CITY POLICE COURT

Otago Daily Times, Issue 21982, 17 June 1933, Page 20

CITY POLICE COURT

Friday, Juke 10. (Before Mr H. W. Bundle, S.M.)

STOREKEEPER FINED. George William Brown, a shopkeeper at Caversham, was charged with failing to have a wage and time book open to inspection by an inspector.—A fine of 10s and costs (10s) was inflicted. ORCHARDIST CONVICTED. A conviction was entered against Lloyd Hughes / who was charged with' failing to clear his orchard of disease. WANDERING STOCK. John Turner was charged with allowing cattle to wander in a street.—Senior Sergeant MacLcan said that the defendant had been convicted of similar offences 11 times since 1927.—A fine of £2 and costs (10s) was imposed. A CHIMNEY FIRE. Thomas Thomson was fined 5s and costs (10s) for,allowing a chimney at his house to catch fire. CARELESS MOTORISTS.

John Coory pleaded not guilty to being an unlicensed motor driver and guilty to being in charge of an unlighted motor car. : —The defendant submitted evidence that he had had a license, but had lost it, and the first charge was withdrawn, a fine of 10s and costs (10s) being imposed on the second.

The following unlicensed motor drivers were each fined ss, and costs (3s): — Horace M'Gregor Kirk, John Leslie, Thomas Milton M'Murtrie. Johann Mathieson, and Stephen Veitch, who were similarly charged, were fined 5s and 5s and costs (10s) respectively. ' Robert M'Cormaok and William Lawlor Shiel were each fined 5s and costs (10s) for being in charge of nnlighted motor cars. John Butler and Edward Lawson Smeaton were each fined 20s and costa (10s), for being in charge of unlicensed motor Cars, Charles Cookson, who was similarly charged, being fined 30s and coats (10s). Ivan Srhart was charged with failing to pay big heavy traffic license and with being an unlicensed motor driver. —A fine of 5s and costa ,(10s) was imposed on each charge.

SHOOTING GAME AFTER HOURS. Archibald Gill, who was represented by Mr G. M. Lloyd, pleaded guilty to shooting game later than an hour after sunset. —Mr P.; S. Anderson, who appeared for the Acclimatisation Society, said that on the day the offence was committed the sun set at 4.51 p.m., and two hours later the defendant was caught shooting at ducks on Green Island Swamp.—A_ fine of 20s and costs (10s), with solicitor’s fee (10s 6d), was imposed.

INTOXICATED MOTORIST. Ernest William Walter Haggitt, for whom Mr C. M. Barnett appeared, pleaded guilty to being drunk whilst in charge of a motor vehicle and with being an unlicensed motor driver! —Senior Sergeant Mac Lean stated that on the night of June 10 the accused had driven a motor van along Crawford street on his wrong side, and as a result of his swerving, when opposite His Majesty’s Theatre, he damaged two ears standing on the park in the centre of the road. It was probably as well that this had happened, as otherwise the van might have travelled right across the road amongst the-people who were coming out of the Agricultural- Hall and caused a serious accident. When the accused was arrested he was found to be very much under the influence of liquor, and it also transpired that his license had not been renewed.—Mr Barnett said that the accused, who was a milk vendor, had been forced on to the wrong side of the road by a car that had suddenly turned out of Police, street. He had had a very strenuous day, and the only drink he had had were three stouts which he had taken as a stimulant. Prior to this he had had no liquor for Ift months.—On the first charge the magistrate sentenced the accused to 14 days’ imprisonment, cancelled his license, and prohibited him _ from driving for 12 months, and convicted and discharged him on the second information. CHARGE OP ASSAULT. George Ashwell was charged with assaulting James Alexander Allan so as to cause actual bodily harm. Mr W. H. Carson appeared for the accused.—Dr J. R. Elder, who examined Allan when he was admitted to the Hospital, stated that the latter was suffering - from, a small bruise on the _ left temple and slight abrasions on the right. His right arm and . the right side of his face were paralysed. He had a partial paralysis of the leg. The cause of the paralysis was a clotting in a email vessel in the left side- of the brain. The'injuries could have been caused by a man’s fist or by a fall. He could not say definitely that the clot on the brain was caused by the blow.-—James Alexander Allen, a labourer, said that he was a widower, 56 years of age. The accused had called at his house at about 10 o’clock on Api’il 15. Mrs Ashwell, witness’s housekeeper, was also in the house. He heard Mrs Ashwell, who was at the back of the, house, scream, and he also heard the accused’s voice. He went out to see what was wrong. It was dark out there and the next thing he knew was that he was struck on the head.- He thought that ho was 'struck, twice. Ho fell to the floor and could n6t rise. His brother, anti the accused put him to bed and the accused stayed in the house all night. The accused had been to witness’s house six or seven times before. _ Witness had no doubt regarding the identity of his assailant. ■<' To Mr Carson: Witness said that on the night of the alleged assault it was very dark in the washhouse. He did not see Ashwell, but he heard his voice. Ashwell was not welcome, but witness would not have ordered him away.— Andrew Ferguson Allan, brother of the previous witness, said that his brother had gone outside when he heard Mrs Ashwell scream. The accused had come into the kitchen and had struck witness’s brother on the side of the head two or three times. The accused was in the light in the kitchen when the blows were struck. —Constable Holder produced a statement by the accused, who admitted having struck Allaa. He made the statement voluntarily, notwithstanding the fact that he knew there was a possibility of proceedings being taken against him.—Mr Carson submitted that the case was one that , might well be dealt with summarily, as there was a decided discrepancy in the evidence of the witnesses for the prosecution. —The magistrate remarked that there appeared to be no evidence that .the complainant’s present state of health was due to the blows he had received from the accused. The charge would therefore be reduced to one of common assault.—Mr Carson stated that in this case he would enter a plea of not guilty.—The,accused, in evidence, said that his wife had left home about three weeks before the evening of the assault. She left a note saying that she would be away about a fortnight, and indicated that she was going to Allan’s house for an operation. He then went on to give his version of the assault, and said that when he struck Allan he thought that the latter was about to attempt to push him out of the house. He struck only two blows altogether.— The magistrate said that on the medical evidence the assault was not of a very serious nature. The accused would be convicted and ordered to come up for sentence any time if called on within two years, a special condition being that he must keep away from Allaa during that period. ■