the Walker street still conspiracy

The seizure of an illicit still at Walker street discloses a daring attempt to evade the law. It is a wonder how the construction of the still could have advanced without the neighbors knowing of its existence. The Collector of Customs, with Constable Cruickshanks (who made a most successful raid some time back upon a still at Silverstream) and another, found the stillhead and worm in a washhouse adjoining the house where Donnelly (who is a seaman, but who has been on shore for some time) resides. From the appearance of the still Constable Cruickshanks thinks that it had just been tested and found complete. A fire was smouldering under the boiler, and the apparatus was neatly constructed. The fence surrounding the washhouse was only 5ft high, and a person attracted by the peculiar odor which the "mash" emits could easily have seen the still.  -Evening Star, 28/6/1890.

THE DISTILLERY CONSPIRACY.

UNEXPECTED DEVELOPMENTS. 

Our readers will remember that a fortnight ago William Donnelly, a middle-aged man, said to have been formerly employed as a seaman, was charged at the City Police Court with having been found in possession of an unlicensed still at Walker street. The Collector of Customs adduced evidence to establish a prima facie case, and the hearing of the charge was then adjourned until nest Thursday. Mr Hanlon, who defended, said that his client explained his presence near the still in this way: He had been induced by a stranger to remove some furniture from a house in Walker street, had consented to do so, and had been taken by his companion to the washhouse where he was found by the police; that the stranger told him to attend to the fire until he completed his business; and that Donnelly, innocent of the purpose for which the still had been erected, was thus found in a compromising situation. Little importance was at first attached to his story, which the Customs officials laughed at, and of which the police were sceptical till their suspicions were aroused. Then more attention was paid to the assertions of Donnelly, who stoutly maintained his innocence. At last the police, owing to the exertions of Detectives Henderson, Maddern, and McGrath, and Constable Cruickshank, obtained information of an important nature, and following up the clue have unearthed what appears to be one of the meanest conspiracies ever arranged to deprive a man of his liberty, and at the same time to obtain a Government reward.

ELLIOT "OWNS UP." 

A PRECIOUS PAIR. 

INVERCARGILL, July 8. Sensational disclosures re. the distillery conspiracy were made at the Police Court to-day. Two men named Waters (alias Stewart) and Elliot have been in town for some days, Waters giving out that he was an exciseman. Their movements attracted the attention of the police, who have found out a deep laid plan for entrapping business people on charges of defrauding the Customs. Seeing a report in the papers of the Dunedin case, Detective Maddern concluded that these men were connected with the business. Inspector Hickson telegraphed for a description of the man whom Donnelly asserted had entrapped him, and the description supplied tallied with Elliot. The police here then discovered that an attempt had been made to repeat the Dunedin tactics. A house had been rented, and a boiler and stillhead procured; but the conspirators' arrangements were not quite completed when the schemers found the police on their track. Elliot left by the express train on Saturday morning, and Waters in the afternoon, both getting on at side stations. The former was arrested at Gore, and the latter at Dunedin. Elliot was brought up here this morning, and charged with having had in his possession certain materials for distilling purposes, and also with being connected with the Dunedin case. He pleaded guilty to both charges, and in reply to the Bench gave an extraordinary explanation of his connection with Waters. He said that he was engaged by a man who advertised in the Dunedin Evening Star, and gave him to understand that he was employed by the Customs to detect breaches of the law. He was bound to secrecy, and instructed to do simply as he was told. In Dunedin Waters ordered him to get a house with a boiler in it; not to give his name, but to pay a week's rent in advance. This he did, and the house was fitted up with a distilling apparatus. He told him that a merchant had a lot of things on which duty was unpaid, and he wanted to catch him. Under Waters's instructions, he (Elliot) brought a man to the house, who now turned out to be Donnelly. Re the Invercargill case, they were informed that a local merchant (Mr Hawson) had goods in his store on which duty was not paid, and to trap him they fitted up the house as already described, and intended to connect him with illicit distillation and then search the store for alleged contraband goods. Mr Rawson, R.M., said that if Elliot were the dupe of Waters he would probably be discharged, but if he were a party to a terrible conspiracy he would get a long term of imprisonment. After further explanations Elliot withdrew his plea of guilty in both cases, and was remanded to Dunedin to appear there on Thursday on the second charge, and till Monday at Invercargill on the first. He left by the express train to-day in charge of Detective Maddern. 

[The advertisement to which Elliot referred in his statement at Invercargill was inserted in our issue of the 10th ult., and was as follows: — "Wanted, young man (respectable, reliable), generally useful; new arrival preferred. Apply by letter only, enclosing references, W. Stewart, Eskbank, Castle street." — Ed. E.S.]

WATERS BEFORE THE MAGISTRATES. 

Upon his arrival from Invercargill Waters was arrested by Constable Cruickshank. His full name is Adam May Waters, and he was charged at the City Police Court with having, on or about June 25, conspired with one Adam Elliot for the purpose of causing the apprehension of William Donnelly for being in possession of an illicit still, the same being punishable by imprisonment or fine. Accused, who appeared to be about thirty-five years of age, and who was respectably dressed, was undefended. 

Inspector Moore said that from what he understood of the facts of the case it would appear that accused had been employed by the Customs Department to suppress illicit distillation throughout the colony, and for this purpose came to Dunedin. Then he took up with a mate, and the pair erected a still in Walker street. After that a man named Donnelly, whose case had been remanded, was spoken to by Elliot, who said he would get employment if lie wanted it. Donnelly was taken to a house at Walker street, where he was left in charge of the still. Elliot asked him to attend to the fire until he (Elliot) returned, as he was going out for a short time on a matter of business. Donnelly did so, was found by the police, and was charged with having an illicit still in his possession. It appeared to be a conspiracy between Waters and Elliot. A remand would be asked for until Thursday. Elliot was in the custody of the police, and would soon be in Dunedin. 

The Bench (to accused) : Have you any friends here?

Inspector Moore: I do not think he has, your Worships. He came to New Zealand from Victoria, and it is presumed that he entered into this conspiracy for the purpose of raising sufficient money to take him to Victoria. 

Accused: If I may be allowed to say so, that is not correct. I have some friends here. There is Mr Heffernan, who said he would go bail for me up to any amount. 

Inspector Moore: I understand that Mr Heffernan does not know anything about accused, your Worships. 

The Bench: The case is remanded until Thursday. Bail will be allowed — accused in his own recognisance of L200, and two sureties of L100 each.  -Evening Star, 8/7/1890.

The two alleged conspirators were charged that they “unlawfully and wickedly conspired, confederated, and agreed to erect, or cause to be erected, an unlicensed still, and with having caused William Donnelly to be found in possession of the same, and with having caused him to be apprehended and charged with having in his custody the still.”

THE STILL CASE.

THE CHARGE OF CONSPIRACY. 

John Kay Waters and Adam Elliot alias Stewart, charged that on or about the 25th June, at Dunedin, they unlawfully conspired to cause one William Donnelly to be apprehended for and charged with having in his possession an unlicensed still, that offence being punishable on conviction by fine or imprisonment, were again placed in the dock at the Police Court this morning, and the case resumed. 

Mr Haggitt appeared for the police; Mr Solomon defended Elliot; and Mr W. Macgregor defended Waters. 

His Worship said that he was quite willing to proceed with Elliot’s case first, and would sit until three o’clock for that purpose, if it were desired.

Mr Chamberlain said that he had intended going on with that case, as the charge had been hanging over Elliot’s head for some time. Mr Solomon said that they had arranged beforehand as to the course which it was proposed to pursue in connection with these charges. 

Mr Haggitt remarked that that was not the case; they had only decided as to the course which should be pursued in one case.

Mr Chamberlain intimated that he was quite agreeable to abide by the decision of Mr Haggitt. 

Mr Haggitt having said that he had looked up authorities as to whether he was right in his contention regarding the taking of evidence in a conspiracy case.

Mr Carew said that he, too, had consulted authorities, and had found that it was optional for the Judge to take or refuse such evidence. 

Mr Haggitt: That is so; I will now proceed to call evidence.

William Donnelly: I am a sailor by occupation, and was last employed on the Isabella Anderson. I was also on the s.s. Wakatipu. I know both the prisoners, in particular Elliot. He engaged me on the 23rd ult. It was on a Wednesday night, about a quarter to seven. I was standing opposite tho Grand Hotel. I was standing with a man called Jerry Quin and we were talking together when Elliot asked us if either of us wanted a job for an hour or two. He said it was to shift some furniture. He said: “My friend has gone for an express, but if he does not get it you’ll get paid all the same.” I walked with Elliot from Princes street to Walker street, when Elliot wanted me to have a glass of beer, which I did. He then told me that the place where the furniture was was in Walker street. We crossed over to the other side of the road and went up to the top of the street. I said “I have never been there before.” and Elliot said: “It’s a very quiet place.” He pointed out a cottage to me and said: “That’s the cottage where I want you to remove the furniture." We walked right up to the top of the street. He asked me if I was a sailor, and whether I had been to Cape Town, and when I said I had he replied that he had been there too. He talked about Cape Town and “Cape Smoke” (which is a sort of liquor), and then he said that I should have some lunch. I declined, but had another drink, and then we walked down the street. When we had proceeded some distance, Elliot said they would go back and light the fire in the boiler. We went up a right-of-way, and got to the back of the cottage. Elliot unlocked the door when we got into the yard, and we entered the house. He struck a match when we went in, and I asked him if he had any candles. He replied: “Oh, yes, we have plenty of candles,” and subsequently said “We’ll light the fire.” I took off my coat to light it, when he said; “Oh, you need not take off your coat; I’ll light the fire.” He placed some water in the boiler, and proceeded to light the fire. I handed him the wood. He lit the fire. I sat down with him on a bench. I said to him “This is a queer kind of arrangement this” (referring to the boiler); “I never seen one of them before.” He made no answer. I noticed a piece of paper hanging on the wall. I said “That was left by the last people in the house, I expect.” He said “No; it is only a doctor’s receipt.” After the fire began to go ahead he said “Well, I could drink a long beer now.” I said “Could you?” He said “I’ll go out  and see if these people are coming; it’s about time they were here now.” He looked at his watch, but did not tell me the time. He went out and stopped away about a quarter of an hour, and when he came back he fetched me a drop of beer. I had a drink, and handed it to him. He just tasted it and put it down, saying he did not care much for it, and told me to drink it up. I did so, and he went to take the bottle back and see if the people were coming. The beer had a little effect on me. I said “The old bottle’s no good.” It was an old porter bottle. He went away with the bottle, and left me the three keys produced. He said “If these people come while I am away give them this key.” He also told me to keep a good fire. That was the last I saw of him that night. About twenty minutes after he had gone three men came with a policeman. During that twenty minutes I was sitting on the bench and keeping the fire up. The boiler was in the same state when the men came as when Elliot left. One of the three men was Mr Chamberlain, and another was accused Waters. I don't see the third man here. That was the first time I had seen Waters. I knew nothing about distillation, and had never seen a still. I thought what they had was a new patent washing boiler, and could not make out how they got the water in and out of it. I was arrested and subsequently charged on the information of Mr Chamberlain with having .in unlicensed still and worm in my possession. I was released on bail on the 8th July, having been in custody at the gaol from the 25th June.

The Clerk of Court (Mr Ralfe) gave formal evidence as to the dates of hearing the charges against the last witness and the dates of remand. 

James Peter Quin, fireman; I knew Donnelly by the name of “Dublin.'' I was standing with him on the 25th June in front of the Grand Hotel, when Elliot came and asked; “Does ere a one of you chaps want a job for a couple of hours to shift some furniture?” Both of us said “Yes.” Donnelly said “All right, I’ll go.” They went away together. I asked Elliot if he could not take the two of us; and he said “No, one is enough.” That was the last I saw of them until Donnelly was in custody. 

Randolph G. Creagh: On the 23th June last I was employed temporarily in the evening at the Apollo Hotel, corner of Walker and Maitland streets. I do not recognise either of the prisoners. A man came in and purchased a bottle of Strachan’s beer that evening. I drew the cork for him and he took it away. That was between eight o’clock and half-past. I did not ask that the bottle be returned. It was not returned. I was in the bar from seven o’clock till twenty minutes to nine. That was the only bottle of bottled beer I sold in that time. The buyer paid for it. 

John Christie, plumber: I recognise accused Elliot. He came to my shop on either the 22nd or 23rd of last month, and wanted a lid made. He had a sketch of the kind of lid he wanted. The one produced was the one I made, but it has been altered. He did not say what he wanted it for, and I did not ask him. He gave the name of Johnson. He called for it, I think, on the same day, and took it away. 

Robert Walker, plumber: Elliot came to my shop about the 20th of June and wanted some tubes made. He had a sketch of what he wanted, and I copied this on the slate, I made six separate pieces of tubing, three being like those produced. He did not say what they were for. He came next day, paid for them, and took them away. 

James Couston, plumber: Elliot came to my shop on the 24th June and asked to see some piping. I showed him some lead and some composition piping. He did not seem to know well what he wanted, nor which pipe he wanted. I told him the 2-inch lead pipe was used for high-pressure water, and the composition pipe for water where there was not so much pressure. He said he would see and went away, and came back again in two or three hours and said the composition pipe would do for what he wanted. I cut off ten or twelve feet, and he took it away with him. I think he bought a union, but am not sure. The piping was of the same kind as now produced, but it was in a coil when sold and had no union.

To Mr Macgregor: I supposed the man did not understand what sort of pipe would suit him.

Robert Fleming, cooper: I think I recognise Elliot, but I am not very sure. I sold the cask produced to Elliot, or a man very like him, on the 25th June. 

To Mr Solomon: He said he wanted a cheap cask; any old one would do, so long as it would hold water. 

C. W. S. Chamberlain, recalled: It was a few minutes after nine that I met Waters on the evening of the 25th June. It was in Walker street. I was not quite punctual to my appointment, having had to wait for the constable. The appointment with Waters was for nine o’clock. I had a conversation with Waters, in which the name of Otto, the plumber, was mentioned. It was subsequent to the seizure; the next day, I think. Waters remarked to the effect that no doubt I thought it strange that he could come down here and find a still when neither the police nor the Customs could do so. I said as it was all over now I should be glad to hear exactly how he dropped on the Walker street still. He said that he was waiting at the corner of the street one night for a man who was to give him some information about another matter. He said it was on the Monday previous to the seizure. He said he saw a boy come off Otto’s verandah, carrying a paper parcel. He said: "I thought to myself, wouldn’t it be odd if there was a still in that parcel?” I forget whether he said a still or a still head. He said he got into conversation with the boy by asking him the way to some place where he was working, and other questions. The boy told him he was in Otto’s employment. He wished the boy good-night, and followed him to the house in Walker street to which he subsequently took me, and where we found the still. That was all that passed. 

To Mr Solomon: Waters never told me he had been advertising for assistants. 

Mr Haggitt: Will you tell me, Mr Chamberlain, whether it is the practice of the Customs Department to give rewards for the discovery of stills? 

Mr Macgregor: How is that evidence? 

His Worship: It may show motive. 

Witness: It is the practice. There is an advertised scale of rewards varying according to the importance of the seizure and the amount of penalty on conviction.

To Mr Solomon: Waters came here as an accredited agent of the Government for the purpose of discovering illicit distilling and stills, and ultimately he led me to the still in Walker street. 

Mr Solomon: From his first connection with you up to the time you found this still, did he give anyone credit for discovering the still but himself? 

Witness: No. You are referring to Walker street? 

Mr Solomon: Yes. 

Witness: No, certainly not. 

John Otto, plumber: I do not recognise either of the accused. I have not had a boy in my employment for the last two years. I did not make any part of the apparatus produced.

Daniel Hughes, dealer in coal and firewood: Elliot very much resembles a person who came to my place to purchase firewood about the end of last month. He ordered a small quantity of kindling to be sent to the fourth house from the top of Walker street. I went with it and some shavings, and found the gate nailed up, and put them over the fence. 

Detective Maddern: I arrested Elliot at Gore at noon on the 7th inst., and charged him with having a still in Invercargill. He said “I’m a Customs officer myself.” I replied “We'll see about that." He was going to produce some letters, but I said “I’ll see the letters presently at the lockup.” He said “If I’m to be trapped the principal will be trapped.” I asked him who the principal was, and he answered Waters. I said “The police are on his track, and he’ll soon be safe.” Then I charged him with having an unlicensed still in Walker street on the 23th June, and also having trapped an innocent man. He said: “When I went out to get Donnelly, Waters went to get Frank Meenan, a merchant, as he had caught his (Meenan’s) brother in Queensland.” Elliot said “I saw by the ‘Daily Times’ that Donnelly was the only man who was caught, and I then told Waters I would not do anything further.” I said “When you saw that going on you should have spoken of it. You tried the same thing on in Invercargill, but was spoilt.” He said that Waters told him to go down to the Royal Hotel at Invercargill and he could get any man there, as Waters was going to gel Mr Hawson, merchant, in Tay street, and Elliot said he refused. I said that was nonsense, as at the time Waters and Mr Carrie were going to seize a still on Friday night there was a man in the house, and they would have seized it if it had not been for the information that Waters got. I also told him that I had seen Waters with him on Saturday morning at eleven o’clock, and it appeared that both of them had cleared out. Elliot produced the letters I now produce, and said that he would show that he had been employed five years in a brewery at Home. He said he had been trapped the same as Donnelly had been. I said “That may be; but you knew Donnelly was being trapped innocently and you should have spoken about it." He said Waters told him they wanted to trap the other man for having contraband goods. I said “You trapped Donnelly innocently, and it was not your fault another man was not taken at Invercargill.” I said to Elliot in the course of conversation; “I had intended you to trap a man at Invercargill. I had been watching him for days, and was put away.” Elliot and Waters arrived by the same train at Invercargill — Waters got out of a first-class carriage and Elliot out of a second-class. That was on the 27th June. The first time I saw them together was on the 1st July. Then I was out of town for a couple of days, and saw them together on the 4th. On that day I went to the Prince of Wales Hotel, and found a parcel containing two nozzles or bits of tubing that would fit on to the tubing produced. The parcel was in the room occupied by Waters. In the same room there was a Gladstone bag belonging to Waters. His name was on it, and I afterwards saw it in his possession. I unlocked the bag, and in it found the neck of a still like the one produced, but smaller. I locked the bag up and walked away, leaving the tubes and the neck behind. I went back to the hotel in the afternoon, and the two pieces of piping were still there. I passed accused, who were together, the same evening. From something I heard I went to the hotel again next morning, and found that the tubes and the neck were gone. I saw accused together the same morning, and that was the last I saw of Elliot until seeing him at Gore I then went back to the hotel and saw Waters, who was on the Invercargill Railway Station at ten minutes to four. He passed through the ticket office, and then went in the direction of the station at the town boundary.

Constable Cruickshank: I arrested Waters on the 7th in the telegraph office. I afterwards went to his lodgings and found in his travelling bag two books on distillation, a copy of the Distillation Act, a schedule of rewards offered by the Customs, a book giving areas of circles — used by distillers, a book giving recipes for rectifying spirits, a quantity of correspondence between accused and Mr McKellar, a letter addressed to the Secretary of Customs, a newspaper cutting of schedule of rewards offered at Brisbane for the discovery of illicit distillation, a sample of malt in a bottle, and some advertising cards. Witness then detailed at length the particulars of his visit with Mr Chamberlain to the house in Walker street. 

Accused were committed for trial.

Donnelly, who was originally charged with having the still in his possession, was then formally called on and discharged; and it was arranged that the other cases should stand over until Thursday.  -Evening Star, 22/7/1890.

The subsequent trial featured much the same evidence as the committal trial above, but does include the detail that Constable Cruikshank, described as "a distiller by trade" (maybe as well as, or before, becoming a policeman) being the only person who saw that the "Walker Street still" was an elaborate fake.

The mention of the fourth house from the top means I must make a visit to the area soon.

The Crown Prosecutor, in his opening speech to the jury, concluded with:

...they could draw their own conclusion whether the thing was not concocted to have an innocent man (Donnelly) found in possession. They could not expect in a charge of conspiracy that anybody could hear two men agree together to do certain acts; they must be satisfied to take evidence of the acts they had done, and set their judgment to work to form a conclusion from those acts as to whether the facts of these various things, both together and separately, did not lead their minds to the conclusion that the finding of the still was aimed at by both these men. He concluded by pointing out that the object was that the men might get a reward offered in connection with the discovery of illicit distillation.  -Evening Star, 4/9/1890.

TELEGRAMS

By Electric Telegraph — Per Press Association

 DUNEDIN September 4,

At the Supreme Court to-day John Ray Waters and Adam Elliott, alias Stewart, pleaded not guilty to an indictment charging them with conspiracy. Their case arose out of the discovery of an illicit still in Walker street in which a man named Donnelly was found in custody, having been placed there by Elliot, while Waters informed the Commissioner of Customs. The two men afterwards went to Invercargill, where apparently the same tactics were to have been pursued. Both were found guilty, but the jury recommenced Elliott to mercy. Justice Williams sentenced Waters to two years imprisonment, and expressed a regret that be could not make it a heavier sentence. Elliott was sentenced to six months imprisonment.  -Colonist, 5/9/1890.

A few days later, Adam Elliott was sentenced to a further month's imprisonment for being in possession of an unlicensed still.  Which is strange, as Constable Cruikshank gave evidence that the still in question was a fake, although it was producing distilled water when William Donnelly was arrested.