NAPIER MAGISTRATE’S COURT.

Hawke's Bay Tribune, Volume I, Issue 9, 21 December 1910, Page 9

NAPIER MAGISTRATE’S COURT.

T- r ~'’ . (Before Mr. X. E. M.-barchy. S.M.) BR EA CH E > *i F T KII FA <TO R Y A-.. I. Oo ’’ > , ' ine Inspector <>f George Kelly (mar: ag e r of t i:>.■ H. I’. I anw-rs’ Cooperative Asx'oat inn, Ltd..) was charged with m-iac the occupier of a shop within the of the Shops and Oril. es Act. 1908, and did employ moployt es after 6 p.m. Mr. Murdoch appeared for the accused. and stated that these men had been working shorter hours than in a. shop. Mr. Gohns -aid the facts were not correct. TL<- H.B. Farmers’ Co-operative Association. Ltd., had been registered under the Act, and had for several years been carrying on both retail and wholesale work. In Starion Street they had started a shop in competition with the others in the neighbourhood. He entered the shop at 8.-10, and found work being carried on. Foi’ several weeks these men had been working overtime and had not received extra pay. The hours workel on the previous week were 71 hours overtime, and the week in which they were caught also exceeded the 52 hours prescribed by the Act. Mr Ghoris said this ease was one that should be dealt with. Mr. Muri lock, for the defence, stated that the employees were not t » be worked over 52 hours in the week. On Saturday they had got away at 5.30, and had not to come back at nights as they would have had to do in other shops. The work that they were doing was stocktaking and preparing for the next day’s work. Air. Gohns stated that was the reason they granted permits. Fined 20 shillings and 7 shillings costs. ASSAULT CASE. Joseph Bailey, with several aliases, was charged on the information of the Police with assaulting Nathanial Pirani. The facts of the ease were that accused, while in a state of intoxication, got on the step of the Spit ’bus, and once to prevent himself from falling gripped one of the ladies, receiving a slap in the face for his trouble. Near the Breakwater Bailey's behaviour became worse, and Pirani stopped the ’bus. Bailey then struck Pirani, who had a child in hi< arms, a severe blow on the eye, which caused it to be discoloured for a week, and he used coarse language at the same time. Mr Dolan stated in extenuation that these deeds were done while ir> a state of intoxication. His Worship said that Bailey’s action in striking a man with a child in his arms was indefensible, and he would be fined £5, in default one month’s imprisonment. The defendant was allowed one month in which to pay the fine. PROCURING LIQUOR.

On the information of the Police Rangi Manaena was charged with procuring liquor during the currency of a prohibition order. The defendant, it appears, had b?en shearing, and went into the Puketapu hotel for lunch, and then took drink. He was convicted and fined B's. and 10s. costs. T H REATENING BEHAVIOUR. Henry Morrison and J. McCarthy were charged with using threatening behaviour in a public place, to wit. Hastings Street. Mr Dolan appeared for the defence. In the ease of .McCarthy lie pleaded guilty, ami i.i lite case of Morrison not u-uilty. McCarthy, very properly sai'i I .hat Jie was the agressor. but imd acted w idle in a state of iid o:< :<-ai ion. He was (oinirii-ii and fined 2ns., in defat:’. 7 oy.iiapnwiniiicnt. A fortnight was cd in which to y:iy the fii.m •Joseph Farrell wtts charged with pioettring liquor during ti:e t nrr< ncy of a proinUt ion order. Mr Dolan appears d ior the ae- ' t'sed. H c salt; ;mat the defendant had a uiie ami two eltihiren. a iin-i which would not go far in the mitigation <jf liis cfH-nc<*. but he asked itts \\ orsiiip for leniency, as a line would only cause the family to suiter. His Woiship said lie would give the man a chance. Lut on aceouitt of st \ era] other offens es of a similar character be would have to s-'-me up tor ss liten-.-s' w hen called upon. If he aj.psared aaain on a •Large of drunkenns-ss he would i,e sent to Pataka. MAINTENANCE. Isaac Kent pr< a-ee ded against :i-> three sons fs>r failing to provide ■ im with adequate maintenance, h'r. Cresswell appeared for the omplainant. and Mr. Lusk for the ’.eismdants. Mr. Lusk applied for ri adjournment so that the evi-lem-e of the defendants, who live Mairoa. should be taken at that -lace. Adjournment granted. ;

John McNaughton was brought before the Court for failing to contribute to the support of his son, who was an inmate of the Industrial School. McNaughton stated that he was a stevedore, and on an average earned £2 per week. At the present time lie did not have to support either his wife or his family, who were down at the Bluff. For the last six months he had only to pay his rent and pay for his food. His Worship said that he saw no reason why the State should support his child, and Le was easily able to contribute 7s Od a week towards his son’s upkeep. DESERTION. J. Andreas Mayland was charged wutli desertion from his ship. Air Lusk, appearing for defendant, stated that the ship-owners, as the vessel had left New’ Zealand waters, had no desire to press the charge. Accused was convicted and discharged. There were three other cases of a similar nature, but the warrants were not executed. RABBIT ACT BREACH. The next case w’as with regard to failing to keep down rabbits. Air Dolan appeared for the accused Consideration of the legal poin s will be taken at 2.15 this after noon. Air Dolan said he would call a witness to show the best time for rabbit poisoning. Air Farrelly w r as a witness who had had considerable farming experience in combating the rabbit nt. sance. He stated that the proper season for po soiling was not latei than August. October and N<< ember were not suitable seasons for poisoning. July aid August were the best ncn hs in the year. He said that in the Wairarapa they bad rabbits whiie they had inspectors, but when so much was given per skin there woe very few rabbits, and it won.d I e difficult to find one rabbit in that district at the present time. AV. Farrelly was charged with failing to destroy rabbits. The evidence was heard at Hastings on December 9. Witness said h? took up a Government section on September 7th. On September li‘ he received notice to destroy rabbits. On sth December he w’as summoned for not doing so. Air Dolan addressed the Court. He said William Farrelly, on the date upon which the information was filed, and prior thereto, was not the owner of private land within the meaning of the Rabbit Nuisance Act. This involved two questions: The meaning of the term ’ owners’’ and “lands.” Air Dolan quoted several enactments to show that Atr Farrelly was not the legal owner of the land at the time the prosecution was made. Merely being in possession does not satisfy the provisions of the Rabbit Act. The three Rabbit Inspectors who were brought forward as witnesses disagreed as to the best season for poisoning.

Air Cornford said that he admired the dexterity of his learned opponent when going over very thin ice, but submitted that he had to use a colloquialism, knocked the bottom out of his ease. Air Farrelly was in possession, and Mr Cornford read the Land Board’s license to enter into possession. If Mr Dolan’s law' was correct. Air. Farrelly had no estate at all. yet. he had been enjoying the rents and profits for a long period. His Worship reserved his judgment. th«:ft. Ernest Baker was charged with theft, and elected to be with summarily. The circumstances of the charge were that the accused was employed bush, foiling at Tarawera. On 3lst October last the accused told hi> employe)- that he was ill, and

was going to see the doctor. He asked for £l3 10s wages accruing to him. Bird gave an order for £l5. An order also for £5 was issued. He presented these two oiders to Air Bodley at Pohue. Mr Bird, sworn, stated that he was a bush contractor. Flis usual method was to make out an order in favour of the recipient on Air Bodley, of Pohue. Accused was foreman of the camp, and on the day in question asked for money, and said that he would be back by Thursday evening. He gave accused £l5 of his own, and £5 be-1 longing to Boardman. Fie heard no news of accused until be receiver a postcard, stating that he would not return.

In answer to Air Dolan, he stated that the accused was. earning 12s 6d a day. and on the 31st October had earned £lB ss. There were sundries amounting to £5 2s 6d. Witness had always found him a good worker. He was popular in the camp. Thomas Boardman, sworn, said he told accused to get an order from Air. Bird on his behalf, and to bring the money to witness. Had always found accused a straight chap while he was with him in camp.

Inspector Dwyer said that Baker said he received the cheque from Bodley, and that he cashed it. He wrote a letter intending to send the money to Boardman in the letter, but in the meantime he spent the money, although he intended to pay it, and therefore he did not commit theft. He admitted he had not seen a doctor. On the 12th November he left for Neilson’s station at AVairoa.

Air Dolap, for the defence, said the accused admitted it, and gave a frank account when questioned as to what became of the money, l a this case there was no time specified to repay the money. He gave a proper account, and his wanderings were easily traced. He had earned an ample amount, and did not wish to embezzle the money. Accused was convicted and sentenced to one month’s imprisonment with hard labour. The money, £3 16s Bd, which was found on him, to be refunded to Air Boardman. Judgment was given for the defendant in the following undefended casesJ. R. Kessel v. S. Lewis, £1 10s 6d, costs 10s; A. AlcLeod v. D. Morrison, £5 Bs, costs 27s 6d ; F. E. Donaldson v. E. AV. A. Connel, £4 12s Id, costs 10s; Blythe, Ltd., v. J. Delaney, £3O Is lOd, costs £2 Ils ; E. Hogan v. AV. Ward and others, £3B 9s 6d, costs £l2 Ils (immediate execution); E. J. Walsh v. A. Heckmolt. £3 13s lid, costs 5s ; Willis and Co. v. B. Starkey, £3 10s, costs 5s ; J. Amner V. Emmett, 12s 6d, costs ss; same v Al. Anderson, 4s 6d, costs 5s : Arnold and Son v. Tohi, £1 6s 6d, costs 15s. Tbe Court then adjourned.