S.M. COURT, BALCLUTHA.

Clutha Leader, Volume XL, Issue 73, 20 March 1914, Page 5

S.M. COURT, BALCLUTHA.

WEDNESDAY, MARCH 18. (Before Mr A. H, Young, S.M.) A GAMBLING GAME. Jack Mason was charged with having played a chance, "spinning Jenny, " at Greenfield sports on January 14 last. The implements—a roulette bowl and marble and "star and crown" cloth, were displayed in court, and the working was explaine/1 by Constable Harvey, who prosecuted. These implements, together with the sum of lis 6d which was on the board at the time, had been seized by the constable.

Accused (represented by Mr Grigor) pleaded guilty. Mr Grigor pleaded in mitigation that Mason was an old man of 65 and had been a bookmaker all his life—a perfectly legitimate business till Government had given a monopoly to the totalisator. His livelihood having been taken away, and having led a sporting life, he had been tempted to gain a living by this means. Mason was by no means of the "spieler" class, but had brought up a large family very respectably. It hail been reported that he had cleared out when the police were to summon him, but this was not so. He had goue to Australia in search of' a living, and on his return heard; that the police were looking for him; he immediately went to the police station and asked for the summons.

His Worship said Mason was liable to a fine of £SO or three months' imprisonment, but taking iiUo consideration Mr Grigor's statements, and also that he had not gained any profit, he would make the fine light. Fined £5. DEFENCE CASE. Willi.am Oswald Ludlow was charged with failing to attend a parade of Territorials, and pleaded that he had been under medical treatment for his eyes. Had not applied for leave; had a certificate showing that he had been under the doctor. He had been off work for about three'months.

Sergeant-Major Rowe appeared for the Defence Department and gave evidence of defendant's absence from parade. He had attended all other parades, and his record was satisfactory otherwise.

The magistrate said tho doctor's certificate did not show that parades would be bad for. defendant's eyes, but under the circumstances, and taking defendant's good record into consideration, he would only be convicted and ordered to pay costs.

EXEMPTION FROM TRAINING,

Dunn and Redding applied for a partial exemption from military training of a blacksmith in their employ—Robert Sims. Mr R. R. Stewart appeared for Messrs Dunn and Redding and Lieutenant Purdie for the Defence Department, Mr Stewart briefly outlined the cause for the application. Sims was the only journeyman general blacksmith in the iirm's employ, and if he was compelled to attend the annual camp in April it would be a great hardship. This man had attended all drills, and was by no means a shirker. Mr Redding, a late parftier in the firm, had been a blacksmith, and this had previously enabled Sims to attend camp, but circumstances were now altered by Mr Redding having left the firm. The linn had advertised for a smith, but could not get one. It would be a hardship to force this man camp, and would mean tljat this factory would have to cease work during that time. Robert Dunn, a member of the firfn, said they employed eight to 10 hands, and the effect of Sims having to go into, camp would be practically to make them close their shop. He gave evidence bearing out couusel's statements. To Lieutenant Purdie: Did not think there was another firm placed in the same, position. John Criehton, carrying on a filacksmith and wheelwright business in Balclutha, gave evidence as to tho difficulty of getting a general smith. Thought the statement that Dunn and Redding would have to stop work was perfectly reasonable.

Lieutenant Purdie said if this exemption was granted it would only be the thin end of the wedge. There would be dozens of applications for exemption all over. There would be plenty of others in the same position.

The magistrate said the regulations gave power to grant exemption in eases of undue hardship, and in- this case partial exemption only was aslted for.. He thought tho reasons advanced for the exemption were substantial. A num. ber of men would be thi'owii oiit bf employment and business held up, IPhtt employers had nlade all rftasonablfl efforts to get a nian, and tiierd Was M suggestion of shirking. It was a genuine case of hardship. Exemption granted from camps fot' oiie year. '

A HORSE-CLIPPER DISPUTE* George Heads, a minor, residing at Kaihiku, for whom Mr Gi-igol' appeared, sued Walter Aysou (Itaihikii) for 30s, value of a horse-clipper sold to defendant. Mr R. R. Stewart defended.

Mr Grigor outlined the evidence for plaintiff. George Heads, farm labourer, plaintiff, remembered defendant coming to him about clippers. Asked what he wanted for them, aud witness said 30s. Defendant said he would take them, and two or three days after got the clippers. Asked for money a eouple of months afterwards. Defendant said he had not got the money just then, but said something about some accident insurance money. Again aßked for money, and after about four months the clippers were thrown over the gate, i By Mr Stewart: Ayson told him he [was getting accident insurance money as he had broken his leg. Was quite clear it was a sale. Had been great friends with Ayson. Remembered borrowing Ayson's toidle. Got it from Ayson's taken it back of ,his ova, accord. Clippers were still lying at His gate. There was no trouble afeout' the bridle, bq hid ta&ea it

back without being asked to. do so. Maud Heads, sister of plaintiff, remembered Ayson calling for the clippers. The machine was in. the stable, but he came to the house for the blades. He said he had bought them. To Mr Stewart: Her brother.had also told her he had sold the clippers to Ayson. Never heard of any trouble about a bridle. Mr Stewart saSid the defence was an absolute denial. The plaiiitiff and defendant had beeu very friendly, and defendant had borrowed the clippers. It was only after the incident about the bridle that Ayson was asked to pay for the clippers. He had only the defendant to offer as witness, but he would Submit that his story was a reasonable one.

Walter Ayson,- farm servant at Kaihiku, said he did a good deal of horseclipping, and as his machine had broken down sent over to George Heads for a loan of his. Heads had previously had a loan of witness' machine from a neighbour, but could not get it to work. Only got the loan of Head's machine, and was told there was no hurry about returning it. There was 110 insurance money coming to him at all. Returned machine after he had a row with Heads over taking the use of a bridle—they had a good set-to over that. Left machine at gate because he was in charge of horses; Head's brother said it would be all right there, lie first got demand for :!0s two or three months after borrowing the clipper; before they had the row. Said he did not want the inachine, but would pay hire. By Mr Gri.gor: Was supposed to get us for clipping horses; only clipped four of liis father's horses with Heads' machine. Witness' own machine had been borrowed by Heads from their neighbour, Mr Fleming, but it was not in working order. There was 110 obligation on Heads to lend witness the clipper. Was not to get any insurance money. Admitted that he had had his leg broken, and that his father got insurance money and paid witness his wages. He kept the clipper for a month or six weeks after the row about the bridle.

The magistrate said it was purely a question as to the credibility of witnesses. He considered the probability of truth was with the plaintiff, and gave judgment for amount claimed, with costs 16s. CIVIL CASES. Judgment by default was given in the ioilowing cases:—M. T, Jaekmaii (Mr Grigor) v. A. Rein, £1! 6s Id and costs £1 us; W. Guest (Mr Grigor) v. Alex. Murray, £lO 7s and costs £1 2s 6d; W. Guest (Mr Grigor) v. C. Bragg, amount claimed had been paid but not costs, judgment for costs 16s;-P. Miller (Mr Grigor) v. Reginald D. Cook, £ls 16s and costs £1 lis 6d.