MAGISTRATE'S COURT.

Otautau Standard and Wallace County Chronicle, Volume XXVI, Issue 1283, 2 September 1930, Page 3

MAGISTRATE'S COURT.

i BEFORE E. C. LEVVEY, S.M.. MONDAY, Ist SEPTEMBER, 1930. Judgment by default was given in the following cases : — McGill, Smith, Ltd., in liquidation v. P. Egerton for £6 6/9, costs £1 15 6. State Advances Department v. L. V. M. and W. J. McFarlarie for £oi ■1/8, costs £1 19-. W. J. Wesney v. W. S. Crowther for £36 14/8, costs £1 „12/-. \Y. J. Wesney v. N. Priddle for £11 11/1, costs" £1 3/-. D. Robertson v. John Denston for £3 15/4, cot>is £1 7/6. . JUDGMENT SUMMONS. R. Scott .v. Henry Weir for £11 7/6. Defendant appeared and stated - that he \^as , only makiug 18/- with broken time, had 5 children and was unable to make any offer. — No order made. Parker and Lawson, Ltd. v. \v. j. Dummoch for £15. Defendant- apDimmoch for £15. *' Defendant aptain worlo meantime. — No order made. Amy Grant v. Bert. Lee. Ordered to pay £9 7/- forthwith, in default 7 days gaol v H. A. Holmes v. Edward Todd for £7 1/2 forthwith, in default 7 day* gaol. ■ _'. F. Hoare v. Henry Weir.— No order made F. Ho are v. Thomas Pearton for £1 13/8. Defendant said he had had i^ work- for 3 years and handed m Doctor's certificate. — No order niade. F. Hpare v. D; Bosker for £1 15/3 forthwith or 24 hours gaol. The Inspector of Awards (James Mcivor) proceeded against R. Colquhoun for failing to pay award wages over a term of some months. This was the first appearance on the charge and as : the" defendant had elected to pay the award rate, the department only; asked for a nominal- penalty.--Fined. £3,' costs 17/6. Charles E. Gbodall v. Charles Mc-; Cbnneii and Co., for £8 4/6; This was a claim for petrol and' motor accessories supplied to Mr Nicholson, a buyer of rabbits -> for the defendant company,... ' . • . Plaintiff stated Mr Nicholson had secured goods previously, which had been paid by cheque from the defendant company and made out direct to Plaintiff,; Charles ' McConnel repudiated liability, stating Nicholson was purely; an agent on commission, and any previous payments made had been on an order against what was due to him and . deducted from his account. He harided in documentary evidence in •upport, " His Worship said the action must fail,-* '-Plaintiff being non- s -ited witn costs and witnesses expenses 307--againsf him. /. >■.",: LICENSING CASES. Police v. Michael McCluskey, Thos. Hedley and Crawford for being on licensed - premises after hours. Constable White prosecuted and detailed seeing defendants leave the Nightcaps Hotel by the back door on Sunday. 22nd June. ■"' : Mr Hodges appeared for defendants and McCluskey said it was his custom to walk from Ohai on Sundays, have breakfast, go to church and have dinner before going back to Chai. He was not. one of the -party. The other defendants claimecr they went to see Mr Boyle abou\ a gun as they were going' duck shooting. , V'His": Worship dismissed the charge against McCluskey but fined the others 20/- and costs each. Wm. McElligott was charged with the same offence at Wairio on 22nd August j but did not appear? and was fined £2, costs 12 -. MOTOR REGULATIONS CaSES. , Louden J. Wilson was charged with driving an unlicensed motor vehicle and without a license, and was fined 20/- and costs 12/- /oh first charge and 10/- and costs 12 - on second charge,> \ ■' " James W. Welsh was convicted oi the same offences . and fined simiiu amount*. F. Walker was charged with negligent driving and with failing to drive '.slowly past cows being driven' along the road. Constable McCulloch prosecuted and said Messrs Bennett and Sims were driving ten cows from Otautau to Tuatapere when defendant, driving a lorryjbame/rou-d'a corner at . 35 • miles an hour, passed 2/ cows 55 , yards from; the corner, touched one at 104* yards, rah into one at 114 yards and broke its leg, necessitating killing the beast, and "stopped at 145 yards. When spoken to defendant had admitted d^orn^ 3Q miles an' hour but his brakes were not good.*__Fined £5 ana Posts ,£2 on} first charge and £2 and costs on second charge. " : r Assault charges, v The.- Police proceeded against Syaney James Flowers for assault. Constable. White prosecuted^ and .called Robert Plunkett; an elderly f armei from 'South Hillend, who had; been, the assaulted person, Witness said defendant vyas related to. his housekeeper by marriage and with his family came tp ;. yisil; on occasions. The eldest boy had been left for a holiday and give** 6ut>uiiormatiori that cm a previous visit his father had taken,, several fowls back to town. When defendant was asked about the matter he denied ; takings them, raged round ana askea u, see ah employee- named Fitzgerald, al tne. same time making threats. ■ Wrier; Fitzgerald did not appear defendam had assaulted witness and knowkec him. down, until C Cooper interf'erec

and took defendant away. Cooper, m evidence, said he nevei saw an actual blow struck, but re membcrud Plunkett being on tut ground and witness taking an axt away from defendant, and pushing him off, Flowers being, sober at tht tidle. Constable White said he did noi see Robert Plunkett on the Tuesda> : but on, Friday he had two black eyes and a scarred face arid looked ill His eyes were still blackened when he saw Mr Plunkett a fortnight later. In defence, defendant admitted there had been a scuffle but he had not assaulted an old man, having gone to the place to see his mother-in-law. His Worship warned defendant he would take a lenient view tins time; but next lime it would be 30 aays without the option of a fine. — ton--1 victed and fined £2 and costs ana given 30 days. to pay. . CIVIL ACTION FOR DAMAGES. G. T. Ccombes claimed ,£SO for damages and £3 3/- Medical expenses from Samuel Mclntosh,. arising out of an alleged assault. Mr J. A. C Mackenzie represented plaintiff an Mr G. H. Hodges, defendant. ■■" George Thomas Coombes, m evidence, said he owned a farm at Ring way, which lay m an Easterly direction from defendant's- farm. He had been burning gorse about 11 a.m. on 16th April about four or five chains from the boundary fence and had also started to burn some tussocks near the boundary fence. The wind wa& favourable at the time. On looking up/ he saw defendant coming and knowing from experience he secured his hectga knife trailed it behind him and advanced to meet defendant and askeu him not to interfere but to get o.ft his property and away home. They came to grips, a scuffle ensued and defendant secured the knife and witness alleged threw it at him, wounding his forehead, while his' cheek was also •'bruised. ..'Pilaimiff. said he was 55 years old and admitted to being a nervous man and of a highly strung temperament. He. had suffered headaches since: and claimed .£SO damages. He had only been able to do a fortnight's \work since the date m question. The morning after the assault defendant had chased him but witness had escaped. 'Witness admitted that a previous fire had burnt part of the boundary fence and some of -Mr MeIntosh's tussocks, when he had had to go for assistance to put it out. Witness would not agree with defendant's counsel that he had picked up tlift hedge knife to defend himself. Dr Reekie stated Coombes had a 2inch cut on the right side of his forehead and an abrasion on the right side of his cheek.- The latter could have been caused by a punch, or by a rub of the, slasher m a tussle, as it was only a small skin rub. Plaintiff wa> highly excited at the time, which. wai» naturally caused by the trouble m dispute. The effect on a man of his ne k vous temperament would be greater than on an ordinary normal person. In answer to Mr Hodges the Dr said the cut would not stop Plaintiff from working, but the circumstances might, which would also apply to the headaches complained of. Constable O'Snea said Plaintiff complained of an assault, he having suffered a cut on the forehead and. an abrasion on the right cheek. Witness interviewed defendant who. said he had noticed a, fire starting and he had gone aver to help put it out, remembering :he previous experience of his loss m fencing- and tussocks on his land. Coombes had picked up the gorsc knife and, as he thought he was g;oing to be hit, grappled and took it away, a few blows ibeing \exchanged. Witness then said it was hard to say who was the aggressor, but • MclntQSh had n.o right t'Q go on to~~plaintiff 's' property. Witness then said plaintiff had altered his first statement m regard to the wound by the knife, now claiming; it was wilfully inflicted. ' Miss Doreen Coombes, aged 11 coirobortaed the evidence 'of her fathei as to Avhat took place on 17th Aprn when he met defendant. This closed the case- for plaintiff. In evidence defendant, said he was sowing lime on lpth' April when he saw smoke coming over the hill. Know ing what had happened previously, he went over to help put it out. ' At sight of him plaintiff rushed tor the hedge knife and went towards "him, ordering him to get out of it and not tc interfere. They grappled and the slasher was out of plaintiff' f hands. Plaintiff rushed hini, and h<

pushed him off. , Three years ago, plaintiff "" had lit a five, which had burnt chains of the boundary fence and some 3 acres of tussocks on witness's land. On this occasion Coombes had galloped for assistance and it had taken four or them 2 hours to put it out. They had replaced the fence paying^ half cost each. Witnes said the ;\yind was ing from the South towards his property. Witness \ .denied threatening '"plaintiff next . morning," there having been no 'others, present when they passed on the road. ■ In answer to Mr Mackenzie,, witness claimed he had every right to speak to Mr Coombes^about the ; fire and assist to put it out. He had been qnite cool 1 and had never punished , plaintiff. Finally he ; had gone away, plaintiff putting the fire out himself while witness watched him. Witness claimed he was in personal danger when. plaintiff advanced with the slasher. J. M. Taylor,- whose farm adjoins, said he saw smoke on 16th April, but being, busy only- got in sight of the spot .when the fire was out. The wind was blowing from the South up the swamp, up which Mcintosh V? and Coombes'.. boundary fence lies. He had known defendant for 35 years and