Grey Businessman In Court: Crates Left On Footpath

Greymouth Evening Star, 9 November 1949, Page 2

Grey Businessman In Court: Crates Left On Footpath

The presence of some of his wares on the footpath outside his shop led to the prosecution of a Greymouth businessman today. The defendant was Ewart Vincent Arthur, auctioneer and vegetable mart proprietor, who, in the Magistrate’s Court pleaded guilty to a charge that on September 30 he left lying in a public place (Guinness street) three crates of plants. The charge was laid by the Greymouth Borough Council’s inspector of nuisances, Mr J. Guerin, who was represented by Mr C. R. McGinley. “This is the first case of its kind in Greymouth, and the council desires no more than a nominal penalty,” stated Mr McGinley. He added that the crates of plants had been placed on the footpath outside defendant’s shop. Defendant stated.that he was in a fairly big way of business, and, on the date of the offence, there was a big crowd of people in the shop, and he had not found time to bring the crates inside. They had been left on the footpath near the glitter, by a carrier, he claimed, and were not out there for sale purposes.

“Is this practice common in Greymouth?” asked the Magistrate, Mr E. A. Lee S.M., but Mr McGinley replied that it was not common for goods to be left on display on footpaths, other than in shop doorways. A conviction was entered, and the defendant, was ordered to pay court costs of 10s, and solicitor’s fee of £1 Is. PUBLICANS FINED Charges of selling liquor after hours were preferred against two Grey district publicans, in the Magistrate’s Court at Greymouth this morning. Alexander McDonald (Mr C. R. McGinley)'pleaded guilty to a charge of selling liquor after hours (at 11.50 p.m.) at the Dominion Hotel, Blackball, on October 18, was convicted and fined £4 and costs 10s. A similar fine was imposed on Trevor William Gifford, licensed of the Suburban Hotel, Greymouth (Mr McGinley) who admitted after-hours trading (at--0.45 a.m.) on October 29. Two men found unlawfully on the premises of the Dominion Hotel, Blackball, and six men found at the Suburban Hotel were each convicted and fined 10s with 10s costs.

rifle in your hands? Do you deny that? Witness: Yes, I deny it. Mr McGinley: Are you sure that Smart did not have his licence halfway out of his pocket when you said, “I know you have got your licence?” ,

Witness: At the moment I did not know whether either ' had his licence. I had to check up. • , The witness added that he was not hiding in the scrub. There was scrub everywhere and a person could not be seen from any part of the lake unless he got out into the water. Defendant’s Version / “When Rodgers’s son came over to collect us, he told us that Mr Roigard was waiting for us to come in,” said the defendant Smart. When the boat returned to the shore Roigard would have been about 15 yard# away, and he definitely had a rifle in his hands. There was no reference made to licences apart from the fact that he (Smart) had said that he had his licence on him and had unbuttoned his coat to get the licence. There was an altercation between Rodgers and Roigard,, he added. Mr Kitchingham: Why did Rodgers “fly off the handle” if there was no reference to licences or to the game bag. Witness: I don’t know. The Magistrate: Do you think Rodgers’s offer to throw liim in the lake was just a friendly gesture? Witness: Rodgers Was probably wild because Roigard was waiting on him. The Magistrate: You know the duties of a ranger. Why did you not intervene and say “lay off”? Surely a ranger should be protected against this sort of thing, and yet you let it go on. “Never In Trouble” Rodgers in evidence also stated that the ranger had definitely not asked for his licence; otherwise he would have produced it. “I have been shooting on this lake for 40 years and I have never been in trouble before. I got wild at Roigard for hiding himself in the flax.” He stated that there was no bag that he knew of in the boat. He gave evidence' along similar lines to Smart. The Magistrate: Why did you .not ask Roigard why he was in the scrub? You have not much use for Roigard, have you?' Witness: No, I haven’t. UNLAWFUL CUTTING OF TIMBER COSTS NGAHERE MAN £23

A charge of unlawfully cutting a quantity of silver pine (250 pieces) and kawhaka timber (eight pieces) in State Forest 33, at or near Bell Hill plain in the Grey County, was preferred against Maurice Moore, of Ngahere, formerly a timber-cutter and hotelkeeper in the Magistrate’s Court at Greymouth this morning. Through his counsel, Mr W, D. Taylor, he pleaded guilty and elected to be dealt with summarily. Prosecuting on the. charge, Mr F. A. Kitchingham said the defendant had been found by a ranger cutting in an area away from any held by him. His timber stacks were seized and Mr Kitchingham pointed out this was the first case of its kind on the West Coasit in which the question of vesting the timber concerned was involved.

In answer to the. Magistrate, Mr E. A. Lee, 3.M., Mr Kitchingham agreed that the Act under which the prosecution had been laid had been totally repealed, but stated tliat this did not come into force until January 1, 1950. Reference to the defendant’s good record, he having been a timbercutter for 25 years without having been before the court, was made by Mr Taylor. He added that the defendant had had areas around this patch of bush and had realised that iinlesfl he took the timber there in; the course of his activities in thc», section it would never be taken. The defence had been deliberate, but he would have regard to the defendant’s good record, said the Magistrate. In entering a conviction and imposing a fine of £5, he pointed' out that the defendant was liable to a £lOO fine., The defendant was also ordered .to pay double royalty amounting to £l5 9s 6d, sosilictor’s fee £2 2s<, and costs 10s. An order was made, by consent, vesting in the defendant the timber seized. Prohibited Man Is Fined For Drinking Alleged disobedience of a prohibition order on October 1 was denied' by William George Muir, of Greymouth, in the Magistrate’s Court at Greymouth, this morning. The defendant was named as being responsible for a disturbance in the Central Cafe, to which the police had been summoned by a telephone message received at the station, stated Constable T. Morrison, giving evidence. The defendant had disappeared but was located in the street five minutes later. He had obviously consumed a considerable amount of liquor, but was not drunk—just in an advanced state of intoxication. He would state where he had obtained the liquor, and said he had been at Kumara during the day. Similar evidence was given by Constable J. de Goldi, who said the defendant had not been drunk enough to be locked up. Stating that he had been at Kumara all day and had not had a drink, the defendant claimed that the police witnesses were not telling the truth. He said he had not been responsible for the incident in the cafe. The defendant was convicted and a fine of £1 (10s costs) was imposed by Mr E. A. Lee, S.M. ONE MONTH’S GAOL FOR SHIP DESERTER For deserting his ship, s.s. Mahana, at. Lyttelton, eight days ago, a Welsh seaman, .Tames Stephen Davies, aged '4l, was sentenced to one month’s imprisonment by Mr E. A. Lee, S.M., in the Magistrate’s Court at Greymouth this morning. Davies, who appeared on remand, pleaded guilty. The accused came directly to the Went Coast, but had enough money only for one night here,' so he gave himself up, said Senior-Sergeant R. C. Mcßobie. The ship had now left New Zealand. The seriousness and frequency of the offence were stressed by the Senior-Sergeant. Civil Claims Heard I On a judgment summons order, H. J. Shaw, who did not appear, was ordered | to' pay £2 13s forthwith to Beck’s Ltd. I in default three days’ imprisonment, in ■ the Magistrate’s Court at Greymouth 'this morning. i R, Beams was ordered to pay £4 13s lid forthwith to K’s Cash Stores, in de1 fault six days’ imprisonment. >