MAGISTERIAL.

Ashburton Guardian, Volume XXXV, Issue 9140, 14 May 1915, Page 4

MAGISTERIAL.

THIS DAY.

(B|>foro Mr V. (t. !>«>'/ S.M.)

Theft by Juvoniloa.

Three juvenile oli'eiidors, for whom Mr Kennedy iippmired, \u-.iv. severally charged with uteiiJbig:.from tho Com-nten-'inl wunplo room So. 4, -Belgian badges, toys, and pocket-knives oi a totiil vftlm.'of 10k ',kl. The offence took placo on April 25. i A pica of guilty was entered, and ,tho I case was adjourned for six months to m«o how tho boys behaved in the meantime. Tho lads received n. severe admonition from the Magistrate. Drunkenness and Breach of Order. William Allen (Mr Buchanan) was charged with drunkenness and with a broach, of si prohibition order. Accused pleaded 'guilty. In order to give Allen another chance the Bench adjourned both charges for the Magistrate adjourned both charges for three months. Ho said Allen was Sly GrogrSelling: A £50 Fine: Frank Bull and Martha Bull, two Allenton residents,; were charged with keeping grog. for. sale without having a license authorising tHem to do.so. Mr Buchanan; who. appeared for both the accused, said that tho defendant Martha Bull pleaded guilty, and Frank Bull not guilty. He did not know if. the police would go on with the case against Frank Bull in that event, as only one sale had taken place, and then Frank Bull had not been in the house. In regard to the charge already heard by the Bench against a boy of 14 years for drunkenness, he would like to clear Martha Bull of any suspicion that she had supplied liquor to that lad. A taxi-cab had gone up to the house, and the lad had been inside the "taxi," but the female Vleiendant had not had the faintest idea that any liquor was intended to go to the lad. In Mrs Bull's ease. Mr Buchanan asked for considerate treatment.

Senior-Sergeant Emerson haid the sly grog, business had boon going on for at least two years. The evidence which he could bring to bear on the case was of such a nature that-the full penalty of tho law should be applied. Tho taxi-cab driver (a young man) had taken the boy of 14 years up to Bull's house. The boy had a £V note, which lie handed to the. taxi-cab driver. The latter, went into the kitohon of Bull's house and asked for a bottle of whisky. Ho was . given it without the female defendant asking any questions whatever. Soon after tho "taxi" left the house the bottle of whisky was opened and the lad got hold of it. With another lad, he had finished the contents of the bottle. Tho consequence was that at 9 o'clock on the same evening (Saturday) tho boy of 14 years was found helplessly drunk in tho main street "of tho town.' He had "been sent home, and had not got over tho effects of the drink for some days. Tho trouble was that .sly grog-Millors sold liquor indiscriminately to anybody who went along with the money to pay for it. That was why so many prohibited men got into trouble. He would like to say, before the Bench made up ifs mind in regard to extending considerate treatment to tho female defendant, that she had gone to the. police's chief witness and had tried to got. him to wit i draw his statement. Failing that, she had endeavoured to take him to her solicitor aiid .to change his statement , there. i . • ' •

VMr Buchanan: "Mo, not to change i his statement, but to make one." Sergeant Emerson: "[ am prepared to prove what I say. It has been done many time's before in sly grog cases." Continuing, the Sergeant said that the female defendant should not ask for a small penalty berauso .she was prepared to plead gxiilty. The defendant ..whs"not a poison who should have sold whisky in order to keep herself. Her ■husband was a strong working man, and she had <ri son in employment. She had a new house, which iva« Veil furnished indeed. As far'as a fine was concerned, she was as well able to pay as anybody else.

The Magistrate said apparently the taxi-cab driver know whoro' to go to get whisky, and for that ho saw no reason to mitigate tho fine. Tf tlm statements made by Mr Buchanan and Senior-Ser</onnt Kinor^on in regard to the taxi-drivor wore' correct, the matter was one thut tho local authorities should take in hand: they should cancel his .license. A man who would take r> boy of 14 \o:i'-s to got whisky should not-drive people about. A fine of £,"50. ■•with costs ninounling to 7>\ would lie inflicted.

Mr Biu-hrj>an niadr , application for. the return of-three ■ bottles',,of whisky 'found under Frruik Bull's bod, as the liquor belonged to Frank Bull. The Magistrate said.that any whisky found in a house under a search warrant was forfeited. He could make no order. The charge against Frank Bull was dismissed. Truancy. The Truant Officer'proceeded against Alexander Humphries,'of Fairtoii, for failing to scud his son to school regularly. The mother nia-do a statement, saying that the lad had been -kept -at home because of illness. The Truant Officer said the. boy had been sent to work', and there was no need for the parents to do that.' A fine of ss, and costs, wa-ss imposed. Breach of By-Laws. The ■. As]i burton County Council (Andrew CluiMie, Ify-lawh Inspector) proceeded agonist Charles Gadd (Mr Buchanan) for driving a traction engine n\ nit-, previously mado by another trwtiun enp,inc. .'1 plea of not giuli> was enteied. The >i OM-ciTion calird Ljun-nce Oxley ((lc:k .o the .Soatb Rakaia Jtoad l!o. kI) .1 nil Mi Chu^iw nho gave ev'denre

Tlio (K'U'iul if , volieitoi" ealh<! IVtpr Drimmmiui, w ho '-aid he was the owner of the enjne m question. Tho Charlos Gudd fliH.-nod in the present, rase was not tin- drivei of the online: ho (witnoss) paid Charles Ondd\ son, Arthur Ga.ld. lo drive tho eugine. Tlus Arfchnr f»add Mfis a.u<nv at ramp. In !o]^!> 10 tho Inspector vit3ii>s^ Rjsicl Cli;'rli>s G;;dd u;is vtt'i'nnp; the enti'no, ;;;id noL drivin;; it. T))o Majii-traio said aitor lienrina: tlio oviilcncf ilioro was no dou?>t iv his mind th.U rlic t^uiinc had tnu-iHocl iv old rut's. A itjio ol' 10a, and oosts 1 f« 6<2, was infii'-tod.

Alleged Assault. Tho iii'joiii n'-d cji-p i-1 whiih William Qvay p-oieed-d against "William Ocorgo

Gray and Samuel Gray, of Lowcliffc, farmers, for trespassing and for common assault was • again before the Court. ' ' Mr Purnoll appeared for the coninlainant, and Mr Buchanan for tho defendants.

Air" ruinoll detailed the events leading up to tho assault, and said that one son had held the complainant down whilst tho'' other/ had v assaulted ' him. Tho attack' Was sui extraordinary one, as no provocation had been given. On the previous evening one of the boys had forcibly held complainant .down, whilst the other had extracted the keys of the house from his pocket, i On a previous occasion the complaina.nl} ■ had arrived home in a gig, and the boys had taken him out of the vehicle and hud tied him In the outhou.se, with a gag in his mouth. He had been loft there for four hours. He had been assaulted on previous occasions also. About, 12 months ago the complainant had leased a part of his farm to liis' sons, retaining about 13 acres ' and ' the house. His sons farmed the- t part leased to thorn and lived at his house.. What was really at the bottom'of the • trouble was that the family, until some months ago, was of the Church ' of England faith. The sons and their mother had turned Mormons, and tho father had retained his old faith.. That was really the bed-rock of the ill-feel- ;" ing. They had made remarks which showed that they had had conversation 'with -two Mormon- missionaries. ;: A voice '(from' the- backv of ; the ■ Court) : '"They are not Mormons—decidedly not." After the last assault the complainant had ordered the two defendants to leave, his house, but they had refused. I)r. C. E. It. It entile said tho comiplainant had consulted him in regard. to tho injuries received when his-sons had assaulted him on Easter Saturday.'. The bruises on' the body proved thatsomo violence had been used. This. 1 bruises were fresh. William Gray, tho .complainant, said. the defendants 'were his sons. On Easter Saturday he had been sevorely and violently assaulted by liis sons. He detailed the exact treatment he had received. They had held his head' forcibly down'to the ground and had, - taken the keys and a purse from.him. He had since got th-s.purse -back, but ' they still had the keys." They were living in a shed which was not included in the lease to his sons. s ' . The complainant, was then subjected' to a severe cross-examination <as to his . conduct when under the influence of lionor. ' - ' The, Magistrate said it did not look well on the sons' part to rake up their father's past, and which really had ;no di/oct bearing on the present case of assault. If the question of trespass was intended to.be made a feature*of ' the case he would have no jurisdiction over it. He could only take the evidence and forward,,iti ;tp. Me jhigher Court. He suggested that the .question ,;' of trespass be left out for the tinipbeing, and that tho one of assault only • be gone on with. William Proctor gayc evidence fortho prosecution. William George Gray, one of the defendants, said his father had bee» • drinking for a number of years and the ; boys had tried to euro the habit. On ; one occasion his father had struck his.; mother and had knocked her uncon- • .scious. Jle • had threatened to cur witness's sister's head off with a butcher's knife. Witness had taken loaded revolvers from his father, and had had to tie him up. At another time his father came home very much under tho influence of liquor, yelling out at tho top of his voice' and brandishing .a pea. rilie. - Tho boys had -tied him up in a shed to prevent him doing- violence and one" or the other had stayed with him. They had neverinterfered with their father when hf . was sober. ' Tho reason why. witness 1 and his brothers would not leave home was because they "were afraid of what might 1, happen to thoir mother and, .sister. Tho Magistrate said it was no tiso -; going any further with ihc case. Thero ; had been no provocation for the as- , saults. If tho father had a hammer in. ' his hand they had no business to boot % him oft" the place, but simply to take the -' luimmer away. Because he came home ' drunk they had no business to tie him up. Their conduct was not such that the law permitted. The two defendants were then bound - t over to keep the peace .in the sum of i £2.3 each for the term of three months. Cohtft". amounting to £3 5s were allowed the complainant. The case' of trespass was adjourned ' for five weeks, it being pointed out . that the defendants' new house would ' be finished in four weeks' time. - The Bench said that if there was any , trouble whilst the defendants wero j living in their father's house until sucli'l a time ;».s thoir now house was finished, >, they would forfeit the bond money. Juvenile Drunkenness. A boy 14 years of age appeared, on re in and, to answer a charge of'drunkenness. He was represented by Mr Orbell. ; . \ Tho case was adjourned for three 1: months, the police to watch the be- ' haviour of the lad during-'that period. Civil Business. Judgment for ' plaintiff by v default. was given in the following case: —F. •' B. liobinson v. G. Martin, £25 6s 8d (costs £2 Us). Margaret Stevenson (of Kakaia) proceeded against tho Public Trustee, as administrator of tho estate of tlie late James Stevenson (lato of Rakaia), to recover the sum of £41 13s Id from the defendant for money lent and goods sold' to tho deceased James Stevenson. Tho Public Trustee coun-ter-claimed for a- sum of £40 for work . done, by tho late James Stevenson for , the plaintiff. —After hearing several witnesses for both sides, judgment wa^ '• given for the plaintiff for £33 13s Id, j ! and costs totalling £4 s 17s. ' " j

A Surprise for the Cracks.—At-A. 1. 'roccni/ motor raco mooting in Canada*;; a number of crack racing men enteredl'^. their powerful high-speed cars, _:ni*d'^ had arrauged to divide the winnings" hctore tho I'acing started. Tliev, had not noticed a rakish-looking _ Ford. This Ford, moreover, had carried the- r culls and collars of tho tovrn for imo years or so as a laundry van, and being stripped of its body it was not oafeily lwognised. , The Ford left tho whole field at a bound, and was not orfti'taken again. This performance was re-pealed-in every raco for five races, ami the cracks wore so badly cut uo that tho officials had fco bar the Ford in the last race. Tho Ford is as fast as most cars, and, contrary to many axegrinders, lias prored itself capable oi the hardest service under most, un- , favourable circumstances. Mr Carson will be pleased to givo any intending purchasor a trial .spin in the new model Ford to demonstrate the valuab.e irn-Di-ovement* lately instituted in all Ford cars. ° 00