“Charge of Keeping Liquor for Sale Dismissed in Court,” The Porcupine Advance (Timmins). April 4, 1940. Section 2, page 01.
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Magistrate Issues Warning to Accused.
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A charge of keeping liquor for sale against P. H. O’Gorman, was dismissed by Magistrate Atkinson in police court on Tuesday afternoon on the grounds that police did not actually find beer or liquor on the O’Gorman premises. ‘It may be an offense for an agent to give beer away but that is not selling.’ said Magistrate Atkinson. ‘Remember though, O’Gorman, you have been warned before by myself and police.’
Prior to the hearing of the O’Gorman charge three men who appeared as witnesses, pleaded guilty to charges of having beer in their possession illegally. They were Joseph Gauthier, William J. Edwards and C. Killeen. In each case the fine was $10 and costs. Police said that they stopped the three men on the street and found them in possession of beer. Gauthier had seven pints, Edwards was carrying three pints and Killeen, two.
Gauthier was called to the stand. He said that he got the beer at O’Gorman’s house on Kent Avenye. He was an old friend of O’Gorman’s. He and the other two men accompanying him went to O’Gorman’s and asked ‘Pat’ to come out for a drink or to take them to a place where they could get a drink at that hour: 1.30 a.m. O’Gorman told them he was tired but would give them the beer he had in the house. They left with a dozen pints.
Gauthier stated that he did not pay for the beer. He had had beer in the house before but never took it out.He ‘understood’ that O’Gorman was an agent for Walkerveille brewery.
Edwards and Kileen confirmed the testimony given by Gauthier. They both said that no money was given O’Gorman for the beer but that it was a gift.
Admitting that they found no beer when they raided later in the same morning, Police Sergeant Downey said that there was a card on the telephone in the house identifying O’Gorman as the Walkerville agent here.
‘No beer was found after all,’ said Magistrate Atkinson, ‘and if you don’t find beer you can’t technically say a man is keeping it for sale. You have to find liquor on the premises. I dismiss the charge on these grounds but I would hate to let these fellows think that I believe their stories.’
