MAGISTRATE’S COURT.

Hawera Star, Volume XLVI, 28 April 1927, Page 9

MAGISTRATE’S COURT.

HAWERA BUSINESS. At the Magistrate’s Court at Hawerai to-day the undermentioned cases were dealt with by the Magistrate, Mr J. S. Barton: “CUTTING THE CORNER.” Sergeant Henry said that the practice of “cutting the corner” was becoming frequent in Hawera. There were, two prosecutions on this account. ■ James Bartlett pleaded guilty to a charge of failing to keep a. motor lorry to the left-hand side of the street. Sergeant Henry said the offence occurred on the corner of Wilson and 1 High streets. A collision took place with a motor cycle, on account of defendant not allowing enough room. The Magistrate said that the case was not a bad one, but a breach of the by-law had been committed. A fine of 10s and costs 10s was imposed. R. B. Chubb did not appear immediately when charged with a similar offence 011 the corner of Morrissey street and South road. Later defendant appeared, and when reminded that he had been due to appear at 9 a.m. he said die had come 25 miles and had 1 25 cows to milk. Constable Lemin described the offence. Defendant cut tlie corner very sharply, and his excuse was that the sun was inf his eyes. Defendant said the circumstances were as described, and lie was fined 30s and 10s costs. UNLICENSED DRIVERS.

For driving a car at Normanby without a. license, R. E. Bulmer, wlio entered a written plea l of guilty, was fined £1 and 10s costs. On a charge of leaving a oar at Normanby with no light attached, the same defendant was fined 7is> 6d and costs 10s. In connection, with the latter case, Constable Pidgeon stated that' the offeiice occurred .at a dance, the car being left outside on the road. It was, however, a well-lighted locality.

OFFENDING CYCLISTS. The borough inspector (Mr L. Hunt) proceeded against A. Matheson for riding on tlie footpath on Glover road. A written plea, of guilty was entered. A fine of 25s was imposed, with costs 10s. The inspector said that, despite heavy fines, riding on the footpath was still going on. Two children had been knocked 1 down recently by cyclists riding on the footpath in the locality where the above offence occurred.

For riding a bicycle in Wilson street at night without a. light, I. A. Parsed was fined £1 and costs 10s. ADMITTED TO PROBATION.

Paoi lloia, a Maori youth; aged 17 years, of Kapouga, appeared for 'sentence on a charge of the theft of £6, the property of Alois Eirhler; aind £2, the property of L. ■Chamberlain. The Magistrate stated that the accused was fortunate in that the imports of his employer and of the welfare officer wore favourable. He cautioned accused that there might he: some moral weakness which prevented him reaalising the seriousness of theft. If accused did not take advantage of the chance which would be offered to him he would be in danger of finding himself sent away to prison. Roia was admitted, to probation until 'ha came of age, restitution of the money to be made.

BREACHES OF LICENSING ACT. Four charges arising out of one case were heard together. Rose Buckland was charged with accompanying a prohibited person into licensed premises on April 22 : George Baldwin, with accompanying .a prohibited person into licensed* premises, and with procuring liquor for a prohibited person; Stanley George Harwood, with, being » prohibited person, entering licensed premises. Defendant Rose Buckland wa,s the mother of Harwood, and the sister of Baldwin.

In the course of the case, the evidence disclosed that defendant Harwood had been released from prison under probation. i The Magistrate isaid he presumed the release under probation, was made by the Prisons Board. Mr P. O’Dea, who appeared for all three defendants, said it seemed to be a general policy in such cases to stipulate that parsons released should take out prohibition orders against themselves. There was, said Mr O’Dea, no suggestion that Harwood was an intemperate young man. Sergeant Henry said that he had been .surprised to hear that Harwood was prohibited, because he had given no in that respect in Hawera. The police evidence was to the effect that on April 22, Constable Mullan saw defendants go into .a hotel in Hawera. Sergeant Henry accompanied the constable to a room in the. hotel where: the three defendants were found with three .small whisky glasses. The door was locked. They had been served with drink. Defendants said they had been, unaware that Harwood was prohibited. ' ... Constable Mullan stated that has attention, was drawn to the occurrence by gesticulations of the party at the main entrance to the hotel, after which Harwood entered the premises' from the rear. The defence maintained that neither Harwood’s: mother nor his uncle knew that the younger man was prohibited. The door was hard to open, but was not locked. Harwood’s mother said she had never seen her boy under the. influence of liquor. She and her husband were temperate. It would not be likely that she would bad she known her son wa.s prohibited, have allowed him to walk into a trap. She had not had any conversation with her son regarding his release from prison. Harwood said he told nobody regarding the orqhibition order taken out against him. Mr O’Dea sand that the charges against Baldwin and Mrs Buckland should be dismissed. _ The Magistrate said he accepted the constable’s evidence that Baldwin waved his hand indicating the rear of the premises. Harwood went up the fine escape at the hotel. Baldwin and Mrs Buckland entered from the front entrance. The Magistrate said he dis-

believed the evidence of the defendant when it was in conflict with that of the; constable. The offences of Baldwin and Mrs Buckland were not so serious as that of Harwood, who really should go back to the judge of the Supreme Court on the Pinsons Board, whose probation he had flouted. However, the Magistrate, had power to deal with the case. Harwood was. convicted and fined £3 and 10s for entering licensed .premises, and £3 and 10s for procuring liquor, in default one month’s imprisonment. A fortnight was allowed in which to pay. Baldwin was fined £1 and 10s on each of the two charges against him; and Mrs Buckland £1 and 10s. DISOBEDIENCE OF MAINTENANCE ORDER.

John S. O’Keeffe, for disobedience of a maintenance order (arrears £6 17s) was convicted, and sentenced to 14= days’ imprisonment, to be released on payment of £7. Costs (£2 2s) were allowed NO REFLECTOR ON BICYCLE. An offender, for riding a bicycle without a red reflector at the rear of it, made a voluntary appearance, charged under the Licensed Vehicles Act, 1926. Sergeant Henry explained that the legislation required a reflector so placed as to throw a strong red light to the rear. The police had inspected various riders ’ bicycles, but the defendant was the only one who had been caught. He was a very careful person. The magistrate said he had better go before the bench changed its mind. The case was treated as a warning. MOTOR AND CYCLE COLLISION. The police proceeded against Thomas Elliott for negligently driving a irfotor car on Waihi Road; and Lance Harding, for failing, when riding a bicycle, to allow the driver of another vehicle, desirous of passing, to pass on the right or off-side. The ease arose out of a collision between Harding and Elliott. Mr. P. O. ’Dea appeared for Harding, and Mr. J. Houston for Elliott. Constable Mullan stated that he had been called to the scene of the accident. He took the statements of the parties concerned. Witness tried the brakes on Elliott’s car, and found them to be weak. Lance Harding said that, on the day of the accident he. was riding on the Waihi Road with his two brothers. He heard the car approaching from the rear. He went to the right of the road. The car passed. Ho heard a second one coming. His back wheel skidded in the gravel, and he stopped, resting with one foot on the ground, on the edge of the tar-sealed road. Witness was hit by the second motor. He did not try and cross over to the other side of the road before the second car came past. He was pushed before the car for some distance. He was breathless, as the car wheel was pressing on him. lies face was' in the gravel when the car stopped. When hit, he felt that he was lifted up in the air. His clothes were torn, his face covered with gravel rash, and he had two contusions of the knee. Witness heard no horn. The first car went past at 25 or 30 miles an li our. To the magistrate: If lie had gone to the left when the first car came along he would have been hit by it.

The three riders were abreast, with witness on the right.- There was no time for witness to get to the left. The first car kept to the centre of the road. The cyclists were riding at a quick walking paceproceeding.)