RESIDENT MAGISTRATE'S COURT, CHARLESTON.

Westport Times, Volume II, Issue 283, 27 June 1868, Page 7

RESIDENT MAGISTRATE'S COURT, CHARLESTON.

"Wednesday, 24t. June, 1868. (Before C. Broad, Esq., R. M.) PROSECUTION" UNDER THE CUSTOMS ACT. Philip Roouey, appeared on remand, to answer to an, information charging

him with having illipit spirits 011 hia premises ; concealing the same, and obstructing Mr Brewer, and inspector Franklyn, Customs officers, in the discharge of their duty. Mr Pitt appeared to conduct the prosecution and the defendant, was represented by Mr Tyler, and it was arranged to deal with all the information at one, and at the same time, In concluding his opening speech Mr Pitt remarked, that in consequence of the increase ot illicit distillation the Gov* eminent had determined to take energetic measures for its suppression, and he was instructed, in this case to press for the highest penalty the law would allow. The first witness examined, was Inspector Eranklyn, who deposed as follows—l am Inspector of Police, and a Custom House Officer. Between 11 and 12 on Saturday evening last, I went to the defendant Rooneys house, in company with Mr Brewer, Sergeawt Kiley, the latter was looking for an offender. Rooney showed us over the house, and at my request took us to the cellar door unlocked it, struck a match and the Sergeant lighted a candle and we all entered. I saw a tvro gallon keg with the bung out and tooft it up, smelt the contents and put it down again, Rooney made no objection. I caught sight of another keg of five gallons with a tap in it and some red seal on the bung. Another was standing in front of it, I exclaimed I had seen one like it before on the same day, and I asked Rooney to let me have a look at it. I had the same day seized a similar keg_ at Brighton containing illicit spirits. Rooney said I should not touch it. I reminded him we were Customs Officers, and pointed out Mr Brewer, who was in uniform. I told him I believed the keg contained illicit spirits, and claimed to look at it. He refused to let me, and on my attempting to take it he put his hands on me and pushed me away. This happened more than once, and seeing there was no chance of getting peaceable possession, I gave him in charge. Defendant resisted. I then tasted the spirits, and found it was in all respects similar to some I had tasted that day at Brighton, in an illicit still. The keg of spirits was here produced, and the bung being drawn, and contents tasted, the witness said it was the same. I subsequently took the beg into Rooney's liotel, and Mt Brown tasted the contents and found it to be 10. 0.p., The keg was then sealed up and taken to the camp. Cross-examined by Mr Tyler. —Was appointed a Customs officer by Mr. Munday, officer in charge of Customs at Westport. Held no appointment from the G-overnor. His Worship ruled that it was sufficient for a witness to say on oath that hewas an officer of Customs, without being required to produce written authority. Cross-examination continued.—Had no search warrant. Was present at the request of Mr Brewer, who held a writ of assistance. The writ of assistance was not produced to Mr Rooney, he did not ask for it.

Being pressed on the point, the witness recollected pouring some spirits out of the first keg> and spilling some. Was not a spirit drinker, but was of opinion the spirits seized, were the produce of illicit distillation. Could not however swear that it was, or that the duty had not been paid thereon. Henry William. Brewer, officer 111 charge of Customs at the port of Brighton, said,—From information received he proceeded to Booney's accompanied by Inspector Franklyn and Sergeant Kiley, and after looking through the house went below to the cellar. Inspector Franklyn took up a keg, and poured seme of the contents into a tumbler. He then wished to inspect another keg, but the defendant would not allow him to do bo. The inspector told defendant they were officers of customs. Ou witness expressing a wish to see the contents ©f the keg, Inspector Franklyn attempted to get hold of it but was pushed aside by defendant more than once. The spirit produced is the same that was seized, and he believed the same to be illicit. Cross-examined—Have no distinct authority from the Governor to seize illicit spirits. Did not read the writ of assistance to defendant, or show it to him as he did not ask for it. Could not swear that the spirit seized was of illicit manufacture, or that the duty had not been paid thereon. Sergeant .Kiley and Constable Bigbye gave evidence corroborative of that of the two previous witnesses. Mary G-riffin, barmaid,was examined, but without any new fact being elicited. Mr Tyler called no witnesses for the defence, but submitted that the Crown had no case, inasmuch as neither Brewer or Franklyn wera possessed