GREY MAGISTRATE'S COURT

Greymouth Evening Star, 27 January 1914, Page 3

GREY MAGISTRATE'S COURT

MONDAY' AFTERNOON SITTING

(Bofode Mi' J- < ; . L - Hewitt, SAL)

OBSCENE LANGUAGI

Harry Gibbons was charged that on til.7th. January, between Hokitika and Greymonth '■■•' did use obscene language in a •:....;..-.■ c! the 8 p.m. train to Grey-

mouth! Defendant was further charged that, on'the same date, he did obstruct Guard Quinn in the execution of his duty. Mr Joyce appeared on behalf of the defendant, who pleaded guilty to both charges.

Patrick Quinn, guard on the train in question, .stated that the offences wore committed on the Jubilee excursion train. Gibbons was lying on one of the carriage seats and appeared in a stupid conditio:; when asked for his Tail way ticket. The i'lefcndn.Tit used the words complained of when being shook up for his pass. He could not find his ticket at first, bill after being put off the train at a .side station ho afterwards discovered his ticket.

His Worship said that since the holidays he felt more than ever that, something should be done to put down oddi behaviour in public trains. He .himself had been travelling on the train, and w,v, satisfied drastic measures were needed in the interests of the public in .such cases. Fines in the past had been made fairly heavy in such cases, but they would ap pear to have been insufficient as a deterrent or a warning to others. The plea of drunkenness was invariably set up, but drunkenness was no excuse. Accused would be fined £lO.

INSULTING LANGUAGE. William W. Orr was charged that on the sth December he did use insulting language to wit, "I will put this stone through you, you b b — ." Sergeant Egan conducted the case for the police and Mr M. Hannan appeared on behalf of the defendant.

John Campbell, engine-driver, stated that on the sth December lie was shunting preparatory to going on to the wharf. The defendant came along on his horse and defied the witnes to shift him from the crossing. Witness was then waiting for his fireman. When the latter came up he gave the signal and drove the engine out. The defendant had been on the crossing for some time and had had ample time to pass before the engine shunted out. The defendant got off hi: horse and picked up a stone, and the). used the language complained of. To Mr Hannan : Witness knew nothing-, of a piece of waste being thrown at de f'endant or words used to the effect ol "Stick the spurs into him," "Screw his tail," etc. To Sergeant Egan: It was not the driver's fault if trains were brought, up over the crossing. The driver had to await signals before moving. Albert James Olsen, fireman, said he heard the disturbance on the sth December. He did not notice the defendant"? horse to be restless. Defendant's ho"M was standing on the crossing when the engine was brought along and whistled.

To Mr Hannan: There were other engines about. Witness was not on the engine, nor did he blow the whistle; before the driver came. The defendant picked up the stone as soon as he jumped off the horse. Defendant was threatening the driver. The engine was on the move when the language was used, and had been on the move for about a minute. Thomas C. W. Gregg, clerk in the Railway Department, said he was proceeding to dinner at about 1 o'clock. The engine gave three short whistles. Orr jumped off his horse, which appeared to be a bit flighty, and witness called out "steady" to defendant. The horse started to "per form" after whistles, but witness did not notice anything before that. It was necessary to blow the whtetH according to regulations, before going over a crossing with an engine. To Mr Hannan: The defendant had been into the local office to make complaints on previous occasions. Witness did not know the nature of the complaints. He had, however, heard defendant comnlain nf tapping at the window. This closed the case for the prosecution. Mr Hannan submitted that the inform, ation as laid could not liej as there were no allegations or proof of "passers-by" as indicated in the particular section of the Police Offences Act under which the charge was laid His Worship ruled that there were "passers-by" within the meaning of the section.

William Orr, the defendant, said he was an insurance agent, residing o>. Omoto Road. On the sth December he approached the crossing at about 12.45. He had a fractious horse. Someone blow the whistle deliberately, and his horse swerved towards the wharf and over the rails. A second attempt was about to be made to frighten his horse when a person (the fireman, he thought) was about to pull the string and again blow the whistle, whereupon /witness dismounted and used the language. He would admit he picked up a stone and called the men a lot of cowards, but denied using the words in the charge. When lie saw the fireman crawling up to get on the cab to blow the whistle he got off his horse and picked up the stone and threatened ■ him. Witness said 'ho had been previously annoyed when passins the sheds and had complained to the railway officials more than once. Witness .said he did not level the words at

•'><• mail Campbell, the driver, but at the I man who was about to pfill tlic; wjiistlc I the second time. The first engine went lio tlie water tank. Witness bad nothing I to .say against the driver of that engine; it i was againsv the blowing of a whistle on ! a standing engine that he objected to. I His Worship said a man who could use | such language as complained of could exi pect anything. He believed the defendj ant, in an excited state, used the language and had diluted it at an engine j driver who did not deserve it. It had | to be considered that the language had j been used in a public place. Defendant I would be. convicted and fined £l. J A PARTY TO A FIGHT. I Patrick Flaherty was charged that on | the 7th December he did commit a breach j of *jo peace by indulging in a fight with ! n. man named Shaw, at Waiuta, who had | aldeady 1/cen convicted and fincoT. | After hearing the evidence of Constable • FishcT, defendant, who did not appear, ! was filial 30s. | THEFT OF A BICYCLE. Thomas John Felkm wan charged with stealing a bicycle at Waiuta. on the 18th October. The m:.. :ine was valued at £7 and was the property of Cyril Robert Cockburn. Mr Joyce apf. .."VI for f!ifcndnnt, who nd-o/j to be dealt with summarily. Defendant pleaded guilty. Counsel slated the defendant baa taken the bicycle with no intention of stealing it, and having been accosted.by the police had at first denied his guilt, as he was ashamed of having taken the machine. The defendant, in reply to the Magistrate, said he had only taken the bicycle for a lend. His Worship convicted the accused and ordered him to come up for sentence when called upon, the police to report every three months as to his future conduct for a period of twelve months. BY-LAW CASES. Walter Brown was charged that on the 26th October, at Greymouth, he did drive a motor cycle round the corner of Tainui and Mackay streets at other than a walking pace, also with a similar offence on the same date round Mawhera Quay and Tainui street corner. There was no appearance of defendant, who was fined 15s on each charge. Walter Jackson was charged that on the 10th November, at Greymouth, he did leave a hansom cab unattended in Tainui street. Defendant pleaded guilty and was fined [los. j Thomas Jamieson was charged that on ! the 20th January he did drive a bicycle j on a footpath in Cowper street. There was no appearance of defendant. who was convicted on the evidence of Constable O'Grady and fined 10s. WANDERING CATTLE. William Williams and Fred Williams were charged that on the 25th December, at Wallsend (Brunnerton) they were the owners of two horses found trespassing on the railway, they having been previously fined £2 for a similar offence. John Cooke, ganger, having given e'vi. dence the defendants were convicted and fined £3. RAILWAY TRESPASS. David Burt was charged with, trespassing on the railway line at Runanga, along what is known as the cutting on the sth January. Defendant, who did not appear, was fined 10s. MAINTENANCE. In the case Campbell (Mr Murdoch) v. Campbell (Mr Joyce), an application for variation of maintenance order was granted in the direction of waiving amount of sureties previously fixed and defendant released from custody. In an affiliation case Ernest Mallet was adjudged the father of an illegitimate child and amount of order and securities fixed.