ELTHAM COURT

Hawera Star, Volume XLVI, 9 February 1927, Page 4

ELTHAM COURT

FORTNIGHTLY SITTING The fortnightly sitting of the Eltham Court was held before Mr R. W. Tate, S.M., yesterday. CIVIL CASES. Judgment for plaintiffs by. default was given in the following cases: Clare Bros. (Mr A. Chrystal) v. Martin Meuli, £9 6s 6d (costs £1 10s 6d); Huinga Meat Company (Mr Chrystal) v. L. Lewis, £1 17s 9d (costs 8s). ON LICENSED PREMISES. There was no appearance of Joseph Manley, labourer, who was charged with being on licensed premises during prohibited hours. Constable Townsend gave evidence that he visited the Eltham Hotel at 8.30 p.m. on January 24, where he saw Manley and questioned bis right to be there. The latter admitted having no business in the hotel at that hour. He was fined 10s and costs 10s. UNLIGHTED CAR IN STREET. On the information of Constable Townsend, Laurie Collins, a youth of 19, residing at Stratford, and who did not appear, was charged with leaving a motor-car unlighted in Bridge Street West from 8 p.m. to midnight on January 22. The constable gave evidence that the unlighted car was a menace to traffic and he had been obliged to remove it.

A penalty of 20s witb 10s costs was imposed FIGHTING AT HOTEL. Jumbo Hori and W. Hori, two Maoris, who did not apepar, were each fined 10s with 10s costs for participation in a breach of the peace on the Eltham Hotel premises on January 17. Constable Townsend deposed to the Maoris being concerned with one Midgley (who had been dealt with at the last sitting of the court) in a fight at the premises named. He had been unable to serve the summons on the brothers earlier in consequence „of their absence from the immediate neighbourhood.

DISREGARD OF ROAD RULE. On the information of Constable Townsend, W. Feakins, a resident of Dannevirke, was charged with turning his motor-cycle from Bridge Street into High Street on the wrong side on January 2. There was no appearance of defendant, who wrote from Dannevirke admitting the offence and stating that his ignorance of the locality and by-laws had already cost him £2O for repairs to a ear with which he collided after rounding the corner. The Magistrate considered that the cyclist had paid dearly for his error, and in view of the circumstances would enter a conviction and order him to pay 16s costs. MOTOR-CYCLIST DEPRIVED OF LICENSE.

Samuel White, a grocer's assistant, aged 16 years, appeared to answer a charge of exceeding the speed limit within the borough on February 1. Mr St. L. Reeves appeared on behalf of .the Borough Council and pressed for a cancellation of White's license. With this end in view the charge had been laid under the Motor Vehicles Act instead of being classed as a breach of the iby-laws. The defendant possessed a very speedy 3§ h.p. racing cycle and apparently failed to appreciate the fact that he was rapidly becoming a menace to the public safety. The offence preferred against him took place in the vicinity of a public school and through a fairly dense residential area, in a portion of which his speed was estimated at over 60 miles per hour. He ignored repeated t warnings^

from the borough inspector. In reply to questions by the Magistrate, defendant stated that he had purchased the cycle at a reasonable price and admitted having previously been before the court on a similar charge. Mr Tate advised him to sell the machine at a reasonable price because, as he (the Magistrate) intended cancelling his license and debarring him from obtaining another license for three years from date, it would not be of much use to him. A conviction was entered and an order made for payment of 10s costs.

MAORI YOUTH IN TROUBLE. James Hastings Royce Corora Tip a, a young Maori of 18 years, whose diminutive stature belied his age, was charged, on the information of Constable O’Donoghue, with having, on February 3, forged the name of Maurice Rogers, Mangatoki, to a cheque on the Bank of Hew Zealand, Eltham, for £2 10s, and with having uttered the same to Joseph Hey, fruiterer, of Kaponga. He was arrested at Mangatoki by Constable O’Donoghue, who asked for a remand for 14 days. Bail was allowed on the constable’s assurance that a resident of Mangatoki had agreed to take charge of the youth.

CLAIM FOR DAMAGES UPHELD. Charles Newson, of Eltham, claimed from George C. Reid, farmer, Stuart Road, the sum of £34 15s as damages for breach of contract and £1 16s lOd out-of-pocket expenses. Mr D. Clement appeared for plaintiff and Mr A. Chrystal for defendant. Plaintiff said that he had entered into an agreement with Reid to take v charge of the latter’s draught stallion Baron Newton for the season on a basis * of a weekly wage and commission. In December last he was off duty for two days on account of illness, and Reid undertook to engage a substitute until he could resume work. Upon his recovery, however, the latter dismissed him on the ground of neglect of duty and disregard of instructions. The ease occupied the attention of the court for a considerable time and was productive of lengthy crossexaminations by counsel on either side. Judgment was given for plaintiff for £lB 11s lOd and £4 18s costs.