MAGISTERIAL

North Otago Times, Volume C, Issue 13145, 28 August 1914, Page 1

MAGISTERIAL

OAMARU, AUGUST 2G, 1914. '(Before J.'R. Bartholomew, Esq,, S,M,) :'cjvll. . Judgment by default was given iu the fflllo'wiug. cases:—N.Z.'. Malay Rubber Qoy,' (Mr' Grave) v, R, G >fitch, £lO and costs'SJ3s lid; Annie Grave (Mr W, 0. Grave), v,'; : J. 'J.. Wos|gart!i (Christ"cii\ivcli)/.£fiO (instalment of,principal), 'riil'fl costs -!3s. '.' '■■■ ■ ': ./Jh , Bros, and lictcl (of; Goroj ;v^;W-E. ; Soarl6.'(Mi' Grave), "of; Oamaru, claim, 17s H' for petrol sup-; piicd,' defendant and jl. A,, Oailender, all'employee, gave evidence on commission, i ; ' Maintenance. John Ilonfcy Maries appeared to ans.wer a charged' failure to maintain his'' wife,"for whom Mr E, W. Onglcy'appeared,; Mr 'Onglcy stated that the. complainant' now-'wished the ease 'to- lie withdrawn,and hehanded'aletter from Irer to the Bench to that effect.

The - Sergeant remarked on.the cirinimst'aiiceVsi'ii'Voiindiiig.tlie case, which,, lie said, was a very bad one and had; caused the police a lot of trouble. •< In answer to his Worship, defendant; said lie was prepared to do do his dutvi by his wife. "Bo very careful that you do, then," said.Mr Bartholomew; "for if yon come before me ngainyou'll go to gaol, for a.long period too."

•; Under the Influence. Tor succumbing to the partiality, when in tofrn, for spnictliing'iiiore inebriating thnii tea, GustavStoiue, who admitted 'his lapse from the straight path, was fined 10s. ''Jfn was more jolly than objectionably drunk, your Worship," said the Sergeant,' who gave defendant (convicted of a similar, offence in March: last) a good character. ' ' ; :

' '... A,i;o;UL TONGUE, .'; The indictment against Edward .Tas Geen, charged with using obscene language, was an able-bodied, sheet. Geen pleaded guilty to the use of two words contained thereon. ~ The evidence of Andrew Direen was: to show that defendant went hi his, ; house on the night the alleged offence; occurred, and tried to persuade him 'to; have a "patriotic." drink, This was refused, and witness pushed defendant away from Hip door. Geen then went on to the road and used "language." He remained there; h'bout half an hour rising bail -'language, that could be heard by the neighbors. wife came for him, but lie would not go for sonic time. ■ • ■ When asked if he wished to question witness defendnnj; launched forth into statements to the effect that lie had gone to Dimen's house about a dog that had rushed at his horse, and that Direen had aimed a blow at him, which "it I hadn't put my arm up would have broke my jaw."

.Evidence, corroborative of tlie bad language, was given by William Suinrl;, plasterer, and William Smart, labourer. Defendant went into the box and de'nied the use of the language complained of. He had goiiejo Pimm's lionise Id complain about a dog that had rushed oat at liis (defendant's) horse, and Direct! had made a bash at him. .Admitted using nn epithet, but it was to the dog. When his wife came on the scene lie went away with her. ]fe was not in the habit'of using'such language. His Worship remarked that the words defendant, now admitted using were not those to which lie had pleaded guilty. A lengthy record list was handed up to 'the. Bench, who, after perusal, asked defendant why he should not be sent to gaol.

Defendant sniil his neighbours wc trying to hound him out of South Onniaru; they were actuated by malice in their'persecution of him. He would like io leave and start'.afresh some-: where, tie had a wife and children to look after. ■

After mature deliberation the Magistrate said that in view (if the fact that defendant, had not been gaoled before he would not be sent'this time. The .language complained of was disgusting; and not to be'permitted, .Defendant! was evidently i excitable when he had some drink, but that was no excuse,:! and no provocation could, permit of such/ foul language being used. .He,would bci fined'-£5, and costs, . One month was al-'H lowed for payment. . . ' : i