LIQUOR CASES.

Gisborne Times, Volume XXVII, Issue 2438, 1 March 1909, Page 6

LIQUOR CASES.

BREWING AND SELLING WITHOUT LICENSE.

At the Magistrate’s Court on Saturday morning, before Air. W. A. Barton, S.AL, two men, named John Gallagher and William Pollard, were charged with carrying on the business of a brewer without a license, and also 'with selling liquor without a license at Waihuka Valley on December 24.

Mr. J, W. Nolan, Crown prosecutor, appeared for iho Customs Department in the charges of illegal brewing, while in the charges of selling Sergeant Hutton conducted the prosecution. Both defendants, for whom Air. Barnard appeared, pleaded guilty. Mr. Nolan said that defendant Gallagher was brewing and selling hop beer to the railway men. Tlie Act only allowed'for 3 per cent, of alcohol in hop beer, but that which defendant was manufacturing contained 6.39 per cent. Mr. Burnard said the" facts were admitted. He pointed out, however, that there was nothing known a gain.: t defendant, who had acted in ignorance of the law. v ’ . .

Constable Doyle, in reply to the Bench, said he had told defendant lie was not to sell without >a license, and defendant applied for a license, but went on selling. His Worship said that in the matter of brewing without a license it was evident the offence was committed in ignorance of the 'law, but that was no excuse. He would not, however, inflict a heavy penalty, but would impose tho minimum fine of £lO, and costs 19s, in default 30 days’ imprisonment. Referring to the charge of selling liquor preferred against Gallagher, His Worship said it was in a somewhat different position. ' Defendant was warned not -to sell without a license. A fine of £1 and costs 7s, in default ..four days’ imprisonment, was imposed. The sentences to be cumu- . lative. . , ’ - ■ • In the case of Pollard, Mr. Aolan said defendant had been convicted for the same offence at Ra.urimu. It appeared he was in the habit of following railway catnips and carrying on this business. ... ' : iSergent Hutton said it -was only since defendant had come to Gisborne -that the fine imposed at Raurimu was recovered. • , , , , His Worship said defendant aippaientiy committed the offence. with his eyes oj>en. fie would therefore . have

.o inflict a heavier penalty. DefendIht would be -fined £2O and costs Us; :i default two months’ imprisonment .or not having a brewer’s license, and 02 and costs 7s, in default seven days’ mprisonment, for selling without a ''license. The sentences to be cumulative. ( -