MAGISTRATE’S COURT

Southland Times, Issue 19346, 11 September 1924, Page 5

MAGISTRATE’S COURT

YESTERDAY’S SITTING. LONG LIST OF CHARGES. At the Magistrate’s Court yesterday before Mr J. G. L. Hewitt, S.M., the following cases were dealt with:— JUVENILE CASES. A little girl aged 12 years found wandering about the streets of Invercargill was, by consent of her parents, committed to the Caversham Industrial School. Two small boys aged 14 years pleaded guilty to a charge of stealing, in company with another boy, 13 rabbit skins having a total value of 8s 6d. The charges were adjourned for 12 months the boys being placed under the supervision ■of the Probation Officer. BY-LAW CASES. The following were convicted and fined 5s and costs 7s for cycling on the footpath in various parts of the Borough:— Lucy Brackingham, John Curry, W. S. Robie, Alma Waters, George Rogerson, William Coates, Thomas Anderson, Janies Foley, Catherine Dyson and James Ure. PARKING WITHOUT LIGHTS. For leaving an unlighted motor car standing in Conan street after dark Joseph Gough was fined ss, with costs 7s. For similar offences Albert Z. Mills and John Wilson were each fined ss, costs 7s. MOTORISTS FINED. For cutting the corner of Dee and Yarrow streets while driving a car Arthur M. Ayling was fined £l, costs 7s.

For similar offences John McDonald and A. M. Irving were each fined a similar amount. Frederick James was charged with a similar offence at the corner of Dee and Esk streets and was fined £1 10s and costs 7s. Robert Anderson was charged with failing to keep a vigilant lookout whilst approaching a railway crossing. Mr Horace Macalister for the Railway Department said that defendant was approaching the railway crossing at Elies Road in his car and did not stop before crossing as the law required. Consequently he had run into the train. Constable Matthews gave evidence as to interviewing defendant who said that owing to the bad weather necessitating the side curtains being up and the tin fence of Rugby Park obscuring his view, he did not see or hear the train until it shot across in front of him. Defendant, in evidence, substantiated his statement to the former witness and said that by the time he caught sight of the train it was too late to avoid a collision, and his car struck a truck, doing considerable damage. Defendant was fined £l, costs £4. J. A. Robertson, lorry driver for the New Zealand Express Company, was also charged with a similar offence at Lumsden. Defendant was represented by Mr Gordon Reed, who said that in the dark, defendant had collided with a railway carriage which was being shunted across the crossing. Defendant was fined £1 10s. Bernard Angelo (Mr Stout) was charged with negligent driving on the North Road on August 18. Norman H. Jones, tram conductor, said that on August 18 his tram was proceeding north to Waikiwi, and stopped at the St. Andrew’s Girls’ School corner to allow a little girl about 7 years old to alight. Just as she was about to step off a passenger noticed defendant’s car approaching on the wrong side of the road and caught hold of the girl as she was about to step on to the road, thus preventing what would have otherwise been in the opinion of witness, a certain accident. T. Leslie, a passenger on the tramcar, corroborated the evidence of the previous witness and said he considered that defendant’s car was travelling at about 20 miles per hour. Defendant, in evidence, said he was not often in Invercargill and had followed the practice of other motorists in keeping to the right hand side of the road. He could not remember passing any tramcar at the point stated. Joseph Lay, a passenger in defendant’s car, also said he did not remember passing the tram. He was not accustomed to cars but would consider that the pace defendant travelled at was not excessive. Defendant was convicted and fined £l, cost £1 Ils. John Noel Haggerty (Mr Gordon Reed) pleaded not guilty to a charge of negligent driving on the North Road on August 21. MAGISTRATE’S COMMENT. For the police, Senior Sergeant Scandrett said that at 6.15 p.m. on August 21 defendant was returning from the Wallacetown Hotel with three other men. On the way in defendant for some reason drove the car onto the grass on his wrong side of the road and after continuing for about 25 yards, struck a telegraph post. The car was travelling very fast, and all the occupants with the exception of defendant, were more or*’ less severely hurt, two of them having to be taken to the hospital. John Pearson, one of the passengers, said he joined defendant at Wallacetown. He saw defendant have one drink but would not say he had more than one. Defendant was not drunk in the opinion of witness. He saw no reason for defendant’s action in pulling off the road. Constables Matthews and Brown gave evidence as to visiting the scene of the accident on the following morning. The marks on the grass showed that defendant had seen the post and had attempted to avoid it. Defendant said that he had pulled onto the side of the road to avoid a cyclist, and had been unable to avoid a collision wirh the post. To Sergeant Scandrett: He had one glass of soda water at Wallacetown. On being cross-examined defendant admitted having one shandy. Senior Sergeant: “I have a statement from the hotel barman that you were served with one whisky and three other drinks.” His Worship said that defendant’s evidence amounted to perjury and but foi*his youth, he would be dealt with on that charge. For negligent driving he would be fined £5, costs £1 Ils. OTHER CASES. James Birss, for negligently driving a horse and dray in that he caused a collision between his vehicle and a tramcar was fined £l, costs 7s. NO LICENSE OR CERTIFICATE. Percival Berndston was charged with proceeding to sea in a vessel, the Lily, from Riverton, without a license or certificate. Defendant pleaded guilty and was fined £2 3s 6d, costs £1 3s 6d. MILITARY DEFAULTERS. For failing to render personal service James O’Halloran, Melbourne Miller and Edwin Tall, were each fined £l, with costs 7s. Cyril John Brown was fined £1 10s, costs 7s, W. J. Scott 10s, costs 7s, and L. V. Brown was convicted and discharged. For failing to pay a 10s fine imposed by the Defence Department, Henry Francis Parker was fined ss, costs 7s. MAINTENANCE. Hugh Edward McDermott for arrears in maintenance was sentenced to three months’ imprisonment, warrant suspended if £lO 16s B’d is paid per month and in addition 8s 4d off his arrears. Timothy O’Connor for arrears in respect of his wife and twd children was sentenced to three months’ imprisonmnent, warrant not to issue if £2 a week is paid and 2s extra off arrears. INDECENT LANGUAGE. Timothy O’Connor (Mr G. Reed) was also charged with indecent language in a public place. For the police, Senior Sergeant Scandrett said that on Sunday, August 24, defendant, who is separated from his wife, went, to visit his two children at the house of his father-in-law. He was under the influence of liquor and when the children were taken from him after he had been with them for

some time, he used the language complained of. He had blackguarded his wife and father-in-law for some time and they had been forced on previous occasions to seek police protection. Frederick James Pankhurst, father-in-law of defendant described defendant’s actions when the children were taken from him, and said that the language used was heard by a group of people on the road. Defendant pleaded guilty and was convicted and ordered to come up for sentence in 12 months.