POLICE COURT NEWS.

New Zealand Herald, Volume LII, Issue 16026, 18 September 1915, Page 5

POLICE COURT NEWS.

HARBOURS AMENDMENT ACT.

BREACH BY A MASTER.

A charge of removing shingle from below high-water mark on Christian's Beach, at Matakana, was preferred against William McKenzie Thompson, master of the scow Kiatia, before Mr. F. V. Frazer, S.M., at the Police Court yesterday. Mr. Selwyn Mays appeared for the Marine Department. Defendant pleaded not guilty. The evidence for the prosecution was to the effect that on or about July 7 the defendant was seen by the Inspector of Fisheries and Reaches, Mr. J. p. Bennett, loading the Kiatia with shingle from Christian's Beach. Measurements showed that defendant was removing the shingle fully Sft inside the high-water mark. This portion of the beach belonged to the Crown, and as he did not have a permit a breach of the Harbours Amendment Act, 1910, had been committed.

Defendant contended that the tides varied, and if calculations were made on proper mean tides it would be found he was outside the high-water mark line. He had been granted permission by Mr. Christian to remove shingle from his property, and he did not think he was encroaching _ 011 the foreshore that came under the jurisdiction of the Crown. The magistrate said he was of opinion that defendant had committed a breach of the Act. However, it was not done deliberately, but was due to carelessness more than anything else. He would be fined £5 and costs, £2 9s.

STABLEKEEPER ASSAULTED. Henry Stockley Hainsworth (Mr. A. Moody J pleaded not guilty to a charge of assaulting James Clements, a livery stablekeeper, on September 15. The evidence showed that defendant hired a trap from Clements to go for a drive to Mount Roskill. He subsequently returned to the stable to get a lamp in order to go to Newton, but as the horse had been driven too hard Clements would not allow it to go out again. He told defendant that the horse would have to remain in the stable, and caught hold of its head. Defendant insisted on driving to Newton despite the fact that Clements offered to provide him with a motor-car at his, Clement's, expense. This did not suit defendant, who pushed Clements away from the horse's head. Clements fell, but was not injured. The magistrate held that an assault had been committed. The accused, he thought, lost his temper and pushed Clements away from the horse's head. He, however, did not intend to injure him and in the circumstances a nominal penalty would meet the case. Defendant would \>e fined 10s. ALLEGED THEFT. William Duncan Ferguson and Harold Stott were each charged with stealing a motor-bicycle at Napier, value £30, the property of Sutton and Balfour. ChiefDetective McMahon asked for a remand to Napier. Mr. A. Moody, on behalf of accused, formally opposed the application. He stated that the accused were buying the bicycles on the hire-purchase system and had ridden to Auckland. They had paid Messrs. Sutton and Balfour some money on account since they had the machines. There was no attempt to sell them, and as the accused intended to return to Napier there was nothing to support the charges. He suggested that the Napier police should be communicated with on the matter. The magistrate remanded accused to appear at Napier on Friday, but if any information concerning the matter' was received from the Napier police they could be brought up again. Subsequently it was decided that accused should go to Napier.