MAGISTRATE’S COURT.

Hawke's Bay Tribune, Volume II, Issue 31, 19 January 1912, Page 6

MAGISTRATE’S COURT.

HASTINGS. I ii\: 31. S. E. McCarthy. S. M.) THIS DAY. ADULTERATED GOODS. * Gallagher and Co. were charged ! ■w ith M-lh<ig baking powder which * did not. < o itam ten per eer.t of <ar Loti <a • x. J. A < ..:ghcr. on behalf of his f.rrii. ::.dnutted the sale of the baking p>wdj r by one of their employees. Eat st it. d it was bought from Messrs Gar l.'t'.d and Co., of Auckland, a reput •.!<■ firm. o;i the understand-i g that it was a foodstuff. He v.a ; not competent to analyse it. j Hi- V» < stated that it was no: [ r.oo-.!-. to prove that the saie was I a wilful ore <f width defendant had knowledge. Defendants '.me fined -I* l - with costs 19 6. . Collict. charged with selling coffee adulterated with chicory, was represr-!tf ! (f by Mr. Banks, who stat- < d that ti e coffee was bought by Lis client as pure coffee and retailed] (-• '.'i d and fined -10- with 19 6 co-t PROCURING LIQUOR. Janies O'Shea. charged with procuring liquor f< Mary Harding, a prohibited person. pleaded not gu’lty. After ’faring th? evidence of Utm-stribles Brc-ichly and McLean. | ( accused was com Lied and fined £lOl. with 7 - ■■■:-. • r in dr fault two months’ imprisonment with hard* ] labour. His W< rship refused to ■ allow time to pay the .amount. BREACHES OF PROHIBITION ORDERS. : Maty Harding. charged with ob- [ taining li/pr-/ dining the currency of a prohibit!-mi cider. Gul i.ot appear. - Ucmvcted and fined £5 with 7 - ■ costs or i.i default cne month’s imprisonment. 1 A plea of guilty was entered by i by David (Itt-iv. s. senr.. to a charge |t of entering the Stortford Lodge | Hotel whilst the subject of a prohi-1 bition order. | Defendant was fined 40- with 13 -j c costs, or in default 11 days’ imprison-1 ment. I ■

BREACH OF BOROUGH BY-LAWS.

Thomas Smith pleaded guilty to riding a bicycle on a footpath, and was fined 30 - with 7 - costs, or in default one week's imprisonment. Gordon Grant, similarly charged, did not appear, and was cojivicted and fined 30 - with “ - costs, or in default one week’s imprisonment with hard labour. THEFT. Frank Oakley Skelton pleaded guilty to the tot ft of two paint brushes valued at 116 each, the property of Samuel T. Tong. Detective Butler stated that accused took the brushes from the rear of Mr. Tong s shop and disposed of them to a second-hand dealer for 3 - each. Defendant was sentenced to one month’s imprisonment with hard labour. BRUTAL ASSAULT. Maurice Costello was charged with assaulting Eriata Pokai at Hastings on January Isth. Mr. Hallett appeared accused and pleaded guilty. Detective Butler stated that the assault was a tery brutal one. On the evening of the date mentioned in the information accused ran amok. He commenced by assaulting a cab-man, and proceeding up the street, pounced on to a darky named Charlie Pa:is. Later on he attacked a man named Thomas Jones, and when the complainant Pokai. remonstrated with him. he pitched into him also. As a result Pokai was rendered unconscious for some ten minutes.

Mr. Hallett said he understood that th? Maori was drunk at the time and was subsequently arrested bv the police. He should not have interfered. Detective Butler replied that Pokai was brought to the police station by Mr. A. L. D. h raser. and although he (Pokai) showed signs of liquor, he was not drunk, but dazed from the effects of the assault. He was locked up more for his own protection than anything els -. In answer to his A orship. Detective Butler stated that Costello was a racecourse gucsser.

Aeeusrd was convicted and fined £lO with 7 - costs. 1 >• in default two months* iinpr-.-unruent with hard labour. An order was made for the payment of £"? fn.ni the line to the complainant. Pokai. An application for time to pay the fine was opposed l>y Detective Butler. Hi< Wor.-hip ir.i-lir.cil to allow time.

( () WAR D LY ASS A U LT.

Maitr Conway, for whom Mr. Dolan appeared, pleaded guilty to as-a i!ti; _ r Jan i s Craig Anderson in Soutl land . uad. Hastings, on Janugrv I’/th.

Detective Butler described the assault a-’ a x.-ty e wr.rdly one. Com-; plainant and. th:.-a companions were proceeding a!".ng Southland toad on the right of January 13th. when accused rode up c:i his horse and said I "What about it now Anderson." He I then dismounted and attacked An-1 derson. who was leading a horse with otic hand and holding a bag of i fruit with the other. Anderson fell to the ground and on getting up was knocked do n again. The accused : then kicked him. Anderson's left' eye was terribly cut about and the i sight was temporarily if not permanently affected. Mr. Dolan stated that areas rd and the complainant wete employed <m the same station. The former had rhe i cp'.itatio’i of carrying tales to ■ the bo:, s and was looker! upon at the station a •yrawbr." The only' thing that 1:1s <-!ii nt was sorry forj was that I >? Lad broken the law. Detect’.:' I’iiti'r h? could 1 bring evident e tn show that Mr.' Dolan’s statement regarding cany ; ing tab-'- .. .ncorrect. ' f’F- W. '• ■ > -aid that in cases flhnr pt- . - suffer d personal in- i jury r.i.il . . -:<it i able pain, he had

to take into consideration that they ; had no further recourse, and had to i inflict a fine which would allow of ] some assistance to the injured per ] son. Defendant would be fined £lO. ] with 196 costs, or in default two: months’ imprisonment with hard i labour. A month was allowed in | which to pay the fine. His Worship i mail 1 an order for payment of half the fine to Anderson. j A FALSE IMPRESSION. ■

A charge of obtaining liquor for a native. Dick Timi. was preferred against Patrick Downes. Defendant .•.•as represented by Mr. Hallett and pleaded not guilty. Evidence was given by Dick Timi | ’.nd Constable Dwyer to the effect i hat defendant met Timi on the S Imahu road and gave him a drink | rum a bottle. i The defence was that defendant .vas under the impression that Timi was a three-quarter caste. Defendant was convicted and fined »- with costs 23 9, or in default 14 lays imprisonment. Fourteen days .ere allowed in which to pay the ire. DISCH A RGIN G FIREARMS. David Greeves. junr.. and George Scott were charged with discharging rearms at Clive Grange beach, sb ar the public road as to endanger te lives of passers-by. Greeves pleaded guilty and Scott _t guilty. Detectiee Butler stated that the informations were laid as the result of complaints made regarding the discharging of firearms at the Clive range, which was a seaside resort. Poth the defendants were seen shoot ng with pea rifles, and a number of lucks belonging to a resident at the J range were shot, although it could :ot be proved that the defendants icd shot them.

After taking evidence, the case against Scott was dismissed. Greeves .vas convicted and discharged. Detective Butler did not press for a penalty, stating that the eases re brought to warn people that the practice must be stopped. THE RULE OF THE ROAD. Thomas Roland Burden was charged with, cn December 25th, 1911, iidg a motor cycle along Karamu read on the wrong side of the road, defendant was represented by Mr. Tolan and pleaded not guilty. The facts of the case, as stated by Detective Butler, were that deft nd:<4 was riding a motor bicycle in Jcrvois road on Christmas Day and tumid into Karamu road on his wrong side. A motor car was travelling along Karamu road towards Napier on its right side and on seeing the defendant on his wrong side, it was swerved. The result was that -lie cycle struck the near hind mud guard of the car. Considerable damage was done to the bicycle, but the occupants of the car could not be traced.

Henry Hall gave evidence that I! > notor bicycle turned into Knra-ou road about 6ft off the corner anil on his wrong side. If it hail been on its right side the accident would nave been avoided. Daniel Allen, in his evidence, stated if defendant had been on hs ■ight side the accident would still have happened. The bicycle wutravelling at a normal paci-. Mr. Dolan stated that his client was riding slowly and tried to comply with the by law by cling as near to the proper side if the r. ?o as possible. What happened subsequently was purely accidental, and it fondant came off considerably the worst. His bicycle sustained damage to the extent of £l4 or £l5, and his client was incapacitated for a week during which, he had to pay a man to carry out his ordinary duties. Io hail also lost his memory for seval davs.

Defendant was convicted and discharged anil ordered to pay 12 - witnesses' expenses. CIVIL BUSINESS. Judgment was entered up for plaintiffs in the following undefended civil cases : —Estate of Samuel Harper v. James Pilcher, sen., £2 7/4, costs 12 -; Joseph Larritt v. A. Bergerson £5, costs 7 - ; Boyd and Chesterman v. Selwyn East _£ll, costs 15,-; Foster Brook v. C. McLeod. £1 14 11, costs 5-; Millar and Giorgi v. William Black £3 19 6, costs 10 -; Mary Nugent v. Ngahiti £lO 3 6, costs 53 6 ; P. R. Death v. T. Lloyd £6 10-, costs 11 -; Cushing Bros. v. Joe Williams £2 14 . costs 10-; A. H. Ross v. Ellen Ladd 3 10. costs 5-: C. Koorey v. Dan O’Keefe £7 2 3. costs 28 6 ; Joseph Laritt v. M. Ross £2, costs 5-; same v. T. Hoy £4. costs 8 - ; same v. Ivy Kendel! £ 217 6. costs 7 - : same v. T. H. Hey £5. costs 5- ; same v. H. B. Tucker £1 10 costs 5-; C. Koorey v. R. Parata £1 17’3. costs 10 -; same v. Sam Hokianga £8 17 6. costs 27 6 ; H. Apsey v. Timoto £ll 16-. costs 55 6 ; A. McCorkindale v. Jas. Black £9 12 -, costs 23'6; Millar and Giorgi v. T. H. Hoy 14 -. costs 5 - ; S. O. Stokes v. James Kyle £2 22, costs 10 - ; E. M. Moore v. James Lucts £l 1 costs 5-; A. H. Lys v. Jacob Moore £6 12-. costs 28 6; J. A. Miller v. Cecil E. Arkwright £ll 11 7, costs 30 6.

JUDGMENT SUMMONSES. Judgment summons orders were made as follows Elizabeth Bishop v. James Pilcher, ordered to pay 15 - forthwith or 2 days’ imprisonment : Boyd and Chesterman v. Epiha £22 17 2. forthwith or 2 months; James Findlay v. William Raihania £3 0 9. forthwith or one week; Joseph Larrit v. G. H. Smith £3 S 6. forthwith e*r one week ; Maddison and Co. v. Harry Oppert £1 15 - .forthwith or 1-1 days ; F. J. Cowern v. G. H. Brown £1 16 -, forthwith or 7 davs ; James Findlay v. Moko Kingi £4 10 -. forthwith or 11 days; D. F. O'Reilly v. Koko Kingi £lO 16 6. forthwith or s:x weeks ; London. Stewart and Co. v. f. Hoy £1 IS 6. forthwith or 11 days ; Robert Warren v. George Timms £ll 15. forthwith or 2 months.