NORTH OTAGO.

Otago Daily Times, Issue 19764, 15 April 1926, Page 14

NORTH OTAGO.

i IJTrou Our Special Correspondent.)

Breach of licensing act. » : ■ \ The sequel to a brawl in the Terminus Hotel at Hakataramea, was heard before Mr J. G. L. Hewitt, S.M., in the Magistrate’s Court yesterday, when lour young imm. residents of Timaru. named Stanley Jl. Shanks, Frank Ward, Charles Frampton, and Leslie Oockrill, were charged with being on licensed promises alter hours. Shanks was also cha aged with assaulting the proprietor of the here], Maurice Barry ' Senior Sergeant Shanahan conducted the base on behalf of the police, and Mr F. XV. Ongloy appeared on behalf of defendants. . Maurice Barry gave evidence to the effect that on the night of Saturday. February 13, four men entered the hotel between 11 and 12. They came in the front door, which was not locked.. AN itness was in the smoke room at the time. Four or five boarders were in the room playing cards, when the four men entered. One. of the pren asked witness for drinks, which was refused. Witness ordered the men out. Defendants started arming about not petting the drinks. They stayed in the room about 10 to 15 minutes. Witness was trying to pet them to Imvc. He pot them cut evcntuallv. and when he opened the door Shanks struck him on the jaw, knockins him down. He used very strong language to him. He (witness) saw someone holding on to Jack Boyle with a fml ■Neßon” grip. Witness pot another blow on the back of the car. There was a general “mix-up” between the boarders and the nocturnal visitors. After a while Mrs Barrv appeared on the scene, and the men wort" awav in the direction of the llaka Valiev. 'This would be about 12 P-m-The hotel was full at the time. He had to make a shakedown for his two children to make room for two boarders. He couldn’t have given defendants board cien if they had asked for it. To 'Mr Onplev: Witness did not know who hit Shanks. As a rule, the doors of the hotel were locked, but sometimes open to allow boarders to get home who went across to Kurow for the night. ■ Continuing, witness denied shaking hands with any of the defendants Before k hev ‘eft. .He would say emphatically that bhanks ■was under the influence of 'IT' or - , ; John Boyle, who was boarding at the hotel at the time, gave evidence ™ severa/ HUTSS VST%nAi^ He went across to Kurow and com plaint with Constable Mehille "itrir,. received a black ear and facial cuts. He did not. sec any of the defendants served lOngley: l Ongley: The first Mime, hri (witness) saw the men was when in the passage. The table in the room where t^>„ ha^ f nlavinff enrds was m centre worn He didn’t hear Barry tell them to go out, or did he hear them ask lor a drink They (the boarders) had . a few hands at poker, but were not playing for Do you usually play poke, for nothing? What do you play for? ■ The Magistrate: For matches, it would I can’t imagine rabbiters and farin' labourers plaving at midnight witness denied that any of the defendants had sard in front or Con stable Melville, while he was thexe, that he (witness) was drunk. w • Thomas Boyle, a greaser at the Waitaki Freezing Works, gave corroborative evidence. He had been called, into the passage by someone, who had said that some men were fighting his brother. Shanks was using some pretty “hot language. He would say that defendants had oeen Donald Garrie. of Hakataramea, also corroborated the evidence of the previous witnesses. , , „ „ . . •, Constable IMelville. o£ Ivurow, state-I that Boyle had called and laid a complaint. He had interviewed the defendants at Malmancho's Hotel at Kurow. and they had said there had been a genera! “mix-up.” • ■To Mr Onplev: The defendants had told him that if they had got a drink they Would not have troubled him. . For the defence, Mr Ongloy said the men had left Timaru and went to \V aimate where they had supper. They got to Hakataramea, knocked at the door ot the hotel, were admitted by the proprietor, and taken into the smoke room. He would call the defendants to tell their story. Frank Ward, a mechanic, of Timaru,’ said they left Timaru at 6 p.m. for Knrow, via Waimate. .They, stopped at Haka, and were admitted to the Terminus Hotel by the proprietor. They were taken into the smoke room, where five or sis men were playing cards. They stayed there for 15 minutes and-had two drinks. Some beer was spilt-on the tablecloth. There was an argument, and Boyle got up, threw his cards, down, and said he wouldn’t plav Until they (defendants) went. While they were in the passage witness was kicked in the stomach. . and then he (witness) got his own back. Shanks, Frampton, and Doc-krill all corroborated the previous witness's evidence. The Magistrate: 1 am convinced by the evidence that defendants were at the hotel to. get beer, beds or no beds. As to other happenings at the hotel, I am dubious about giving an opinion. It is clear that Shanks did commit an assault. ’ The four were fined £2 for being on licensed premises after hours, and Shanks Was fined £3 for assault. Costs and witnesses’ expenses would be divided amongst the- four defendants. FIRE BRIGADE DEMONSTRA- ! TION. - The following report has been presented by Fireman \V. G. Williams on tne recent demonstration in Dunedin — .’ Although we were only in the monev on two occasions we were dose up practioally all the way. When the large entries (92 teams) are taken into consideration and -the fact that three of our men had never seen a demonstration before, I think they .acquitted themselves very well. Our prize 'money totalled £5. Five Men disabled. —Work was good throughout until the vety last coupling, when an unfortunate mistake put us right out ;of it. Finished about twelfth. Time, 103 ’2-ssea. ■ Five Men Dressing.—Finished, sixth in this event in 50. seconds, actual time being 43sec.. but one second penalty by Williams (union! put us from equal fourth, with Gore, down to sixth place. Prize monev £♦.--■ •Gilbert} Memorial (one man).—Tied with Dannevirke for eighth place. Did not go a. -very good. race. Time. 74 3-ssec. Ladder Dressing (one man).—Finished seventh in this evenr, just l-Ssec outside the money. Captain Morrison, of Hawera, .won it in the exceptionally fast time of 14 3-sscc. Time, 19sec. >Two Men Coupling.—Clean enough run, but not quite smart enough. Finished about 14th or 15th. This was won in 46 2-ssec. and our time was 51 4-ssec. Two Men Rescue.—Secured equal third with Hillside Railway in this event in 29sec. Bumped a snag in Te Kuiti, who cut it out in the record time of 25 l-Ssec. Prize money. £2. ‘Hose and Hydrant (three men draw).— As far as I can make out I think we would have tied for fifth place with Sumner. Work was completed and tested a clean run, but Fireman Henderson’s tunic failed to. .scale, and we were disqualified Time, 31 sec. Three Men Disabled.—Hie work was clean, but there was too much time lost in turning the water on find off, with the result that our time was slow. However, we finished inside the first dozen. This was 8 run that would not stand any mistakes, as it-had three separate Waters in it and was won In 51 2-Sscc. Time, 6C?ec. .Four- Men Motor. —Orders were all correct,, .but the work was disappointing. Five Men Hose. Reel, and Ladder. — Cool clean run. The work was good, hut the hydranfman mistook his plug on the run down which made the first water slow. The remainder of rhe run was very 'good.* Finished ninth in 74 4-s?ec—ehree seconds too slow to get a share of the money. IMPORTANT JUDGMENT. 'A 1 judgment of considerable importance to traders was delivered by Air J G. Hewitt, S.M., in the Magistrate’s j Court at Oamavu yesterday. Messrs Reid j and Gray (Limited) claimed from Peter Bradley- (Incholme)- -the sum of £52 11s 7d, the.balance of an .account owing. Air P. ..C.Hjorring, who. .appeared for the defendant, submitted that interest on a trading account . was not recoverable unless a specific agreement to pay inTAB made at the time the debt

NEWS FROM THE DISTRICT.

BY-LAW CASES.

was incurred. It had been a practice of the court to disallow claims for interest. Air Hewitt said he was not concerned with the practices of the court. He was concerned with the law. In Leake on Contracts, 1911, it says: “An account delivered for goods supplied with a charge for interest, though mot objected to, and money paid on account, is not sufficient to support a claim for interest by agreement or under the Statute.” Re Lloyd Edwards, 1802, 01, L.J., G 22. But in the note to Wilinot v. Gardiner, So- L.T.. 179, it says: “It scorns that re Edwards, though not expressly over-ruled, must be regarded as no longer pood law.” Air Hewitt said the law provided that if notice were given of the intention to charge interest in default of payment at a given date, and the payment were not made on that date, interest was recoverable. In the present case, the terms were stated at the head of the account, demands had been made, interest had been charged, and payments had been received on account. His Worship gave judgment for the plaintiffs, with costs. The effect of this judgment may be that if traders intimate on their accounts their intention to charge interest they may secure more prompt settlements than under other circumstances. C.E.M.S. The members of the Alorvon branch of the Church of England Alens Society were entertained at a social gathering in St. Luke's Hall by the members of St. Luke's branch. Songs were contributed by Misses Glover and Smith, and Alessrs Mulligan and Williamson, and a duet by Alisses Glover and Way. Various games were also indulged in, and a bounteous supper was provided. Speeches were delivered by Archdeacon Russell and Alessrs Chart and Bayley, and the gathering terminated with the singing of Auld Lang Syne. COLUMBA MARKET. The Columba “Alarket” was held yesterday, and proved a groat success. There was a large display of goods, which met with a ready sale. In the evening an enjoyable concert was held. The proceeds are to be distributed among orphanages and missions. QUINNAT SALMON. During the last few days quite a number of quinnat salmon have been taken from the Waitaki River by Oamaru and Waimate anglers. The river is at present in splendid order for fishing. The curator of the fish hatcheries at Hakataramea states that the run of quinnat has been larger this year than for some years past. The reason why so few fish have been taken by anglers apparently is that the water in the river has been dirty for the greater portion of the season. OBITUARY. A very old identity of Oamaru, Mrs Dawson, relict of Mr William Dawson, • passed away at her residence in Ouse street, Oamaru, on Tuesday night. The deceased, who was 86 years of age, arrived at .Port Chalmers in July, 1875, in the ship Alder Grove. She was married in the following year. Her husband, who died in 1912, came from Port Chalmers in a little steamer called the Alaori, and was carried ashore on a sailor's back. The familyconsisted of th r ee daughters and one son. The late Airs Dawson had resided in Ouse street for 50 vears. Her family are: Aliss Dawson (.Oamaru). Airs Albert Slater (Oamaru). Airs G. AAA Wright (Christchurch), and Air George A. Dawson, insurance manager, Wellington. PLAYING AREAS. Oamaru will shortly be provided with some of the finest playing areas in the Dominion. The Awamoa Reserve has, by the energy of the residents on the hill, been immensely improved in recent years. It now has a very fine bowling green, a lawn tennis court, and a croquet ground. The situation of this reserve is admirable, and the surroundings lend themselves to artistic development. The northern playing area, which, was acquired some months ago from Air .Rimes Ferris, is now being prepared for sowing in grass, and in the spring it should ho available to the public. It has ideal environments, and will bo a valuable addition to the beauty spots or the town. Improvements are also contemplated on the showground, and the residents of Pukeuri have made provision 1 for the recreation of the people in that nuighbou rhood.

The following broaches of the borough by-laws were dealt with by Air J. G. L. Hewitt. S.AI., in the Alagistrato’s Court yesterday : —■ For speeding, James Cunningham and H. O. Raven were fined £2 and 7s costs. Robert B. Hamilton was fined £1 and 7s costs for driving a car without a license. For driving without lights, Jean Appleby was fined 10s and costs. Cyril G. Shalders and T. Banks were each fined 5s and 7s costs for riding without lights. PAYING NEIGHBOUR'S RATES. A case was heard before Mr Hewitt, S.AI., in the Magistrate’s Court at Oamaru yesterday, which should act as a warning to all and sundry who dispose of properties as to the urgent necessity of advising the Valuation Department and the county council immediately the sale is effected. G. S. Renalls, a labourer, l of Moeraki, was proceeded against by the Waitaki County Council for rates outstanding on a property entered in the council’s books as being owned by him. Renalls denied that ho was owner of the property, and brought evidence to prove that he had disposed of it a considerable time ago, and that the land was occupied by the new owners.. The Magistrate ruled that, as Rennll’s name was on the books of the Valuation Department and the council's books, re was obliged to pay the rates. When the county clerk produced the huge volumes as evidence the Alagistrato said: “Thre you are, you cannot do anything against hooks of that size.. It would bo useless (Laughter.) Renalls insisted that the whole thing was wrong and accused the council of being at fault." The Alagistrate: What about voting for fresh men on the council, then? How about standing yourself He advised Renalls to pay the rates, and see to it at oncce that the names were altered in the hooks, to save him “falling in” again next year. Judgment was entered for the plaintiff. WESLEY CHURCH. At the quarterly meeting of officers of Wesley Church, Oamaru, the Rev. G. F. iStoekwell presided. The membership returns and the progress of the young people's department were reported as satisfactory. Arrangements were made for the home mission annual appeal in June, and for the visit of Dr Laws on behalf of the new Theological College Fund. The balance sheet showed a substantial credit balance. It. was .shown that the recent church anniversary and harvest festival services realised £SO. Plans for future work were considered by the meeting. Supper was provided by Airs Jo] 1, to whom the junior circuit steward, on behalf of the meeting, presented a hearty vote of thanks. . Air AI. Al'Gregor, on taking his seat for the first time, was welcomed by the chairman. It was decided to send a letter of thanks and appreciation to Air G, H. Panckhnrst, who had removed to Dunedin, for his excellent work as society steward at Wesley Church. The Rev. John Harris, of Christchurch. will preach at Wesley Church on June 0, and lecture in the outposts. Small committees were set up to make arrangements for the deputations. It was decided to malic a special appfal to members to become subscribers to the Kew Zealand Methodist Times. Several other matters of interest were dealt with as to the future working of the Church in the town and district.

PERSONAL. Mr A. Fairlie, of Oamaru, who suffered an injury some weeks ago, through being knocked down in the street by a passing vehicle, has sufficiently recovered to get about town again. _ He is leaving for Australia this week,’ in company with his daughter. DXJNTROON SALE. At the Duntroon sale yesterday there was a yarding of 1700 sheep, the bulk of which consisted of aged ewes, with a sprinkling of young ewes. Bidding was fairlv brisk. Two-tooth ewes realised 33s to 35s Sd; four, six, and eight-tooth ewes, 28s to 32s Cd; cull ewes, 3s to 13s. There was a small yarding of fats. Lambs Sold at from 20s to 27s 6d; fat ewes. 10s :<d to ISs 6d; fat wethers, 27s to 295. There was only a small yarding of cattle. Cows fetched 30s, yearlings 50s, and calves £l. Bigs.—Wcaners, 15s to 17s. JUVENILE. A juvenile offender, a lad 15 years or a"- c . was charged in the Juvenile Court to-day with committing a serious offence upon a female child four years of age. \fter hearing the evidence the magistrate admitted the lad to probation for 12 months. .