THE COURTS.

Press, Volume LVII, Issue 17247, 10 September 1921, Page 5

THE COURTS.

MAGISTERIAL. FRIDAY. (Before Mr Wwcr:: VCiisan, S.M.) THEFT. George Boyee, 22 (Mr J. R. Cuningharn) waß chargea with the thei: at Sydenham, on August 15th, of a watch, chain, and sovereign case, of a total v&iue of £l2, the property of Arthur Nelson. Chief-Detective Mcllveney said that the accused, who was a plumber, had been staying at the complainant's house, and when .eaving he took the articles and sold them in Wellington for 15s. The accused's parents were respectable people living at Masterton. Mr Cuningham ;nid that Boyce pleaded guilty to the cha-ge, and drink was the causa of his downfa.l. Ha was the b'ack fheep of a splendid family, which had a fiv»-vear war record. He was not strong, nd his father was willing to take him back on the farm till he got stronger/ and was tble to keep aw;y from tho surroundings which had pulled him down. Full restitution 'rould be made, and counsel asked the Magistrate to give the lad another chance. The Magistrate said he oould not treat iho accused as a, first offender. He waa admitted to probation on two charges of theft it Blenheim, and the probation had only expired. This was not a. cr.se for furthe: probation. Tho accused would be convicted end sentenced to one month's imprisonment. BY-LAW CASES. A charge rgainst John Beas'.ey (Mr C. S. Thomas) of uriving at a greater speed than 12 miles an hour along Riccarton road, waa dismissed. . * Kegina!d Bradley was fined £3 for driving at an excessive speed. Sidney Cashiou waß fined Ss for cycling on a footpath. For riding bicycles without lights, George Claxton and Frederick Coe wore each fined 10s. Kenneth Dow was fined 10s for cycling without a light, and Es for riding on a footpath. ■William Currie was fined 10s tor driving a motor vehiclo without having a certificate o{ ability. A charge against aim of failing lo turn at tha lint) of intersection, waa dismissed. Margaret East, for allowing a chimney to catch fire, was ordered to pay 7s costs. Garnett Th.oma.a Bullock, similarly charged, was fined ss. ~, " Lewis McKenzia was fined 10a for riding motor-cycle withou* having ft certificate of ability; 5s for using an unregistered motorcycle, and Bs for carrying a passenger in pillion fashion. . Adelaide Neave was fined 58 for driving a motor vehiclo without having a certificate of ability. , . John A. Baton, junr., was fined 10s for driving a motor vehicle without lights. Peter Ramsay, for leaving a motor-car unattended in Allen street, was ordered to pay 7s costs. For driving without lights, Norman Thompson and Thomaß Turnbull were fined £1 e.acn, and Stanley Thompson, for cycling without a light, was fined 10s. George White was fined 6a for riding a bicycle In Crammer square proper. John Owens was fined Bs for allowing a horse to wander on Hillmortett. Henry Forward wa9 fined 10s for riding a motor-cycle without an- identification mark. Ambrose E. Harris, for permitting an uncertificated driver to be in charge of an electric motor-truok, was fined £l. Leonard Brownie, for plying for hire while being an unlicensed driver, was fined 10s. Campbell Bros, were fined 10s for allowing a person without a certificate of ability to drive a vehicle. Charles Coombes, for driving * vshiole without an identification mark, was fined 6s. George Gretter, for turning in a car before reaching the intersection of a road, was fined 10s. J"fimeg Loathwick, for driving a . liceflsed motor-car without possessing a certificate of ability, was fined s*. Leslie J. Muir, for permitting an unlicensed person to drive a motor-cab, was fined 10s. James J. Norris was fined 6s for carrying a passenger pillion fashion. Douglas O. White was fined £1 for driving along Lincoln road at a dangerous speed. Henry Basmussen was fined 5b for per' mitting a horse to grace in a public place, and £1 {or rescuing an impounded animal. MOTOR-DRrVEK EXONERATED. William Weir (Mr C. S. Thomas) , waa eharged with having driven a motor-car along Buckley's road in a negligent manner, and with failing to stop when an accident hapGarland, rig and bottle dealer, said that between 6' and''7 p.m. on Augttst 2nd, when turning off Wyon street into Puckley'a road, going to New Brighton, a motor car ran into him. He was driving a two-wheeled box-cart. . He - did not hear a horn being blown. , The Bhaft of the carl was broken, and also the horse's leg. After the collision the car went up tho road two or three ohrtins, and then stopped, and Somebody stood up and looked around. The car was painted a dark reddish-brown. Witness had to destroy tho horse, and, as the cart wae not of much use, he sold it for; £l. To Mr Thomas: He would not swear that' the oar had any lights. He had only two drinks that day. He did not take particular notice of the colour of the car; it was either green or led. Weir said he was driving the oar into town for a friend. A lady and a man were with him. He. bad good lights, and never saW. the car. rnutil it turned from Wyon road into Buck'.ey's road, and ran into him. He stopped and spoke to Garland,- who was either drOfik or dazed. His .Worship Baid he took it that Garland waa. drunk, fcnd was driving without lights, and he must discard his 'evidence almost entirely. The informations were dismissed. TRAMWAY BY-LAWS. Allan Forsyth' was eonvioted and ordered to pay £3 18s costs for refusing to. leave the platform of the Sumner tram-car' when requested'to do so by the conductor, and for refusing to give his name and address; S. .Mahomet Din was charged with failing to tender his legal tram-fare to Conductor McDougall on August 9th. Mr L. A. Dougall appeared for the Tramway Board. Defendant was convicted and ordered to pas £4 15s costs. DEFENCE CASES. Stanle7 Nicholas Maffey (Mr A. J. Mailey) was ordered to pay costs, 7b, for having failed to attend drill. REMANDED. Reginald William Thompson, of Christchurch, motor mechanio (Mr L. W. Gee) was charged with, between May Ist and September Bth, having stolen' motor-car ana cyc.e accessories, valued at £lO 4s' 9d, the property of Adams, Ltd. Frederick George Belman, motor meohanie (Mr R. A. Cuthbert) was charged with a similar series of offenoea, between the same { dates, from the same firm, tho value of his alleged thefts being £l9 15s. Be.man and Thompson were, together charged with the theft of bicycle Darts valued at £l9, the property of Adams,. Ltd. Counsel (or the accused asked for a remand till nest Tuesday.- Chief-Deteotive Mcllveney did not oppose this. He said ■nothing else waa known , against them, and both were married men. A remand was granted, bail in each case being fixed at (Before Mr S. E. McCarthy, S.iL) DEFENDED CIVIL CASE; Dixon Brothers (Mr W. J. Sim) proceeded against Robert Fairbairn, of • Upper Biocarton,. farmer (Mr H. K. McDougall) for the recovery of £75 damages,. and £lO general damages, on account of a stack of hay purchased from defendant, allegedly containing Califorhian thistle, and being consequently for feeding to stock. Alternatively the plaintiffs claimed that there had been a complete failure of consideration for the purchase money paid. Mr Sim said it was unfortunate that the stack of hay wae bunit subsequent to the action being commenced, but prior to tha fire samples had been submitted to experts, who found the ' hiatla seed would germinate and would contaminate plaintiff's land with the weed •if fed out to the stock. A. good doal of evidence in support o! this contention was called. Mr MoDougall raised the following nonsuit points:—(l) That there waa no evidence to show that the hay was unsuitable for the purpose for which it was sold; (2) that there was no evidence to show that the selling of hay was in the ordinary course of delondaat's business. The case was adjourned till Tueeday aftertoon for tho hearing of evidenceior defendant, and argument on the points raised by Mr McDougalL RANGIORA. (Before Mr C. I. Jennings, J.p,) . Albert Frederick Clarke, alias Walter Brown, was charged with failing to report to the probation officer, also with a breach of his prohibition order, and with having at- • tempted to defraud Alfred J. Lawrence, I licensee of the Junction HoteiTby means ol ■ a value, ess cheque, drawn for the sum of £6 ■ 12s on the b*nk of New Zealand, end pur- i porting to be signed by one W. G. Blackwood. On the application of ..Sergeant Casaidy. accused wae remanded to appear at Christchurch to-day.