Defendant Cannot Judge in Magistrate's Court

Manawatu Times, Volume 61, Issue 236, 6 October 1936, Page 9

Defendant Cannot Judge in Magistrate's Court

BRISK PASSAGES BETWEEN BENCH AND FARMER.

Brisk passages between the Magistrate and a defendant enlivened tho Palmerston North Magistrate’s Court for a brief period yesterday. Hector David Harris, a farmer, of Linton, was prosecuted for allegedly permitting a heifer to stray on the Fitzherbert main road.

Harris appeared in court and pleaded not guilty. For the Kairanga County Council, Ranger I. Baldwin stated that ono day during September, ho had found two heifers on the main highway. One was injured by a car, and witness destroyed it. The other disappeared through a hole in a frence, and later Harris was summonsed. There had previously been complaints against Harris that his animals escaped on to the road day and night. Harris: You cannot prosecuto me for this. The law says that you must hold the stock on the road until I claim it. Tho law —

The Magistrate (Mr. J. L. Stout): Are you laying down the law in this Court or am I?

Harris: I am defending myself. Mr. Stout: Then would you mind confining yourself to asking questions. Mr L. C. Pickering, county engineer, entered tho box, and stated that on one occasion during August he had seen Harris setting his dog to the heifer. Harris: You are a liar. Mr. Stout: You cannot make statements like- that in this court.

Harris: Well, I am sorry. He is telling untruths.

“If you want to say anything, you will have an opportunity to say it later before me,” objected tho Magistrate. “I will not have you insulting this man in defending yourself.

Mr Pickering said tho county council had been asked by tho Automobile Association and other bodies to do all it could to clear tho roads of stock.

’“Very properly, too,” interposed the Magistrate. "You want to know tho difference between a cow and a cat,” was another gibe of defendant at Pickering. From the box, Harris denied ' that anything had been proved against him. Mr Stout: I think the evidence is against you. Defendant: But it is not.

“I think I am deciding that,” rejoined the Magistrate, briskly. When Harris repeated his claim that the ranger should have held the animal on the road until it was claimed by the owner, Mr. Stout said that if defendant was dissatisfied with tho decision he could go to another court. The penalty would bo £l, with 10s costs.