A LONG LIST

Ashburton Guardian, Volume 62, Issue 41, 28 November 1941, Page 6

A LONG LIST

CASES BEFORE THE COURT.

MANY DEFENDANTS APPEAR.

CHARGE OF ASSAULT HEARD. The list of cases for hearing by. Mr H. Morgan, S.M., in the Ashburton Magistrate’s Court to-day was the longest for several- months. Frederick George Clark was charged with having assaulted Richard George Evans. He pleaded not guilty. Senior-Sergeant J. F. Cleary stated that defendant lived in Charles Street, AUenton, next to Evans, who made some alterations to his front fence-. Defendant objected and there was a scuffle. Evans stated that he was a retired farmer. On November 10 he repaired his fence, the gateway being shifted further away from defendant’s boundary, filling in the gap with, a five-foot stake (on the boundary) and battens. There was no encroachment on defendant’s property. For two days defendant made no comment, but then he spoke to witness, who was on his own lawn with his wife. Witness went out to the footpath, and' defendant said the stake was on his property. He asked witness to shift it, but witness declined, as it was on the boundary. Defendant tried to pull the stake out, but failed, and then started to kick the battens, one of which he broke Witness pushed him away and was struck on the mouth by defendant's fist. Witness’s wife separated them. Witness was hit a second and glancing blow. He hit defendant, who said: “You , you! I’ll kill you. I’ll cut your throat. I’ll strangle you. I’ve waited for you for a long time.” To the Magistrate: He took the macrocarpa hedge between the two placesas being the boundary. He did not know if that was the actual boundary, but he was prepared to have a survey made.

Defendant said he did not think a small bluegum stake could be called a boundary corner-post. Witness said the defendant had not used the post of the gate before the gate was shifted. The stake and battens were placed temporarily to keep cattle out of the property. He was prepared to arrange with defendant for a proper fence. Evidence in support of the prosecution was given by Edith Elizabeth Evans, wife of the previous witness. After having separated the two men, they came to grips and struggled on the ground, where defendant gripped her husband by the throat She called for her neighbours to come to her assistance.

Johanna Chambers, a neighbour, gave evidence of answering the previous Avitness’s cries. She pulled defendant off Evans and got him to go to his home.

Constable Snowden produced a statement given to him by defendant, who had stated that he asked Evans to shift the stake to get it in. line with defendant’s front fence. Evans refused, and defendant said he would shift it. Then there was a struggle. Evans hit him with a piece of the broken batten. Tho two men had been on unfriendly terms for some time. Defendant said the shifting of the post and the boundary line were not worrying him, but Evans was a very contankerous man. When Evans came out on to the footpath he snapped at defendant. Defendant asked him civilly to shift the stake out a bit, but Evans said he —— well wouldn’t.” Defendant had his slippers on, and he kicked at the batten, which was a flimsy thing anyhow. Defendant went into details of his struggle with Evans. To Senior-Sergeant Cleary: The stake did not encroaeh on the footpath or on defendant’s property. The Magistrate; You took it on yourself to chastise him for putting up a fence on his own property. I think you have been romancing. You deliberately started to remove his work. It is a question of who I believe, and I believe the Evanses. You were the aggressor, and you show you were. You provoked Evans and you assaulted him. Senior-Sergeant Oleary said that defendant was a pest in his district. He worked at night and his nerves seemed to be all to pieces. Defendant was ordered to come up for sentence if called on in 12 months. Sequel to Collision. Gwendolin Isabella Cramptou, of Dunedin, was charged with having failed to give Avay to traffic on her right while driving in East Street. It was stated that the car was not travelling fast at the time. There was a collision with another vehicle. It was at night time. Mr Kennedy, for defendant, said his client was on her way to Christchurch. She slowed down to stop so that her brother could take tho wheel. She considered the car on her right was travelling too fast. The damage to the ears was insignificant. Defendant was fined £3, with 10s costs. Unlicenced Radios. Kathleen Spring was charged with having, at Chertsoy, been in possession of an unlicenced radio receiving set, and was fined £l, with 12s costs. Davjd W. Jones was charged on a similar count and was fined £1 10s, with 10s costs. It was stated that the last licence for this set expired in September, 1939. Defendant had been shifting from town to town and the Department had not been -able to catch up on him.” Ho had been written to several times. Drove on Wrong Side. Aynsley Lawrence Moore pleaded guilty to a charge of driving near Methven without due care and attention. It was stated he drove at 40 milds an hour on the wrong side of the

road in poor visibility caused by the dust of other traffic proceeding from the Methven races.

Defendant was fined £2, with 12s costs.

H*t«l Workers’ Wages.

'Mrs C. Pasquali, proprietress of the Somerset Hotel, was charged with a breach of the provisions of the award governing hotel employees. The Inspector of Awards (Mr S. W. Armstrong) stated that the award provided that the wage for a laundress was £1 17s fid, with 10s a week extra where the employee lived out, plus 5 per cent. A laundress was employed and paid £1 6s 3d a week. No hours were recorded in the hotel books. The worker’s hours did not total 40 in a week, but they were spread in a manner contrary to the regulations. There had been collusion between defendant and the worker, and on that account the Department was not suing for arrears of wages. Defendant was fined £3.

Mrs M. Radcliffe, proprietress of the Grand Central Hotel, was pro* ceeded against by the Department, claiming £2O for breaches of the hotel workers’ award relating to the keeping of wage and holiday books. She pleaded guilty. It was stated that defendant told an inspector that the books had been lost. Books dating only six weeks back were produced, but there was no record in relation to one employee. Defendant said she thought the holiday time was signed in the wages book. She did not think it was necessary to, record the engagement of a casual hand for five weeks. Defendant was fined £2. Liquor Near Dance-half. James Evan McNeill was charged with having had beer in his possession in the vicinity of a dance-hall while a dance was in progress. Horace Leman and Ronald Waklyn were similarly charged. Pleas of guilty were entered in eaoh case. Senior-Sergeant Cleary stated that a constable saw the defendants at a parked car near the dance. Defendants were each fined £2, with 12s costs. Unregistered Dog. Thomas V. Skilling was charged with 1 having, at Timvald, failed to register a dog and was fined £l, with 10s costs. It was stated, that defendant had defied the Tinwald Town Board’s requests over the last two years to register the animal. Civil Business. Judgment for plaintiff by default was given in each of the following CcISGS l R. Totty (Mr G. O Nicoll) v. M, V. Price, £l7 6s 2d, with £3 11s costs; Pyne, Gould Guinness, Ltd. (Mr V. W. Russell) v. A. McCormick, £2 10s, with £1 -7s fid costs; R. A. Burnett (Mr Russell) v. A. G. McCormick, £l2' 6s, with £2 18s costs; D. M. Lamb v A. Hood, £22 Us, with £2 14s costs; New Zealand Farmers’ Co-operative Association, Ltd., (Mr .Kennedy) v. K. Ritchie, £1 17s 6d, with 8s costs. In a judgment summons case, D. A. McCormick was ordered to pay £6 Is 3d, with 15s 6d costs, to the New Zealand Plumbers’ Union (Mr L. A. Charles) forthwith, in default six days in gaol, warrant to be suspended so long as £1 a week is paid. In a judgment summons case, G. Durie was ordered to pay £l2 10s fid, with £1 Is costs, to Cash Order Purchases, Ltd. (Mr Nicoll) forthwith, in default 10 days in gaol, the warrant to be suspended so long as 10s a Aveek is paid. Children’s Court. Three children appeared in the Children’s Court, one of them charged with having committed a minor theft He Avas admonished and discharged. The other two were eharged on several counts with theft, one of these boys being also charged Avith having broken windows. The last mentioned was placed under supervision for 12 months and the other Avas admonished and discharged.