BEATING THE CUSTOMS.

Gisborne Times, Volume XXIX, Issue 3246, 16 June 1911, Page 2

BEATING THE CUSTOMS.

SMUGGLER CAUGHT RED-HANDED

THE PITCHER THAT BROKE.

A SUBSTANTIAL PENALTY

[SPECIAL TO TIMES.] AUCKLAND, June 15. The gocd old custom of smuggling troods is evidently n'ot dead, and some shipmasters at least have been carrying on. a lucrative business in evading the customs. These officers of the law have -had theiiv-eyes on one ship, with the result that on Tuesday the barquentine Volador, from Sydney, was boarded at Kaipara, where a. big haul of uncustomed goods were found concealed. Thi s morning the master of the vessel, Walter Robert Delmer, appeared at’th© Auckland Police Court, before Air E. C. .Cutten, S.M., charged on two counts, on ’the information of the Customs Department. The first of these was that on the 12th of June at Kaipara, in the matter relating to the customs, he did make and subscribe a false declaration purporting to be a just report of the ship Volador and her lading, the same being false and untrue. and the second that, at Kaipara, he did knowingly harbor, keep and conceal on board the British ship Volador, 'certain uncustomed goods. The goods found on board the ship comprised 441bs of Derby tobacco, 2 boxes Melrose cigarette tobacco, ten gallons of wine. 5 gallons whisky. 5 gallons brandy, 51bs Havelock tobacco, 1000 cigars, 6 bottles euracoa, and 6 bottles caporic punch, and the assessed value put on them was £55 4s.

The barquentine Volador is a shin of 197 tons, and is the property of Pike and Co..* Ltd., Sydney, and has been emnloyed in trading between Australia and New Zealand ports. Ths Captain's Confession.

Mr H. Selwyn Mays appeared for the prosecution and Mr M. G. McGregor for the defendant, who pleaded guilty to botli charges and put in a statement to the effect that he had made no declaration as to the goc-ds stored on the ship.

The whisky and wine were stowed a wav amongst the ballast, the tobacco was secreted down the casing of the pump, and the cigars and punch were also amongst the coal. When he understood that the customs officers were going to make a thorough search of the vessel he disclosed the whereabouts of the smuggled articles. Further, the confession- states that there was no duty paid on the whisky in Australia, _ .although it was not under bond, neither was duty paid on the tobacco, but he did not * know about the cigars which were given him to destroy. He had no fixed intention as to the disposal of the goods but- on, the last trio in Sydney he smuggled 15 gallons of whisky. In exoneration of the other members of the crew.', and the owners of the vessel defendant said that he alone was responsible for the smuggling. No Mitigating Circumstances.

The penalties to which accused had made himself liable were fines not exceeding £IOO on each charge, and Mr Mays- submitted that in this case there were no grounds for a reduction or the

His Worship said he remembered that within the last six months he had liad to deal with two cases of smuggling on ships trading to Australia, the Brisbane and the Houtu, and this wafi a deliberate case and the master in- Ins own account showed that not only had he been in New Zealand, but also Australia? This was no sudden catch on the oa-rt of the Customs, as a careful watch liad been set on the slop for some time Tliev did not like to see a man getting from £l6 to £2O a month faced with a £2OO fine, but. the customs law demanded it. and seeing that this was a similar case to the other tv , there could be no sympathy and he u as afraid the pitcher had gone to the veil once too often.

The Owner's Point. Mr McGregor said that lie did not ask for any sympathy on behalf of the master, but he was there to put the case from the owner s standpoint. D - fendnnt was receiving £l6 a. month, and had no means of his own. lne customs unfortunately looked to the ship for whatever fine was imposed, and it the master could not pay it the slup would have to remain .here. It was not suggested that the, ship owners liaa anything to do with the smuggling, their reputation, being absolutely clean, and defendant = had apparently .been conducting the liquor to give away to friends or to barter, and whatever he made went into his own pockets.. It ho could, .pay the fine it would bo uglit* that he should suffer, but as he had no means he (Mr McGregor) thought that the matter should be looked at from the owners’ point of view, and a fine imposed that could be worked off by the defendant. Defendant was given a good character by the owners, but as regards: honesty in respect to the customs law they had to take a risk and trust that he would not bring the ship within the reach, of .the law. As far as the two charges went one was only arising out of I the other, and one fine should be., sufficient 1 to meet tlie case. Whatever fine would have to be paid‘ : by the owners, and it would be doubtful if they would get a return, because when -one had a servant working what was known as “a dead, horse, they did not get much satisfaction from him. . . Mr Mays: I can tell your worship that we can forfeit that ship altogether, but we are not going to take that course.. Although the two charges might arise out of one set of facts, there have been two separate offences committed. Maximum Fines.

The maximum fine of £IOO was imposed on each charge, but His Worship, taking into consideration the point raised by Mr McGregor, reduced the fin© on the charge of making a false declaration to £2-5.