POLICE COURT.

Auckland Star, Volume XLVII, Issue 238, 5 October 1916, Page 6

POLICE COURT.

(Before Mr. E. C. Cutten, S.M.)'

DRUNKENNESS. . Four first offenders forfeited ta^and S^ a y°^ fi (53), for a second offence, "»***£& h rd ; d a otirt a eft£ recently wae prohibited and discharged. 'John (33) and Charles Lynch <42h who had committed a breach ot tne peace by fighting in a public bar last night, were each fined 10/.

FOR THE GIRL'S SAKE. I*onard Van Brunt, alias McKay (21), came up for sentence on a charge tnat during September he stole a number ot toob and accessories from a motor-car garage belonging to his employers. Mr! Curtie, for accused, stated that Van Brunt had been a week on remand without bail. He was yet young, and it would not improve matters to send mm to gaol. The police had mentioned that be had been misconducting himself wit.i a young girl; it was his intention to I marry the girl, and there were good reasons why there should not be delaj in the matter. If probation -sould not be granted a fine might meet the case. His Worship remarked that the Probation Officer'e report was not favourable and in euch case probation could not, be granted. Accused would be convicted aed fined £5, which he would have to pay in instalments of 5/ a week, and would be ordered to pay 9/ expenses within a month. GIVEN HIS CHANCE.

Wm. A. C. Postlewaight (18) admitted that during September he received sums of 7/6. 4/ and 2/10 from divers oas ( in Ponsonby and Newton, on behalf ol ■his employer, Joseph McConnell, and converted the money to his own use. Sergeant Matthews stated that the lad, whose mother wae dead and whose father had joined the Reinforcements, bad been employed on a baker's cart, and toad received the stolen money for accounts and had made uee of it himself. The Probation Officer stated that the history of the case indicated that lack of control was the root of the trouble. It was quite probable that if put in a suitable position where he was under discipline *c would make good use of the chance, and apparently he deserved a chance. A situation on a farm, where the lad would be under wholesome diecipline, could be found for him, though it might be desirable that his' wages be administered by the Probation Officer. Accused was admitted to probation for twelve months; wages to be adminietered by the Probation Officer, and he was ordered to refund the amounts taken, aggregating 14/4. DEFEHBAKT PROPOSES AHO COURT DISPOSES.

A suggestion that the city by-lawg should be lese literally interpreted was made by A. Southey Baker, in admitting he had committed a by-law breach in motoring on the wrong side of another motor car in Symonds Street on August 17th. . Traffic Inspector Lindsay stated (hat he wae instructed that the other car Was a little over six feet out from the kerb, when defendant drove up, and though there wae a clear thoroughfare on r the -right side, defendant drove through the small opening on the left; hand side, and brushed the other car. ° Defendant stated that he would be an obvious idiot if the facts were as stated. The other car was on the tram-rails, and apparently the driver did not hear his call for clear-way, as he kept to the rails, and witness went through, with plenty of clearance, on the left, but the other driver at that moment pulled to the left, and the care jiiet brushed! 'He evidently reported to the inspector, perhape with the idea of getting in first. "There was nothing else in it," continued defendant, "and if the by-laws are going to be interpreted absolutely literally the traffic will be prohibited entirely instead of facilitated. In interpreting the bylaws, there should be read into them the words 'whereby the traffic is or may be impeded or whereby public safety is endangered. . Otherwise a man who drives on the tramlines when there :e a clear thoroughfare is liable to proescution because he does not keep as near as practicable to the left."

His Worship replied that defendant's remarks were general, and that what he stated was always taken into consideration in deciding cases in the Court. ■ In the present case, where the care had bumped, defendant's remarks could not apply. Defendant would be fined 5/ and 7/ costs. THE WBONG MOTORING SPIRIT . The circumstance of a man haring been knocked down by a motor car at the foot of Queen Street on Sunday, September 3, was the genesis and gravamen of charges against Thomas Clark, a Maori chauffeur, that he drove a motor car negligently, and that he drove not as near as practicable to the left-hand side of the street.

Briefly, the evidence of the case was I to the effect that two men, among > others, were on the Sunday morning, at the foot of Queen Street, waiting for a tram car, and the motor car was driven round the Quay Street corner, and struck and knocked down one of the men, a wheel going over one of hie feet. Thia man, James Flanagan, and his friend vrere standing within ten feet of the tram rails. The car admittedly was going slowly at the time, and one of the men beard the born sounded, but said he heard it only juat as thecar came on them.

The defence was that the ear went slowly round the corner, and the horn ■wae blown several times, a number of people who were waiting for tie tram dispersing, but the man who was knocked down did not get out of the road.

Hie Worship; eteted that defendant seemed to have the wrong impression that people were on the street at their peril, and if they did not get out of the way of motor can it was their own fault when they got knocked down. Because the otter man happened to be looking timdng to drire him down. Defendant/would be convicted of negligent driving, and fined 40/ and 43/ cost!

A THICK OP THE TRADE. What appeared to be a fine opening for a defence presented iteelf duriiTSi hearing of a by-law presecutlon WilHam Russell th.t he left » ear standing unattended in LHtle QoX •traeb for more than an ham. An *mk& k »wy and reUwned.'' "^J

witness insisted that the car was there • continuously, and held to t , at state-;'.■ ment even while admitting that there , were intervals of half-an-hour between his visits. Mr. Matthewe protested that the witnees' definite assertion that the '■■■ car was there continuously was prepogterous in view of the fact that he paid only periodic visits to the place. Then ":> the witness divulged a trade secret. J-i " We always mark these cars," he said; "we chalk the tyres front and hack, where they touch the road, so that we know at once, when we return, if the car ' ' has been shifted." Mr. Matthew 6at once abandoned that line of defence, and admitted .that the "'" : " car was left standing for more than, .:.. an hour, hut submitted that the street ■ was out of the way as regarded traffic, ; and wae need extensively by horse-driv- ': ers at the lunch-hour a* a standing, ground to feed their horses. The car im--"j question had been left outside the garage because the garage was crowded ~ with other cars at the time. His Honor remarked that the object r of the prosecution was to abate the ',■ nuisance of the street being made a* 3,1 standing ground., Defendant would he' v'" fined 20/ and 7/ costs. EXPENSIVE PENNT SECTION. Joseph Harding admitted that on til September 23., while travelling in a-; J tram-car, he avoided pajTncnt of ' his .' fare. f&|| Mr. Cahill, for the Tramways Co., f 1 ; stated that defendant boarded a Ponsonby car going from the city, being at "j the time somewhat under the influence /:; of liquor. Before the Wellington j.' Street stop he was asked for his fare, .- and he eaid he had already paid, and :".•■-.. showed an old ticket. An argument on ' the matter lasted till the end of the ; penny section at Pitt Street, when the conductor got a constable to take the man's name and address. Defendant > looked up the conductor next day, and apologised for his conduct, but the Coin- .' pany took action in consequence of tke ■, wide practice of euch evasion of fare.At the same time it was not suggested that it was a question of dishonesty in \ this case, but, rather, the foolish action of a man somewhat affected by the influence of drink. _ ;,\ Defendant was fined 5/ and £2 costs. J

MXSCEXXANEOTTS. ;•$ Charlotte Campbell (34), for importirtin<» in Federal Street last night, was sentenced to fourteen days' hard labour. For keeping in store a greater quantity of dangerous-goods than the store : --<:\ was licensed to, hold, Chae. H. Fleming (manager New Zealand Express Company) was fined £5 and 7/ costs. Jno. Peach, as the owner of a van that •plied for -hire without being licensed, warys fined 5/ and 7/ costs, an being made that the driver made a. mie- ; take in taking out an unlicensed insteal J lof a' licensed van.