MAGISTRATE’S COURT

Press, Volume LXXXII, Issue 24985, 20 September 1946, Page 9

MAGISTRATE’S COURT

THURSDAY (Before Mr Raymond Ferner, S.M.) TRUCK DRIVER INTOXICATED George Falconer Scott, aged 39, a truck driver, pleaded not guilty to a charge of being intoxicated in charge ,of a motortruck in Matipo street on- September 16. Mr E. B. E. Taylor appeared for the accused, who' was convicted and fined £lO. Scott’s driving licence was cancelled for 12 months. Stanley Harris Evans and James Walker, two tramway motormen, gave evidence of seeing the accused’s truck on Riccarton road, near the railway crossing, about 5.15 o’clock on Monday evening. Evans stated that the truck was stopped on the tram line, and the driver seemed to be having difficulty in starting it. Walker said that when he was about to stop his tram the truck started away in jerking movements, zig-zagged on for some distance, and then stopped again on the track. Sergeant J. R.- Williamson said in evidence that he went to Matipo street, where the accused was working underneath the truck. When he stood up, Scott was unsteady on his feet. He denied having had any beers, but later admitted having four long ones. Senior-Sergeant Holt said he was present at the police station when the accused was examined by a doctor. Although he was certified as fit to drive a motor-vehic’e, the accused’s reactions to the tests seemed to be slow. Mr Taylor said that Scott had had five long beers at a hotel on his way into town from Burnham. After dropping apassenger he was returning to put the truck away when the vehicle stalled near the railway crossing. The petrol feed was blocked, and had trouble all the way up to Matipo street, where he stopped the truck to make repairs. Although it appeared that he was having trouble with his truck, evidence showed that the accused was muddled and (according to the police) under the influence of liquor, said the Magistrate, entering a conviction. RATIONING BREACH Catherine Young, licensee of the Dominion Hotel, pleaded guilty to a charge that, between May 2Q and June 10, she made a false statement to the Rationing Controller for the purpose of the Rationing Emergency Regulations, 1942, o.' for a purpose relating to the supply of rationed goods. She was represented by Mr C. S. Thomas. * Senior-Detective F. J. Brady stated that the offence related to the return of meat coupons. Of the 881 returned during the period, 338 of them were stale, with the result that she obtained meat to the value of £7 to which she was not entitled. It had been stated that difficulties were experienced in obtaining the required coupons from guests. The Rationing Officer wanted this case brought as a warning to other hotels. The same difficulty was experienced by nearly every other hotel in the country, said Mr Thomas. In Mrs Young's case the work of returning the coupons had been delegated to a member of the staff. Guests who were served without coupons promised to send them to the hotel after they left, and this meant that many of the coupons were stale when they were returned. It was an unwitting offence, and he would ask that it be dealt with on the basis of a warning. The Magistrate said he could quite understand the difficulties involved, but it. was apparent that consistent observance of the regulations was required. Defendant was flnefl £lO. LIQUOR NEAR DANCE HALL George Goward and William Arthur Sellars were each fined £3 for being in the possession of liquor near a dance hall. FINED FOR ASSAULT James Cairney Shearer (Mr W. R. Lascelles), aged 21, a labourer, was fined £6 when he pleaded guilty to a charge of assaulting Norman Oliver Hahn. SUbInspector Paine stated that the offence occurred at a dance hall. FAILED TO PAY FARE Edward Joseph Foley was fined 20s for failing to- pay a railway fare of £1 2s Bd. Sub-Inspector Paine said that Foley travelled from Dunedin to Christchurch to take a position. He did not have any money at the time, but had since paid the fare. COMMITTED FOR TRIAL John Albert Arthur, aged 26, a labourer, was committed to the Supreme Court for trial when he pleaded not guilty to a charge of committing an Indecent act, thereby insulting or offending a 10-year-old girl. Mr E. M. Hay appeared for the accused Bail was renewed. JUDGMENT FOR PLAINTIFF John Mervyn Anstiss (Mr T. A. Gresson) claimed £52 10s from George William Goodge (Mr J. K. Moloney), the claim arising from a collision between a motor-car and a taxi at the intersection of Olliviers road, Tuam street, and Harrow -street-on ■* March 10. - Goodge made- a counter-claim against Anstiss for £97 10s, being £72 5s for damages and £l5 for loss of time when the taxi was not on the road. Judgment was entered for the plaintiflh for £45. CIVIL CASES (Before Mr F. F. Reid, S.M.) PLAINTIFF NON-SUITED Ellen Baker (Mr C. S. Thomas) claimed from William Edward Anderson (Mr W. R. Lascelles) the sum of £32 18s fid for damage to a motor-truek. After the hearing of evidence, the plaintiff was nonsuited. . ; The claim arose from an accident. It was stated that the plaintiff’s son, Walter James Baker, was driving her truck in a northerly direction along Clarence road, and it was alleged that the defendant, who was travelling east in Elizabeth street, was negligent in failing to keep a proper look-out and with failing to give defendant alleged that the plaintiff’s son was driving at an excessive speed, this being the cause, or a contributing cause, of the collision. The Magistrate held that, to an extent, bqth parties were at fault. He was satisfied that the plaintiff was not entitled to succeed, as the speed of the plaintiff’s driver was tpo high. JUDGMENT BY DEFAULT Judgment by default for the sum of £1 19s was given in favour of the Canterbury Road Transport and Motor and Horse Drivers’ and their Assistants’ Industrial Union of Workers against I. Alexander. (Before Mr H.. P. Lawry, S.M.) ORDER FOR POSSESSION William Kilpatrick (Mr K. J. McMenamin) was ordered to give possession of a piece of land and dwelling house at 49 Cowlishaw street, to Charles* Begg Bruce (Mr N, C. Bradley).