MAGISTERIAL.

Lyttelton Times, Volume CXXIII, Issue 16034, 14 September 1912, Page 9

MAGISTERIAL.

CHRISTCHURCH. * ' | Friday, September 13. (Before Mr T. A. 13. Bailey, S.M.) I Wandering Stock.- —James Fleming, for having allowed cattle to wander in a public place, was fined os and costs. ■ —For permitting horses to wander, John Watson was lined 5s and costs. Obscene Language.—Vcro Pengclly, sixteen years of age, was charged with having made use of obscene language on Oxford Terrace on August 20. Mr Donnelly, who appeared for accused, said that at the time of his arrest his client had just fallen in the gutter. Ho had no recollection of having used the word complained of. The lad bore an excellent character, and he asked for leniency. The Magistrate convicted accused and ordered him to come up for sentence when called upon. By-law Breaches.—Charles Henry Bingham was charged with having boarded a moving train, and was fined 10s and costs. —For having sold news-/ j papers on the railway platform, Fredi crick Doncli was fined os and costs.— j William Cox was fined 5s and costs for I having driven a traction-engine down I a prohibited street. Mr Fryer appeared for the City Council. j Motorists in Trouble.—For bnving i driven a motor-car at an excessive - speed on Sea View Road, New Brighton, Gerald Russell was fined 20s and costs. —Henry William Bullock, Samuel Gordon Holmes (Mr Johnston), John Anderson, Edward F. J. Grigg and Percy Elworthv for having driven j cars beyond the speed limit were each j fined 40s and costs: Edward J. Righto n and Sydney A. Orchard were each fined 30s and costs, while John E. Trathan was fined 20s and costs.—Thomas 1 Hayward (Mr. Cassidy) pleaded not guilty to a charge of having driven a taxi-cab over a street crossing at other than a walking-pace. The arresting constable stated that accused was goj ing at about ten miles an hour. In reply to Mr Cassidy, he admitted that •he could only guess the speed, but j defendant was travelling at tho same ! rate as the trams at the crossing. Mr | Cassidy submitted that the trams were , not permitted to exceed four miles an * hour, and that therefore his client could not have been driving at | a smarter pace. Defendant was j fined 5s and cot-s.—Walter J. Scott was charged with having, on j August 17, driven a motor-car lat an excessive speed at the corner of Rieenrton and Lincoln Roads. Mr j Johnston, who anpenrod for defendant. I contended that his client was not the ’ man who drove the car. The constable who took the number, stated that the | car passed him at 540 p.m. Evidence was given to the effect that defendant left town at 5.10 for the races, and did . not leave the course until nearly G o’clock. Defendant- was also charged with having driven an unregistered motor-ear. 'Mr Johnston said that the ear bore a “ demonstration number,” which was a substitute for the registered number when a firm were taking Tvnsrmrtivp humors far a trial run. At the time in the in fa-nation the. ear was occupied by a likely . purcharerMr Johnston produced receipts to show that the registration fees had been didv paid. Rc+h cares vc-C d'S’U' ‘--'■-ry'l— j Walter Marsh (Mr Johnston) pleaded j not guiltv tn a charge of having driven I an unregistered motor-car. He e+a+cd that it was a new car wh’ch he had Wn giving a final trial. The case was , dismissed.—For motor-evelinc at. an exj passive speed Geore-e W. Harms was fined 30 and oos + s. and Jamas A ; S'mars i -Os and costs. —Ralrh Tihlwiek, for having ridden a motor-bievrle across n I street crossing at other than a walki ing pace was fined 5s and costs, j Att.egep Ruimcttvs of Defence Act. Arthur E. Zimmerman was charged ! with having fail 'd to render the porI sonal servico rumored by tbe Defence j Act. Air Cassidy appeared for the deI feudant, who pWlod net guilty, and Rub-Inspector M’Gr-ith conducted the case for tbe Deportment. The lieutenant of the company to which defendant had been assigned gave evidence that Zimmerman had not rendered full service. He did not . personally know tbe defendant, and did not know how often he attended parades. Mr Cassidy asked the 'Magistrate to dismiss the case as the evidence was unsatisfactory. He also stated that his client had no right to belong to tho Territorials at all. He was onlv nineteen years of age and should have been a Cadet. In fact, lie had not rendered any personal service at all. Tho Magistrate reserved his decision. . In a similar case against J. Grant, the Magistrate also reserved his decision, and a charge against C. L. S. Beary for failing to take the oath, he having previously been convicted, was dismissed. Charges against the following lads for refusing to take the oath were withdrawn:—C. FT. Gardiner. L. Moore, F. Hale, F. Hobson, F. H. Jones, H. Mann, W. M’Xae and W. Taylor. Charges of failing to render service brought against F. H. Jones and F. Smith were also withdrawn. The following persons, charged with failing to render service, were adjourned until September 20:—L. J. Smith, C. L. S. Beary. R. Bradley, J. Henry, F. Hale, F. Hobson, A. Hobday, W. M’Nae, J. M’Connon, G. Porter, A. Summerton, K. Simpson, W. Taylor, G. Williams and K. Wilson. Mr Cassidy appeared for the defendants in these cases. Ass vult. —Georgo Arnold Clutterbuck was charged with having on. August 2-1 assualted - William Scott. The defendant, for whom Mr Cassidy appeared, pleaded not guilty. The complainant stated that he went to deliver goods down a right-of-way off Colombo Street south, and found that the defendant had erected a gate there, and claimed that it was private property. When complainant tried to pass through the gate defendant assaulted him with a hammer and inflicted serious bodily punishment. Mr Cassidy contended that complainant had no right to go through the gate, and that ho had sworn at defendant and struck the first blow. Defendant denied having struck complainant with a hammer. He attributed complainant’s bruises to tho bumps on the hard surface he received in the rough-and-tumble they had had. Defendant.was fined 30s and costs.—-Clutterbuck brought a countercharge of assault against Scott. The case was dismissed.