MAGISTERIAL.

Ashburton Guardian, Volume XXXVII, Issue 3952, 19 January 1917, Page 4

MAGISTERIAL.

ASH BURTON—THIS DAY.

(Before Mr V. G. Day, S.M.)

Indecent Language,

Thomas Grattidge was charged that,, on December 26, at Hinds, he did use indecent language. The case was originally held oil' January 12, when the Magistrate reserved his judgment in order to decide whether the language used was indecent. . Mr Buchanan quoted a case in which the same language was used, and it was not considered indecent. The Magistrate, said the majority of people would Have to be more careful with their language in future: He upheld Mr Justice Sim's recent judgment, and inflicted a fine of 10s and costs. Charge of Loitering Case Dismissed. J. H. McCaskey was charged- with loitering about Burnett and East » Street corner. Mr Kennedy appeared for defendant. Constable Teape said that on the * night of December 23 he was on duty in East Street. Defendant was m company with two other men, and' was standing on the footpath. There were , a good number of people • about, and ■' witness requested him to move, but he-jN-refused. Witness made the request on three different occasions, but defendant refused each time. To Mr Kennedy: There was no illfeeling between witness and. defendant. He was not aware that witness waswith his wife, who was shopping. Robert Cairns gave evidence that He- ■ saw Constable Teape ask defendant to* move, but he refused. ' He also saw the constable move other people. Charles Marsden gave evidence corroborative of the last witness's statement. J. A. McCaskey, chief clerk, Railway Department, stated that hewas going down East Street' on the night in question (Christmas Eve) in company with some friends, and happened to stop" outside a shop, when Constable Teape asked him to move on. On two more occasions he happened to stop in the street, and on each occasion the constable requested him to more. Witness considered he was being singled'out by the constable. Ti V. Whitmore stated he was in company with defendant. They had' occasion to stop on the footpath several times, and on each occasion .theconstable commanded them to move on and to get off the footpath. Witness considered it was a case of malice. Henry McElrea corroborated the last witness's and defendant's statements. / The Magistrate dismissed the case. Alleged Assault. v : Henry Mackle was charged that, on-; December",.23, he did assault one 0. Horton, at Hinds, so -as to cause him "actual bodily harm. • ' < Senior-Sergeant Ryan asked for a remand. The Magistrate said he would ad- ' journ the case till January 23. Noxious Weeds, M. Spencer pleaded not guilty to*a charge of failing to clear his property of noxious weeds. ii.r C. Branigan (Inspector of Noxious Weeds) stated that he had warned defendant on several occasions, but he had allowed. Californian thistles to grow among'his oats and to come into flower. Mr Purnell, who appeared for defendant, said he (defendant) had. honestly endeavoured to clear his land" from noxious weeds. Matthew Spencer stated that heendeavoured to cut the thistles in the oats before they came into bloom. There was a lot of water running through his land, and consequently the ' Californian thistle seed got in among. his crops. The Magistrate said it was defen- ■ dant's business to keep his land clear , of noxious weeds, and imposed' a penalty of £5 and costs. Diverting Water. A. C. Cameron was charged with, diverting water for his own use from the Ashburton County Council's race. Mr Purnell appeared for the County. Council. Mr Kennedy appeared for defendant, and on his behalf, pleaded' guilty. Hestated defendant was not aware that he was committing a breach of the by- , law in, using' the,.water/'as his predfei-": cessor on the property had used,it. 1,. ,v' : ".,A,'fine of £10, and *fil 8s costs,/., was-,.; imposed.' ' , ' ,- - ' ■': use of the Garden Hose, For leaving a garden .hose unatr* \i tended, William Allen was fined 10s A and costs. He stated he knew nothing^ about it. . John Suttie was fined lGs and costs, for using a garden, hose after hours, ■ G. Pocock, A;" J. T. . Baxter, J. Cowan, and T. M.' Clark were each fined 10s and costa on similar charges. Excessive Speed.' Thomas Weblcy was fined 20s and costs for exceeding -the- speed, limit in a motor-car in Short Street. D. Scott, jun., and W. Sargent were each fined 20s and costs for driving motor-cars at- an excessive speed over the Ashburton Traffic Bridge. Defence Cases. W. A. Taylor was charged with failing to attend drill. He pleaded not guilty, and stated he had received no notice to attend drill. Sergeant-Major Thatcher said he -: had frequently sent nqtices ,ta.Taylor.. \ to attend drill, but he had not at r • „' tended<-»fpr f_otir years.' -He "was' a 1 \ source" of obstruction, as he-bragged'to' ' those attending drill that '''they wouldn't get him to attend.'.' , • ' /Defendant's father here stated that a, notice had come to his house" ad- ;•' • dressed to W. T. Taylor, and he re- ' turned it unopened. The Magistrate said defendant was a shirker, and one of the worst type. A fine of £5 and costs was inflicted. Mr Taylor asked for permission to appeal, and the Magistrate advised him to go to a solicitor and ask advice on the matter. R. Bremner was.fined 40s and costa for failing to attend drill. * Alleged Breach of Warranty. W. Murdoch Bruce (Mr Acland) claimed from Robert Frisby (Mr Buchanan) £200 for breach of warranty as to 263 ewes being in lamb at the time |of purchase. ■ . V ' W. Murdoch Brace, farmer, of Lowcliffe^ said he had wide experience in dealing in stock On June 20, ai the Tinwald yards, he had a conversation with dofondant, and discussed the proposed puvchaso of some ewes. Defendant said they Avore in Jamb, and witness bought them on this unddrstandine;. There was no guarantee to this effect. Witness had. thorn for Severn months, but found that only about 15

..of the «wes were in lamb, in season As .amotY owes they wcro worth from 22s to 235, a.nd ho expected 100 per cent ,nr 1-mbs All counted, they would tve Cn worth about 19.. In all he 'rot 112 lambs, but nearly 100 of them were, got in December. He had bought three hoggets and probably they had tupped some of the ewes which lambed in December. . . ■To Mr Buchanan: The first lambs we re"-"'ot in September and the rest in December. About 35 of these he would attribute to the ewes being tupped.-by the hoggets. . Charles Lee, also experienced iw a stock agent, said he had owned the ewes in question m April, but had not put them to the rain. Ho sold the . ewes, aaid. at the end of November he saw. them at Mr Brace's place. There were no U-anbs with them. The value of a dry ewo would bo perhaps £1,. and all counted the line would bo worth 16s ' Douglas Lamb said ho bought the ewes from the last witness, last April. •He had them!fov two months tor rattening, and later sold thorn. He.■., . aiot put the rams to them, but he^ believed that there was aram with them, after the time'he sold-.them, and. up to the time ho garo delivery. ? . . Jolin LiUico, auctioneer, said ,he sold the ewes in June last. He made no euarantee that the ewes were in lamb.; > To the Magistrate: Frisby was pre-sent-when he made this statement. The entries in the sale book showed that'no ■o-uarantee that the ewe's were in lamb, wsus givsn. If:he got 100 pea- cent, of lambs from ewes that had been hawked about like those in question, he would •consider himself extremely lucky; 80, per cent, of lambs would bo good.. At *he end of October, when they had finished lambing, they w-ould be worth 18s Tliis wncluded the case for plaintiff, j Mr Buchanan, for defendant, said his fcJient honestly believed that the ewes ■trwro in lamb/ „ , , ■ , T . " • The Magistrate said ho knew nothing a^egarding fluctuations in stock prices. [With the consent of both parties he Wbuld adjourn the case for a fortnight st» order to let. 'them settle beIjfeeen themselves^ ;