The North Eastern Ensign at KellyGang 22/9/1874

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Miller v Mary Jane Cain alias Flannagan.-The complaint, who is the Shire Revenue Officer, stated that on Wednesday,- the 2nd September, the young woman served him with a nobbler gin, in a house, called the Travellers' Home at Benalla; he paid 6d. for it, and she told him at the time they had no license to sell just then; but still he could have anything he required.

For the defence, the mother and sister of defendant were called; the former stating that no spirits were kept in the house, and the sister said she was in the bedroom adjoining that in which the informant stated he was served with grog; she heard the conversation between him and the defendant, but she was certain no grog had been served.--His Worship then recalled Miller and asked if he had taken his usual notes of the circumstances.-Miller said he did,-and producing his note hook, read out almost word for word the facts and description of the place as given in his evidence, which showed that the gin had been fetched in a square bottle from the same room in which the sister swore she had been at the time. He further stated he had seen the mother in the kitchen when lighting his pipe, but did not believe the sister was on the premises at all. His notes concluded with a full description of defendant, who was there described as being stout, fair, middling height, and rather good looking, which he red out in a serious, descriptive tone, amidst the laughter of the whole court, his Worship included.-After such concise testimony, the Bench said they had no option but to fine. defendant £5, and 15s. costs. If the witnesses had spoken the truth and could prove it they had a remedy by indicting Miller for perjury.

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