HUTT COURT.

Hutt News, Volume 3, Issue 16, 11 September 1930, Page 12

HUTT COURT.

Mr T. B. McNeil, S.M., presided at the sitting of the Lower Hutt Magistrate's Court held, last week Joseph Parsons for driving a. motor ear at night without lights was convict- ! ed and fined £1 ana 10/- costs. A DANGEROUS PRACTICE. Bobert Chatterton Blair was charged with riding a motor cycle on the main rood, Lower Hutt, in a manner dangerous to the public. . Sergeant J. W. McHolui said that on August 23, defendant was broadsicnng an his motor cycle at an intersection in Main Street. Magistrate: A most, dangerous practice. Defendant explained- that tho back wheel of Ms cycle locked. Sergeant McHolm said that defendant made that excuse now, but he was doing it for fun. ; Defendant: No. Sir. Blair was convicted and fined £2 and 10/- costs. . CONVICTED OF THEFT. A charge of theft was entered against James Horace Smith. Sergeant MeHolm stated that defendant' was passing a house, wliich lie thought was vacant and went on the property andi ifook some j plants, a wringer and a slasher. • Defendant said he thought the house j was vacant because he saw -a '/to let" sign on the house. The articles which lie took were all rusty and were lying outside. Smith was convicted, and fined £3 and ordered to pay 27/6 restitution, the value of the shrubs. LAn application for the suppression of his name was refused!. NEGLIGENT DRIVING. Alfred Murdock -was charged with negligently driving a motor-ear on MainBoad, Taita, on August 2. Julian Caldart, a market gardener, of Taita stated that at about 7 o 'clock on the night of August 2, he was riding his bicycle along the main road, oft his corxect side. He heard a car coming along, behind! liim and rode.,off .the bitumen on to the gravel, but -the car run into 'him from behind. He received injuries which necessitated his removal to the hospital. His bicycle had an electric light and an electric rear reflector. JNTeilan Chapman, of Taita, who corroborated the given by .previous witness saici he also saw one of the l°t*.d Is: nips nf the car burning; In a statement given to the police Murdoelt stated that he was travelling at a sped of from 25 to 30-miles an hour. A passenger in the car with him, Mr Waghorne, drew defendant Ts attention to a, cyclist in front but lie qid not have time to avert the accident. Defendant said he pulled up in two car lengths and did evejything possible for the injured Ba&m. '■ . : ■...■'. '.'■.■".■'■ The Magistrate: You did all you could after the acciajent obcurred but it is what you did before it that concerns^the court. You simply say you did not see font. Defendant: I saw him too late before I could ,do anything. The Magistrate: I think the accident happened through your carelessness. You

will be convicted and fined' £3 and costs £1/16/-. , "What is the option if I can't pay," asked defendant who* said he had lost his job, and was now onkrelief work. ';■'. The Magistrate: Had .you not better wait and see? j Defendant: I will do my best. The Magistrate: Well, do your best ! and be a bit more hopeful about it. MAINTENANCE OF CHILD. ADOPTION REFUSED In a maintenance case, Isabel Taylor proceeded against Samuel James for disobedience of a maintenance order in respect to her cliild. Six weeks after he had been ordered to pay 25/- a week (15/- maitenance and 10/- for ..arrears)',' defendant married without telling his wife of his responsibilities under the order. Since then he and Ms wife had expressed a willingness to adopt the child, but the plaintiff refused-. Inability to pay anything was the defence for not having obeyed the court order. : . ' Defendant is a. casual employee in the ' New Zealand Railways earning £3/19/3 I a week. He pays £1/12/6 for two rooms .-in Newtown, 25/- a week for food, 5/a week car fare; and 10/- a week on furniture.. Additional to that he has to pay for gas and electric light..: : A sum of £9 was paid by his mother inlaw. He had nothing whatever to do with it. The reason why before his marriage lie had paid nothing was because! he was helping to support -his father and mother. ■';■'''■' Cross-examined by Mr Rainey (for plaintiff) defendant said, with regard to his marriage that -he had been, engaged for a long time, and if he had, not married he would have been faced with a breach of promise case. To Mr Rainey's request for an order Mr Cresswell (for plaintiff) submitted it was unreasonable. The magistrate: If a man has an order against Mm and then six weeks after goes and gets marriedi and does not let his wife know, it is not fair the child should be thrown on the State. Mr Cresswell: If the order is made and he cannot pay he will have to go to gaol. Then the "child, will still be thrown on the State, anicu the wife also. Mr Creswell pointed out that no application for maintenance was made until two years after the child was born. Tho magistrate: I am not concerned -<wiih that; ■;■ Vj'V ■ ■•'-.. ->::■■ .-, ._;,.. Mr Cresswel!: I submit your Worship is concerned with that as defendant may have to go to prison. . Mr Rainey: If your Worship takes any notice of that then it leaves it open 'for anyone to get out, of his responsibilities by the same method. "This might go on indefinitely," said Mr McNeil, "with the result that the child will be thrown" on the State, or the burden fall on the mother. Defendant has said that he and his wife are prepared to adopt the child. She is -not bound to give it up, and I scarcely think, under the circumstances, she would. I must, however, take into consideration ttie defendant has other responsibilities." '

Defendant was sentenced ■.. to two months' imprisonment, the "warrant to "be suspended so long as he pays 17/6 a

week, the first instalment to be made on September 10. CIVIL BUSINESS. Judgment was given plaintiff by default in. the following civil cases: —R. Y. Shearer Ltd, v. C. Parrant £2/14/6; Commissioner of Taxes v, Ernest Biekerstaff £23/12/6; Barton and Co. v. W. S. Clark £11/3/8; Burn and Sons v. W. Walling £27/1/4; Edmeades" and MaeaskHl v. F. Langley £20/10/11; H. Baldwin and Co, v. M. Smith (sep.est.) £1/15/3; M. A. .Organ v. C, Q. CapiU £30; J. E. Cairns v. H. Carson and E. Carsou (sep. est) 10/3. On a judgment summons W. McDonald was drdered to pay Peter Babich £41/3/- at the rate of 30/- each month, in default 30 days' imprisonment.