MAGISTRATE'S COURT.

North Otago Times, Volume CV, Issue 13858, 19 April 1917, Page 1

MAGISTRATE'S COURT.

YESTERDAY'S SITTING.

(Before Mr J, B, Bartholomew, S.M.)

A sitting of tlic Magistrate's Court was held yesterday, before Mr : J. B. Bartholomew, S.M., when the following cases were dealt with:— Obscene Language.

William Kennedy, for whom Mr E, P. Leo appeared, was charged- with using obsceno language. Accused admitted the offenco. Mr Lee, in asking for lenioncy, said accused was a married man with Bevon children, and that he did not mean violence, and that drink was at the bottom of the trouble. • ,

The Magistrate: There arc three pre

vious convictions against accused.' Is he prepared to take out a prohibition order against himself?— Yes. Tlic Magistrate said .considering tho circumstances of the family, and provided accused took out a prohibition order against himself, he would imposo a light penalty of a fine Of £2 or one month's imprisonment. Breaches of Award.

The Inspector of Awards (Mr N. J. Mountjoy), proceeded against A. J. and W. Gillies, building contractors, Oamaru, for employing a workman outside the mile and a-half radius from

Ie Oamaru Post Office, without paying

him for the time spent in going to'and coining from work, which time should be paid for at the rate of time and aquarter, according to the carpenters' award.

Archibald John Gillies appeared for ie' defendants, The Inspector of Factories explained tat on November 20th last Gillies em-

ployed J. Fodie to erect buildings nt Papakaio and Richmond, about eight and a-half miles from the Oainaru Post Office. Aii apprentice named Smyth was told by defendant to appear at work at 8 a.m., having to journey to work in his own time, No extra pay was given to him for this, neither was it given to Fodie. The work must bo treated as suburban work under the award. James Smyth, apprentice to the defendant firm, called, said when he went to work about the middle of November, he understood he had to journey out in his employer's time and go home in hia own. The Inspector: Was Fodie on the gob at eight o'clock?— Yes; he had always started work before him. Smyth, continuing, said he had requested defendant for overtime, and was told he was not entitled to it. He again asked, but was refused. Ultimately defendant promised it. • which promise was not fulfilled. The Inspector of Factories, giving evidence, said he asked defendant why his employees were not paid for overtime, and was told that Fodie had never applied for it. A. J. Gillies, sworn, admitted the offence, and said it was an oversight, and that he was not aware of the conditions relating to the question. He had been in business for about eight years. The Magistrate, in delivering judgment, said that Mr Mountjoy had proved his case; and also remarked ihat an employer who did not acq'iaiit I :'»)• self with the conditions of his men's employment deserved to stand the consequences, lie would be fined £3 on each of the two charges. John Fodie was lined 20s for cc"'milling a breach of the award, in Ihat he worked overtime in journeying outside the award limit, without receiving any remuneration.

Excessive Driving. Prank Bottle, of Oamaru. was fined £2 ami 7s Court costs for dangerous driving on the flth April, Defendant pleaded guilty. Senior-Sergeant Stagpoole said accused was a taxi-driver, and plied on the Kakanui road on the fete day. As he was a returned soldier he asked for leniency as a warning. . Cruelty to Animals. . John Gilchrist', milkman, Oaniaru, was charged with cruelty to his horse on 11 th April. He explained that on returning from a holiday, lie found that his boys had worked the horse, which developed a sore. He continued to work.it, believing that by so doing it would be cured. The Magistrate: Gilchrist admits guilt, and it is a question whether it is a case of cruelty. Constable Palmer stated that in company with Constable Abel, fye examined the horse (in harness) in question, and found it in a low condition with a running sore under the collar on the left shoulder, about one and a-quarter inches in diameter. He directed Gilchrist's attention to this, and was told the horse was all right. ' He obtained the advice of Mr Cunningham. 1 "who declared the horse unfit for work. Ho ' tlicn told Gilchrist to stop using the horse, Constable Abel, callod, corroborated the.evidence of Constable Palmer, and stated that after examining the horse, he asked defendant why he did not put a bag under the collar, and he received the, reply that it was not. believed necessary. ■'. The Magistrate: Has the horse been worked since the 11th April?— Yes, but with a breastplate. After inspecting the horse, the Magistrate said there was still an open; running wound, and it was obvious that, to anyone acquainted with animals, it was a case.of\ cruelty and ncgle'ct. Defendant was fined £4, with costs 7s, and examination fees 10s 6d, one month being allowed for payment; Destroying' Indigenous Birds r ' W. A, d'Oridant, fisherman, Oamaru, was charged that on April 6th, he killed two while fionted tenu (tenia fion talis) Accused pleaded not guilty Cemoi Seigeant Stagpoolo appealed for the prosecution. Constable Palmer stated that he re co\ercd the buds trom d'Oridant, who admitted the offence ' In his defence, d'Oridant admitted tlio offence, and said the terns were \cn destructive He produced a state ' ment signed bi all the local fishermen ciiiimeiatnig the damage caused by tho i buds He said that he himself was i neiih dioiuied through tin action of the (ems The Mnsistiate This is ".hooting m I self defence ' Witness Yes. / Theie is li ilqek of I about to 200 to 300 of these loins Which ( , ri - -

constitute a t«i( 'jenaco to tho safbty of Mormon, : -. '■

■J The Magistrate saiil-tlic fact that damago had ! . been done ilid not allow th™ to bo killed, and that a fine of £"o' could bo Defendant:was fined 20s, with Court costs : 7s, and was advisod to approach the right authorities to seek protection■■from tho birds.