MAGISTRATE'S COURT

Manawatu Standard, Volume XLV, Issue 59, 9 February 1925, Page 5

MAGISTRATE'S COURT

A LIGHT LIST. BY-LAW CASES. .Mr J. L. Stout, S.M., presided over the sitting of the Magistrate's Court this morning. For cycling without a light S. D. Marks was fined 10s and costs 2s. Harold Stone was charged with driving a motor oar in the Square at a speed dangerous to the public and with driving a car at the same place and time without a rear registration number. —Defendant said that he had takon the car out from the garage believing that it was numbered in white chalk. Nothing had been said by tho constable at the time about speeding.—Fined £2 and costs (for speeding) and 10s and costs (for failing to have a number plate) _ "~~* ALLEGED ASSAULT ON WOMAN. William Starnes appeared in answer to two charges: That on January 29. at Palmerston North, he assaulted a married woman. That on the same date, he did use obscene language in Rangitikei street. Mr Ongloy appeared for accused, who pleaded not guilty Giving evidence, the woman allegedly assaulted, stated that, on the night in question, she had been walking home wheeling her cycle when accused came 'up and gazed at her. She mounted her machine and rode some distance when accused, who also had a cycle, caught up to and accosted her. falling over his own machine in an endeavour to grab her. He used indecent language to witness, who quickly rode off on her machine. Starnes made a further objectionable remark. Witness was accompanied th*rest of the way home by another woman. Counsel cross-examined witness at length on her identification of accused, but she was positive he was the man who had accosted her.

John Lionel Perrin deposed to having seen a man on the night in question cycling at a fair speed some distance behind the first witness, and steadily catching up to her. Later, he saw the same man come back riding at a fast speed and enter a certain house—that later described as being the residence of accused. In answer to Mr Ongley, witness said that he could not swear that accused was the man who passed him that night. Constable Murch said that accused, when interviewed, had detailed his movements on the night in question, stating that after the pictures he had cycled straight home to his residence in Rangitikei street. This concluded the case for the police. Counsel for accused submitted that it was an instance of mistaken identity. Accused stated in evidence that he was a married ran, aged 68, with a family of six, and thitt he had lived in Palmerston North for nearly four years. On January 29th his wife and such of his family as usually lived at the house were away. He knew nothing of the alleged offence and the charge was quite without foundation so far as witness 'fas concerned. To Senior-Sergeant O'Grady, accused said that, on tho night in question, ho left home" about 7 o'clock and returned at about 10.45 p.m. He spoke to only two persons apart from a visit to a fruit shop. To His Worship accused said that he coald not call anyone to whom ho spoke between 7 and 10 p.m. His Worship said that there was no definite information as to what accused was doing about the time of the alleged offence. The evidence as to identification was admittedly only that of tho woman accessed, but it was corroborated in part by Perrin, who said that he had seen a man riding a cycle up to the woman and later enter the house of accused. There seemed, no doubt, that accused was guilty of a serious offence which could not bo met with a fine. On the charge of the use of obscene languago accused would bo sentenced to two months' imprisonment and on tho charge of assault to one month, tho terms to bo concurrent. "As truo as God s in heaven it was not me. I often go to tho Salvation and-; " accused was saying when he was 'interrupted by a constable and removed in custody. TRADING AFTER HOURS. Tho Inspector of Awards (Mr J. Lowden) proceeded against Georgo Miller, grocer, of Cuba street, on an information that, on November 25, boing the occupirr of a shop and premises bound by an order of the Court of Arbitration, he failed to close his shop at the hour of 5.30 p.m. Defendant, who was represented by Mr Fletcher, pleaded not guilty. Mr Lowdn gave evidence vTTat, on the date in question at 6.30 p.m., he had seen defendant's cart delivering goods. Witness followed the cart and interrogated the lad in charge, who said that he was defendant's son and had been late on account of having been playing cricket. Witness told the boy that he .was an assistant under the award. To Mr Fletcher, the ins.i.">cior admitted that the cart was not an ordinary grocer's cart but more of a gig. Defendant stated in evidence that his son had gone to deliver some parcels in a pony trap at about 4.30 but he had gono playing cricket without witness's knowledge. It was a technical breach. ifis Worship said that only a nominal penalty was called for. Ho imposed a fine of 10s and costs.