MAYOR'S COURT.

Otago Daily Times, Issue 3184, 20 April 1872, Page 2

MAYOR'S COURT.

Friday, 19th April,

(Before His Worship the Mayor, and W

H. Reynolds, Esq., J.P.)

Drunkenness.—Henry Barker, who had been taken into custody on this chai-ge, was ordered to pay: ss, or. in default was sentenced to be imprisoned for 24 hours. Alleged Embezzlement.—Henry Stuart M'Coll was charged with embezzling £30 sterling, moneys of the Stoney Creek Road Board. He was remanded to Tokomairiro.

Summons for Illegal Detention.— Alfred G. Wiggins summoned William Watkins, on the charge of detaining two letters, his. property, and Avliich contained two post office orders of the value of £4. The complainant said that the defendant and his wife refused to give the letters up, on the ground that he OAved them money. Complainant had agreed with defendant to pay the money he OAved tp him by instalments. The defendant's Avife deposed that the complainant had agreed that, on the arrival of the letters, she or her husband was to open them, and to take the cost of complainant's board and lodging out of them, giving him the balance, if any. Though she retained the letters, she had not opened them. The Bench directed that the letters, which were registered, be delivered up, and defendant's vrife at once .handed them to the Court, unopened.

Charge of using Abusive Language.— Henry Scott, of the Commercial Stables, was summoned by Inspector Nimon for using abusive language to him. The defendant pleaded not guilty. Inspector Nimon said that he "had brought the defendant to Court on the 16th, on a charge of alioAving water to run to -waste. On the afternoon of the same day he met defendant in front of the parsonage in Stuart street. After, some conversation they had about the case, defendant used language to the folloAving effect: —" The people say you are too d—d officious, and too fond of having a case—and I consider so too. There are things done in that Court that would not be tolerated in any other Court in the world. What right has Fish, or the Bergeant, to put leading questions to a -witness T Witness told defendant at the time that he took the opportunity of insulting him in a quiet place. The defendant's statement Avas that Inspector Nimon's version of the conversation was quite untrue. When they met he said to hira, " Hang it, Nimon, it was too bad of you to summon me in that way ;'* and the complainant replied that he usually sum moned Avithout giving notice. He said this to complainant in a friendly way. When he told complainant that many men in Dunedin considered him to be too officious, he.made the remark' in the way of advice, and not with any intention whatever of insulting him. They were talking about some pipe of the Water Works that had burst, and he (defendant) could see that complainant was annoyed Avith a question that he had asked him at the hearing of the case, as to Avhether the Water Company paid any portion of his salary.. Defendant asked that question on that day because having a charge against him, he wished to fight his case as well as he could. After some friendly conversation between them, the complainant told defendant that he would summon bim for using abusiA^e language, and he (defendant) was never more surprised than on being told so, as he had no intention of gi-ving insult. When complainant brought the summons he suggested that defendant should go to the Mayor and apologise, upon which he (complainant) would ask to Avithdraw the case, but defendant would not. The complainant was understood to deny this statement. His Worship said that Avhile the Bench would not alloAV him to be insulted, they did not think that in this caso there was any intention of giving insult. The case was dismissed.

Alt,oaving Water to Run Waste. Robert Law, on the charge of allowing the Water Works Company's Avater to run to waste, was fined 2s 6d and costs.

Wandkring Coav.—Archibald M'lnnes, for allowing, a cow to Avander on the Main South Road at Caversham, was fined 2s Gd and costs.

Bye-laav Cases.—Henry Jones Avas summoned for plying for hire off the proper stand. Evidence was given by another cabman that the defendant drove his cab about in the vicinity of the Princea street cab stand at a snail's pace, and deprived the cab waiting at Wise's corner of passengers which it should have got. His Worship said that in justice alone to the members of the defendant's fraternity, this was a practice which should be stopped. Defendant Avas fined 5s and costs. William Colbourne was summoned for acting as a driver of a hackney carriage without having a license. Mr Stout appeared for the defendant, who, it was stated, had been the holder of a license, but it had been cancelled by the City Council. He had his license suspended in November or early in December last, but on that occasion had the suspension revoked, and got another trial. The immediate cause of the late cancellation was the

defendant having used obscene language1, fo«r which, he was on the 25th March fined 40s. He had also been fined 5s for bcirig drunk while in charge of a horse and cab, 5s for plying for hire off the proper stand, 20s and costs for driving his horse and cab ardssA a street corner at other than a *lHcing pace. He had also been dismissed, with a caution on another summons, feea breach of the bye-laws. These were convictions between last March and November. His Worship, at this stage, told Inspector Nimon, who was deposing to the convictions, that quite enough had been proved. Mr Stout contended that the Council had no power, in the 19th section of the bye-laws, to cancel a cabman's license, and that they could suspend him for breaches of the by©~ laAvs only, and not under the Vagrant Act. The defendant, since he liad had his license last restored to him, had not been guilty of any offence against the bye-laws, and hef contended that the defendant's licerse. was still in force. His Worship said that the Bench were bf opinion thafc the term "cancellation" was just another word for expressing the same meaning which "revocation" (the term used ia. the Bye-law) did. The point raised that na offence against the Bye-laws had been committed by the defendant since he had had a chance given him, had no weight with the Bench. It had been clearly proved that the defendant had more than once shown, himself totally unfit to be allowed to act asr cab-driver, and he (His Worship) knew o£ no man that was so unfitted. Apart from. | the convictions before the Court, defendant; had behaved in a bold manner, and as a matt determined to ride rough-shod . Mr Stout said that in this case the defendant had acted under his suggestion. His "Worship resumed, saying that if defendant persisted in an illegal act, whether acting under advice or not, he must pay the penalty for doing so. Defendant was fined 20s and costs. Mr Stout asked his Worship to allow judgment stand over. His Worship: I shall not allow judgment to stand over for one minute longer than necessary. Mr Stouti Then I give notice .of appeal.