pig-stye William MoLeod sworn, said, when asked his occupation, "It would be very hard to tell you what I am. You would hardly credit it if I did tell you, I was poisoning last at Akitio." Witness, after examining the head and worm produced in Court, said," It looks very like one I have seen before, I have seen lots of thera. There are two dents in the neck that look very like what I have seen before. I cannot enlighten you upon Mr Riddle having them in his possession. I cannot swear I have seen those articles before, but some time ago I saw some things very lite them. (Laughter.) I couM not say they were in Riddle's possession. I would not like to say anything that would criminate myself. I can swear (excitedly) that I did not put those things in Mr Kiddle's premises."

The Bench: How long ago is it since you last saw those things 1 Witness (hesitatingly): It would be about five weeks ago when they might have been in my possession. To Mr Pownall: I would be sorry 'to criminate Mr Riddle or any other man. He never asked me for anything of the sort, and I did not put the things there. I did know the things were there. I could have believed the things were somewhere else. I was not near Riddle's house since 80th January within eight miles. At one time if I had been offered 80s for certain articles (pointing to the plant) I should have taken it, as I had nothing in my pocket and was hard up. I did not get the chance, however. I thought the police were after me, and if they hid been I can tell you the police would not get me unless I liked. (Laughter.) I heard with surprise that Riddle was charged and came in to swear that I had never put the tilings there, nor had anything to do with his being in custody, I had a plant exactly similar to tlioso produced in my possession at one time.

Cross-examined by Mr Beard: 1 might have had a conversation with Mr Riddle, I could not swear that the worm was the same as Iliad. They are all much alike, aud the man who made that one is the same whc makes the lot in the Wairarapa, (Laughter, which was quickly suppressed, the Bench threatening for tlu second time to have the Court cleared).

By Mr Pownall: Mr Eiddle had no interest in the affair that I had in hand but he knew of it. lam on my oath, and you force me to say these things against the interests of your client."

Re-examined by Mr Beard: " Mai and hops were obtained indirectly through Mr Eiddle.

To Mr Pownall: " You have been trying to draw out of me information which is against your client.!' Edward Yennel, manager of Bank View station, deposed that he had seen a worm and head similar to the ones produced, in the possession of McLeod|on the Ist of June last. Cross-examined by Mr Beard,: McLeod was in the men's wliare at Bank View station, aud was going through. He wanted to pack those things. Witness would swear that the things produced were the first he had ever seen of such articles. He did , not know- that the things were used in distilling, He declined to say whether he had packed any thing in connection with a distillery. He had lent horses but did not know that malt, hops or sugar were to be Goiiyeyec] by thorn, He himself had never packed any of those articles mentioned nor received them from Eiddle,

Charles King, station-hand at Bankview, deposed that he had seen the articles produced in the possession of Mcleod. He had never seen malt or such things packed. • Saw the things produced at the wliare. McLeod brought them at night and said when he left that he meant to take the back line past Wardell's into Masterton, Cross-examined by Mr Beard: McLeod offered to sell him tha worm but" lie declined, MLeod had tea at the wliare andthei) witness gave linn some hay at the request of Mcleod to pack the worm aud head to keep it from rattling about when on the horse. He was (jnite famijar with distillery plants jl) the West lijdies. His attention was drawn to oertqin marks on the plant lie saw at the wliare. Mqlieod did not mention Riddles name nor in any way allude to him in conversation.

Jn answer to the Bench witness said MflLfiod told him tho things cost liim £2O as they stood, and he could have them for five notes. Stephen Neary, bootmaker Taueru, deposed that lie lived in one of Riddle's houses.' He had frequently seen McLeijd at Riddle's but not since December last. He never saw malt or barley in Riddle's store. Witness had a workshop in Riddle's premises which Riddle also used as a general store, McLeod made a point of calling on him (witness), when lie came to Riddle's. Witness saw the worm and head produced in the possession of McLeod, nearly twelve months ago, shortly after McDernjott was convicted JlcLeod said his instructions were to jjury the things in a ploughed padi dock belonging to Riddle and witness persauded him not to, saying it would implicate Mr Riddle and he had better leave them where they then were, (jrqss-expinedby Mr Beard; The things were buried in the creek nboqt 150 yards from Jlacderniott's place. The things were left with him [witness] afterwards for a month, and he kept them at the house, Prom Rifle's house to where witness lived wits three-quarters of a mile, The things left his premises in December, He had carted things from Riddles p?vt of the way to McLeods about twelve miles. He had done that as ai| obligement, and he v/ould oblige Mr McLeod, qr Mr Riddle at any timp if he saw them in a hqle. Riddle jieyer told witness to take the things, McLeqd told him what things to ttfe, They were k th? xm in

which he worked on Riddle's premises but Riddle said nothing to him about the things, To Mr Beard: He did not feed Kiddie's pigs, He had not come down to that.

To the Bench: He had seen the opening in the fence referred to, and noticed several tracks. He saw two strange footmarks which did not belong to the Taueru. ■ ' William James Burling, sworn said he was a boarding-house keeper at Whareama. He was recently in negotiation with Mrßiddle about aproperty. Was in Masterton the day before the seizure with Riddle. He never saw anything of the kind before as a worm and head. If they had been brought into Kiddle's premises lie thought he should have seen them as he was with defendant .constantly for three or four days at that time. He was called to see those things by Riddle and went down to the pigstye where the Constables were. Riddle asked him to take notice of the things. He asked that they should be replaced in the position in which they were found. That was done, and he remarked upon the strangeness of the circumstance that the things were wet and also clean.

Cross-examined by Mr Beard. Could not swear to the things except fronv their general appearance. The mud upon the things produced was of the nature of the mud in the stye. Riddle called to him and Horsford and asked him to witness the things. He did not allude to them as a worm and still-head. The things were put back by one of the constables, Any one could see the things from the opposite side of the stye if they were inside. Did not know much about the grounds. He was in bed when the constables came.

Re examined by Mr Pownall: The things must have been in water or lying in the dew all night. Had the things been lying in the stye for any time the pigs would have routed them out, He knew the habits of pigs, and any strange thing put into their stye would be certain to attract their attention and be overhauled ty them and rolled in the mud, He did not know McLeod. He sat up with Biddle that night to 11 o'clock and they both retired to bed at the same time.' This concluded the evidence.

In giving judgment, His worship said the Act held the person liable upon whose premises distilling plant was found. He recognised the difficulties Counsel for the defence had to contend with in the present case, and ackno wledgedthe skill and ability which lie had displayed, The prosecution had proved everything it had attempted to do—the-finding of the plant upon the premises of the accused, .The evidence of defendant's own witnesses had gone further than the prosecution, and had even gone so far as to identify Riddla with distillation, Several of the witnesses for the defence had contradicted each other. Horsford's evidence did not

tally with Burling's as to the marks upon the plant when found, Burling had given his evidence in a straightforward manner. From the evidence and conduct of the witnesses for the defence he was of opinion that accused was cognisant of the existence of the plant. He found him guilty of the charge and should inflict upon him a fine of £75 to be paid forthwith, or sufficient security given for its payment. In default imprisonment ill the Wellington gaol for the space of six calendar months.

The money was deposited and notic of appeal given.