MAGISTRATE’S COURT

Hawera Star, Volume XLVIII, 2 April 1925, Page 4

MAGISTRATE’S COURT

POLICE CASES HEARD

SEVERE PENALTIES IMPOSED

i A lengthy list of police cases was dealt with -at the Hawera Magistrate’s Court to-dnv bv Mr J. S. Barton, S.M. * *

PROHIBITION ORDER BROKEN. Henry Kawana was charged with a breach of his prohibition order. Constable Pidgeon said j that on March 4 at about 4 p.m. he ' visited Kawana’s residence. He found Kawana and a man named Scott with a bottle of beer beside them. Kawana admitted .having had a glass, .whereupon witness had asked him'-, if he was prohibited. “By, korry, that the hard luck, I am,” replied the native. In reply to the magistrate, Sergeant Henry said that defendant had been observing the terms of his order fairly well. ...

A fine of £l, with 7s court costs and 5s translation fee, was inflicted. , In connection with the same circumstances, John Duncan Scott, who was described by the police as an associate with natives and well known around Hawera, was charged with supplying liquor to a native within a proclaimed area. Scott, it was stated by the police, had admitted to Constable Pidgeon that he supplied the bottle of beer in question. Sergeant Henry said that the. police experienced great difficulty in getting information from natives found in the possession of liquor. Only last Saturday the police had found a native in possession of a demijohn of beer containing two gallons. When asked where fie had got it the Maori replied that he- had found it in his car, and, said the sergeant, nothing would move him from that story. Mr Brodie, for defendant, said that Scott had given the Maori the beer referred to in the charge, as the , native was suffering from a slight ailment. Only one glass of beer had been imbibed. and when the constable arrived the two were drinking hot water, as there was no tea in the house. It was not a_ case where a person had definitely laid himself out to take liquor into a r>a.

Sergeant Henry said that the Maori had had a boil, but he did not think it had been so severe that a glass of beer was necessary. Scott had been suspected hv the police for three or four years. His Worship said it was a serious thing to take linupr into a pa. and defendant- would be fined £ls. with 7s court costs, and 8s expenses of service. RAILWAY CROSSING INCIDENT.

Arthur Henry Guy was charged (1) that he drove over the Mountain road railway crossing' near Tariki when an engine and carriages were within half a mile; (2) that- he drove over the crossing mentioned at more than 10 miles per hour ; (3) that he drove over the ciosisng mentioned when the line was not clear.

Air Houston, for defendant, pleaded guilty to all three charges. Mr Spratt, lor the Department, said that the defendant, who was a representative of Newton* King, Ltd., had driven across the line at between 25 find 30 miles an hour , when the train was only 15 yards away. The car had been travelling north, and the driver had had u clear view of the oncoming train.

Mr Houston said that- defendant had had ten years’ driving experience. There was a cutting 8J chains from the crossing, and therefore it was impossible for 6 im to see a..train half a mile away. ►ef-endant was too close ;to the rails to pull up when he saw the train come -out of the* cutting. His Worship: How do you account for the. statement; that defendant, crossed the line 15 yards in front of the train. 1 '

Mr Houstoiy replied ..that, the distance was much more than 15 yards, but defendant could not succeed in the face qj. such evidence Mr Spratt could bring if a- plea of “not guilty” were entered. His Worship said he had a plea of “guilty” before him, and', he had to take the evidence nut forward by the Department. It had to bo; remembered that every time the brakes weie applied in such eases and a/mail train pulled up it cost the Department £25 in depreciation. Defendant would be fined £5. with Js court costs, and three guineas Crown Prosecutor’s fees. SPEEDING AT WANGANUI.

Francis Lacev, motor salesman, of Hawera, who was charged with speeding on the Great North Road, Wanganui, and whose case had been adjourned from Wanganui in order that he might be iieard here, -was before the court. Mfi Houston,.for defendant, said that the first intimation that Lacey had had of the offence was 24 days after the date mentioned in the summons. It was true, however, that ou the date in question defendant had brought a new car through Irom Wellington, and his average speed for the journey was If) miles per hour. Defendant was an experienced driver, * and was driving a make of car fitted - with four-wheel brakes.

His Worship said it- had been proved on the evidence that defendant had been driving at 30 miles per hour over the portion of the road in question. A' line of £2 and 7s costs would be imposed. TOWN BOARD’S WARNING.

A., C. McDonnell, who did not appear, was charged on three counts with allowing two race horses to stray on the roads at Normanby’. Mr. Bavlev, for the Normanby Town Board, said the cases were -being brought as a warning. A fine 'of 5s with 7s court costs, 8s witnesses expenses and 10s 6d solicitor’s fee was inflicted

C. Mcßeth pleaded guilty to two charges in respect of straying horses at Normanbv.

Mr. Brodie, for defendant, drew' attention to the great area of grassed streets at Normanby,- and added that for some time the Town Board had not been t&Jdng any notice of straying stock, A fine of Is with 7s court costs and 10s 6d solicitor’s fee was imrbsed.

Matthew Duggan, who did not nppear, was fined £1 and 7s court costs for allowing n car 'lo stand without lights attached in the main street at Normanbv. i

Civns. Andrews was charged with driving a motor car across, an intersection at. Normanby at a speed dangerous to the public. Defendant, had been endeavouring to pass a Ford car, and in so doing his speed had been estimated by Constable Fidgeon at from 25’to 30 miles per hour. Defendant pleaded guilty, but did not consider that his speed had been as stated! Before he had reached Normanby lie had attempted to; pass another car, but he had been forced, off on to the side and had not been given any road. He attempted to pass the car under tire lights Jit Normanby in orde.r to see who, the driver of the other vehicle was. ’ . * • His Worship said that if any person did not drive safely and cautiously they might easily get into a dangerous position. Under the new Act very severe penalties were provided for; Defendant was asked to produce his driver’se license, and it was returned to him after a fine, of 30s and 7s court costs had been imposed.