POLICE COURT

Manawatu Times, Volume LXXVIII, Issue 12910, 6 October 1914, Page 7

POLICE COURT

At Palmerston Court yesterday, before Mr Poyton, S.M., Oh as. John fore Mr Poynton, S.M., Chas. John ed that on September 30 they did steal £5, the property of William Henry Death. Both accused pleaded guilty. Sub-Inspector Marsack said complainant, a Marton farmer, was on a visit to Palmerston. He gave Good £5 to procure a railway ticket. Subsequently it was found that the other accused Anderson had cashed the note. The police handed in a list of previous charges against Anderson. Anderson was sentenced to three months' imprisonment with hard labour and Good was admitted to three months' probation provided he repaid the money in that time. William Devine was charged that, being the holder of a publican's license in and for the premises known as the Empire Hotel at Palmerston on September 20 at the time when premises were directed to be elosed, he did keep them open for the sale of liquor; (2) that being the holder of a publican's license he d«l sell liquor during the time the premises were directed to be closed.

Mr E. 0. Hurley appeared for defendant.

Sub-Inspector Marsack stated that on visiting the hotel he found the bar open on one side and a jet burning while some members of the Expeditionary Force were in the bar. Mr E. O. Hurley said this was the first time that information had been laid against Mr Devine. The ease was an extraordinary one where general leave was given to the men in camp on the Sunday evening. r lhere were over 40 people staying i«s the house and these had friends in camp whom they eame to say good-byto as the forces were expected to leave on the Monday. On the Sunday evening 63 extra people had tea in the hotel and there was a state of general bustle in the house. The bar may have been open to serve people staying in the hotel. If a door to a bar was open it would be, difficult to keep people out. So far as the conduct of the house was concerned the report of the police would be that the house was well conducted. , It was a house r?cognised by some of the best people in the country. He hoped the good conduct of the house in the past would be taken into account. Mr Devine was a licensee who had settled down to make the hotel his home. He was not that class of hotelkeeper that went all round the country buying and selling. Even a small fine would be a serious matter to Mr Devine as ii may affect the Licensing Bench. He hoped the Magistrate would only inflict a small penalty. On the first charge of selling liquor defendant was convicted pnd ordered to pay £5 and costs, and on the second he was convicted and discharged.

Prank Woodmas pleaded guilty to being on the premises of the Empire Hotel on September 20. Fi: ed 20s and costs 7s.

H. It. Woon was mulcted in the same amount of fine and costs on a similar charge, the Inspector pointing out that the latter de Cendant was found in one of the passages of the hotel.

Samuel Paul was charged that, being the holder of a publican's license for the Phoenix Hotei he did no September 20 during the time at which such premises were directed to be closed sell liquor. The Sub-Inspector stated that when the police entered the hotel a number of members of the Expeditionary Fv rce were found in a private room.

Mr G. Moore pointed out that the men were in a private rocm and that they were friends of Mr and Mrs Paul. Fined £5 and costs.

Norman Porter was charged with driving a motor car in the borough at a speed dangerous to the public. The police stated that defendant was driving towards the railway station at an estimated speed of 25 miles an hour.

Defendant was fined £5 and costs 7s. James Arbuckle was charged with cycling on the. footpath. Fined 10s and costs 7s.

Henry Shadbolt for allowing a cow to wander on the road in Ihe Pohangina County was fined 10s and costs 7s, solicitor's fee £1 Is. Johannah Baigent was prOMfeclscl against for allowing stock to wander on the toad in Kairanga County. A fine of *os, co-sts i2s and solicitor's fee £1 Is #fis imposed. Sarah. Ellen Clark made application for maintenance for herself and two children against her husband. Applicant was allowed 10s and a similar amount per week for each child, with costs £2 2s.

George Arthur Partridge was proceeded against for being in arrears of maintenance towards his three children. The Magistrate warned accused that if he did not pay up the arrears he would have to go to g*ol for six months. He allowed the matter to stand over for a fortnight to give defendant an opportunity to pay up. The amount of arrears, £ls, would also have to be paid at the rate of 10s per month. Mrs K. J. Goile was charged under the Food and Drugs Act with selling milk containing a substanee the addition of whieh is prohibited by regulations. That she did sell milk containing less solids other than milk fat than is allowed by regulations made under the Sale of Food and Drugs Aet, 1908.

Morgan 0 'Brien, Health Offieer, said he bought on June 3t a pint of milk from defendant's driver for the purpose of analysis. John Weir, driver of the cart, said kalf the milk eame from defendant's farm and half from another farm. The milk was then mixed together and

sent out on the round. Be admitted putting water in the milk regularly every day.

To Mr Oram: He admitted writing a statement and giving it to Mrs Goile to the effect "that the milk which contained the water was taken from his brother's place and that the milk was never out of bis charge." He was drunk at the time he made the statement. He signed the document in Mrs Goile's shop one evening before he left for Dunedin. No one was present at the time. He put the water in the milk regifarly. The milk from the Kelvin Grove farm was put into three carts, about from 12 to 14 gallons in all. In his cart he took about six gallons mixed with his brother's milk.

Andrew Weir stated that he supplied milk to defendant at his farm every morning. When the carts arrived they were as far as he knew half full of milk from Mrs Goile's farm. His milk was emptied into the cans and the two lots mixed together. To Mr Oram: He denied ever putting any water in his milk. He got milk from others to keep ip the supply in accordance with an agreement with Mrß Goile. On one occasion his cooler burst and Mr Poynt.in rang him up and said he had slugs m his milk. The Magistrate explained that he rang up because he was anxious to know how the slugs came through the water supply. Mr Cooke put in the official analysis, which showed that the milk contained 22.7 per cent of water taken from the freezing point. Defendant detailed the agreement with A. Weir. She had also purchased a man named Pedley's round and had three carts. Milk from the Kelvin Grove run went out in Pedley's run and along James' Line and to town by Main street. No milk was put into the cans that went to Weir's farm. Witness denied ever instructing Weir to water milk and had never seen that happen at her farm. No milk from her farm ever went out on J. Weir's cart from which the Inspector took the sample. , To Mr Cooke: She had complaints from customers that there was water in the milk. Weir admitted on one 'occasion that he had watered his milk prior to July.

K. J. Goile said J. Weir was not drunk when he wrote the statement regarding the watered milk.

Walter Weir said he saw Andrew put water in the milk. Roughly< he put from 4 to 6 gallons into 15 or 16 gallons. His brother watered the milk nearly every morning. While witness was driving the cart he lost two or three customers through the milk being watered.

J. A. Brown said he saw A. Weir put water in the milk occasionally. He had a 3-gallon water bucket and he used to go twiee to the water tap and put it into the large milk can. He had never seen Mrs Goile putting water in the milk.

The Magistrate reserved judgment until this morning. Thomas Schofield (Mr Cooper) applied for a re-hearing in the case in which he was fined £lO and eosts for •driving a motor car at a speed dangerous to the public. The re hearing wa3 granted as defendant was unable to attend when the case was heard. The evidence of the police showed

that defendant drove past the railway station at about 35 miles an hour. The street was clear of traffic at the time.

Defendant said he was an experienced driver, having driven taxia for several years in England and never had an accident. It was absurd to say that his speed was 35 miles an hour. He did not say that he would drive fast despite the police.. He admitted having been cautioned for fait driving.

Similar information was laid against defendant for driving at nn excessive speed on September 20.

Constable Morris estimated the Speed on this occasion at about 20 miles an hour when traffic was thick on the road.

Defendant said he was going the same rate as the other cars on the road at the time.

• Defendant pleaded guilty to another charge on September 21 laid by the Borough Inspector. Mr Cooper asked for a light penalty as defendant was not a taxiowner, but an employee. The fine was reduced to £5 and costs lis. On the borough charge lie was ined £5 and costs £2 7s. On the other charge he was lined 5s and costs £1 is.