SOUTH OTAGO

Otago Daily Times, Issue 22632, 25 July 1935, Page 14

SOUTH OTAGO

BALCLUTHA Magistrate's Court At the monthly sitting of the Magistrate's Court at Balclutha yesterday, before Mr H. J*. Dixon, S.M., Cluny George M'Pberson Ashmore, of Owaka, was charged with keeping beer for another person (Jack M'Nutt) in a place belonging to or under the defendant's control. Constable Boyle said the offence occurred on July 6. The defendant was drinking from a ,five-gallon keg at the entrance to the ground, with a number of young men. M'Nutt said he was responsible for the beer, also that the car was his. Constable Buchanan gave corroborative evidence, and said it had been ascertained since that Ashmore was the owner of the car. —Constable Boyle also read a statement from Ashmore to the effect that the beer was in his c'ar. The defendant was convicted and fined 10s and costs 10s. Thomas Cameron Morris, taxi driver. Balclutha, was charged with keeping liquor (to wit, whisky) for another person, contrary to section 38 of the Licensing Amendment Act, 1910, Mr Kelly, for the defendant, pleaded not guilty. Constable Boyle said the offence occurred at a dance at Kaka Foint on July 10. He had seen defendant taking men to his car. On searching the car a third of a bottle of whisky was found and a glass, and the defendant said the whisky was the property of a passenger.—Evidence was given bv Constable Boyle, who said the defendant was under the influence of liquor at the time. —Constable Buchanan gave evidence that he had accompanied the previous witness to Kaka Point, and they bad kept the hall under observation until midnight. They saw several patties from the hall visit the car, and heard the rattle of bottles and a glass. There'was a bottle of cordial beside the whisky, and the defendant said at first he did not know - iio owned the whisky.—To Mr Kelly: He did not actually see anybody drinking in the car. —Mr Kellv said the defendant had been hired to take a party to the dance, and one of them had asked the defendant if he could leave a bottle in the car. _He consented to that, but counsel submitted that " keeping " in this case was not the kind of " keeping" meant by the Act. In any case it was only a technical offence, and could be dismissed under the Justices of the Peace Act. —The magistrate said the defendant would be convicted and fined 10s with costs 10s.

James Collins, medical practitioner, Invercargil], was charged with driving a car in Clyde street, Balclutha, on June 24, in a manner which might have been dangerous toCthe public, and was fined 20b, with costs (10s). Emil Jayet, charged with riding a bicycle in Clyde street after sunset without a light, was fined ss, without costs. R. J. Hall, charged with driving a motor cycle without a driverfs license, was convicted and ordered to pay costs (10s). Philip Clent was similarly charged in respect to a car, and was convicted and ordered to pay costs (10s). Stanley _fiobert Smith (Stirling) was charged with riding an unlicensed motor cycle, and was fined 20s, with costs (12s). David Johnston, jun. (Stony Creek), charged with riding a motor cycle without a driver's license, was fined ss,.with 12s costs; and Gilbert L» Cunningham (Hillend) was similarly charged in respect of a motor car, and was ,fined as, with 12s costs.

William M'Lean (Kaitangata), charged wifh riding a motor cycle which was without proper footrests for the pillion rider, was convicted and ordered to pay costs (10s).

Beaumont Richmond (Kakapuaka) was charged by_ the county ranger (Taylor) with allowing a horse and a cow to wander at large on the Main road on May 20. The defendant was fined 10s, with costs (15s 6d), in his absence, but later appearing, was given a rehearing, when he said that on May 18 he had gone to C a tHns Bush for a month's pig hunting, and the horse, getting into the snowline, had died, together with its mate. The cow belonged to his wife.— The magistrate said he would strike out the horse, but the conviction and fine, would stand for the ecw.

L. W. Potter (Milton) was similarly charged in respect of a cow on the Hillfoot road, Waiwera, and was fined ss, with costs (13s 6d).

Ron Young (Stirling) and Kenneth Suckling (Christchurch) were charged with speeding with motor cars in Clyde street, and the former was fined ss, with costs (10s), and the latter 10s, with costs (10s).

CIVIL LIST.

Judgment for plaintiff by default was given in the following cases: —Clutha County Council v. E. R. Brown, claim £23 4e 6d, with costs (£3 14s 6d); Clutha County Council v. J. R. White, claim £l9 2s 4d, with costs (£2 18s); Clutha County Council v. C. F. Robertson, claim £2l 9s 3d, with costs (£4 5s 6d); Clutha County Council v. Maclennan Sawmilling Company, claim £l3 15s Bd, with qosts. A. J. Gibson was proceeded against on a judgment summons for £6 3s by Kenneth Cameron (Mr Kelly), and an order was made for payment, in default six days" imprisonment, the warrant to be suspended on payment of 12s 6d a week, with solicitor's fee (16s). Stronach, Morris, and Co. v. David Fraser (Awamangu), claim £36 damages to car, arising out of a collision between a car driven by plaintiff's agent (George Green) and the defendant's car, on the Balclutha-Awamangu road on May 25, and alleging negligence on the part of defendant. On the application of Mr Hanan, a change of venue to Dunedin was granted. FINEGAND TRESPASS CASE.

Mr W. Dixon, S.M., delivered his reserved judgment in the Finegand trespass and assault case heard last court day. Eric Yorston was .charged with assaulting William Robert O'Fee by striking him on the head with a plank. O'Fee was charged with assaulting Isabel Betsy M'Allister (wife of Martin M'Allister,*the occupier of part of the old Finegand estate). William O'Fee was also charged with trespassing on M'Allister's land in pursuit oi game on May 19; with failing to produce his shooting license; also with trespass on May 30. .Donald Sinclair . Andrew was charged with trespass on the same dates. His Worship said he was not satisfied aa to the alleged assault on Mrs M'Allister, who, if she had been struck with an iron bar, would have been seriously injured. The charge against the defendant O'Fee of assault would therefore be dismissed, Eric Yorston apparently lost liis head, and for the assault on O'Fee he would be convicted and fined £2, with solicitor's fee £1 Is. The charge against O'Fee and Donald Andrew of trespassing on the 19th had not been proved, but in regard to the 30th that was different, and he was satisfied that the lagoon and the land surrounding it were included in M'Allister's lease. The certificate of title clearly showed that the lagoon was included. Both defendants (O'Fee and M'Allistpr) would be convicted and fined £2, with court costs lOe, and solicitor's fee £1 Is in each case.

Aero Club The monthly meeting of the executive of the South Otago Aero Club, held on Monday night, was attended by Messrs R. R. Grigor (president), T. M. Thompson, D. R. Jack, J. H. Stevenson, R. D. Macdonald, F. Waite, M.L.C., R. W. M'Skimming, J. R. Copland, and D. M. Henderson. The town clerk forwarded a circular from the director of civil aviation advising that approval should be obtained before any building wa« erected on, or improvement made to any licensed aerodrome. Advice was received from the Otago Aero Club that flying members' entrance fees had been reduced to £2 2s. The matter of arranging for the clear.ng of the lupines from land adjoining the aerodrome was left to the president. The sub-committee which had been, set up for the purpose submitted the proposed ruleg of the club, which were adopted. Other matters in connection with in corporation were also dealt with, and it was decided to make immediate anplication for the registration of the club as an incorporated society. R was decided that arrangements be made for a piano to visit any district in which there was a sufficient number of members, so that as many members as possible would bo able to enjoy flights over their own neighbourhood. Arrangements for the appointment of an agent in each dis trict were left to Messrs Thompson and Stevenson. The congratulations of the club were extended to Pilot K. Mitchell, who, by winning the cup in the Landing Competition recently conducted at the Taieri aerodrome, had added to the increasing list of honours won by South Otago pilots. Messrs W. H. Smith (Clinton) and W. Macfarlane (Bal-

clutha) were admitted as associate members. Accounts amounting to £22 10» 5d were, passed for payment. Flaxmilling Revival Mr George Bichan, of Dunedin, who formerly conducted a large flaxmill on portion of the Otanomomo estate, op the banks of the Puerua River, was •» Balclutha on Monday making arrange ments for the reopening of the mill after a lapse o'f some years. There is a good growth of flax over the land, for which Mr Bichan holds the milling rights, sufficient, it i 6 stated, to keep the mill going at full strength for a number of years.