MAGISTRATE’S COURT.

Hawke's Bay Tribune, Volume II, Issue 295, 18 November 1912, Page 6

MAGISTRATE’S COURT.

j NAPIER. .MONDAY, NOVEMBER 18th, 1912. (Before Mr. S. E. McCarthy, S.M.) At the Magistrate’s Court this morning a first offender for drunkenness was fined 29-, with costs 2;-, in default -!8 hours with hard labour. ALLEGED CRUELTY TO HORSES Henry Gatiey and John B. Waite, were charged with cruelly illtreating horses by working them while they were suffering from sore shoulders. Mr. Murdoch appeared for the defendants, and Sergeant Cummings prosecuted. Mr. Murdo .h said that the two defendants were in l'..e employ oi Mr. Lethbridge as ploughman. The previous ploughman. Winton by name, who had been discharged, wa. really to blame, as lie caused tin sore shoulders of the seven horses. Sergeant Gurnmiifgs said that the Iwo defenda-P.s were to blame fo> liavirir worked the ho-ses with sore shoulders, no matter who caused them. Each defendant was fined2o.-, with 7 - costs of court and witnesses’ expenses 3,9. in default seven days' imprisonment. THE SPEED LIMIT. John Young Harvey pleaded guilty to a charge of exceeding the speed limit on a motor cycle. He was fined 20 -, with 7 - costs of court.

For driving without lights, William Ward, who pleaded guilty, was fined 20 with 7/ -costs. A MISSING OVERCOAT. Wesley Stanley was charged with purloining an overcoat and pair of gloves, the property of Arthur E. Harrison, at Clive. Mr. Lusk appeared for Stanley. Sergeant Cummings said that the facts of the case were that after a skating carnival, the complainant missed Lis coat, but found an old one in its place. In the pocket of the coat, however, was an old felt hat which the complainant had left in liis own overcoat pocket. About two months afterwards the complainant. Harrison, noticed his coat hanging in the porch of the same hall, and as Stanley could not give a satisfactory reason as to why he kept it in Ids possession when he discovered it was not his own, proceedings were instituted. Arthur E. Harrison gave evidence as to niissing his coat after a skating carnival. At a subsequent carnival on October 11th, at Clive, he saw the coat on Wesley Stanley. He made a complaint to the police, and Constable Murray interviewed the defendant on the matter, who said he could not find his own coat, so he took Harrison’s. Constable Murray gave evidence, after which Stanley said that being unable to find his own coat on the night in question, he had taken one like it. intending to keep it until he found his own. He had worn the coat openly about the streets. Tiie S.M. said that the defendant had no right to take somebody else’-.-;: coat because he had lost his own. i He knew this sort of thing was pre-! valent at country dances, and ob-' tained among stock agents. (Laugh-1 ter). He pointed out that defendant] had been guilty of a technical I offence, but he would not send him to gaol. He dismissed the case with 28 9 costs against defendant. CARELESS DRIVING. John Royal pleaded not guilty’ to a charge of driving a milk eart in such a manner as to cause an accident on the corner of Shakespeare road and Brovyning road on October 25. Mr. Dolan appeared for defendant. John C. O’Connor said he was a ' taxi-driver in the employ of the H.B. "Herald” Company. As he ap- ] proached the corner on the morning I stated he tooted his horn three ! times. When he came to the corner he saw defendant coming down on ' the wrong side of the road. Witness tried to cross over to the ] wrong side to avoid him. DefenI dants horse struck the hood of the i car, then skidded along further and upset. John Royal said he was on the regulation side of the road—the left side. The car could have avoided him if it had turned into Hastings street, instead of doing this O'Connor had crossed the road imme-

> diately in front of him, causing his - horse to strike it. I David O. McCutcheon and John i McCutcheon also gave evidence. The S.M. said the first point to • decide was as to whether defendant . was on the right hand or left hand : side of the road coming down the ; load. The witnesses McCutcheon ■ had not thrown any light on this. - He was satisfied that if defendant ■ I had kept within 6ft. of the kerbing i I die accident would not have oc- • eurred. O’Connor was justified in ; making his way across the street to ■ avoid him. If defendant had kept . to the right side of the road the ae- , eident would not have occurred. He ■ fined him 10-, with 11 - costs of ' court. j Charles Baldwin Horton was [charged with carelessly riding a I motor cycle in Sale stix-et on October 6. The circumstances of the case were! that a motor ear driven by John Clarence O Connor was coining along the Marine Parade, when a motor cyclist appeared round the corner from Sale sereet, and in attempting to avoid the car crossed the road. The car, however, struck the machine which ended up against a lamp post. 51r. Lusk appeared for the defendant ami Mr. Dolan for O’Connor. Evidence was given by Thomas Paiker. Charles Graham Foreman, Ernest John Ellingham, to the effect that if the motor cyclist had not dashed across the road on to his wrong siile the accident would not have occurred. The driver, O’Connor, had done all in his power to prevent the accident occurring. Constable Fredrick Burrell read a statement by O’Connor as to the manner in which the accident occurred. Charles B. Horton gave evidence which was corroborated by Charles F. Selby. The S. M. thought the pace of 22 miles an hour on the Marine Parade, was excessive. Me fined Horton -10 - and ordered him to pay 10/- costs of court. CRCELTY' TO A HORSE. Charles Peterson was fined 20/-, with 28,- costs of court for cruelly working a horse with sore shoulders.