MAGISTRATE’S COURT

Southland Times, Issue 19393, 6 November 1924, Page 8

MAGISTRATE’S COURT

YESTERDAY’S PROCEEDINGS. At the Magistrate’s Court, Invercargill, yesterday before Mr G. Cruickshank SJL, the following cases were heard: — BY-LAW OFFENCES. For allowing a chimney in the Princess Hotel to catch fire John Patrick Beiiett was fined 10/-, costs 7/-. James Hilton for cutting a corner while driving a florae and dray was fined £l, costs 7/-. For a similar offence John Anderson Riley was fined £2, costs 7/-, and for failing to notify the change of ownership of his car the same defendant was fined 10/-. MOTORISTS CHARGED. For driving a ear after dark without lights on October 7, William Stone was fined £l, costs 7/-. For cycling without fights Ivan Neilson was fined £l, costs 7/-, and Harold Fraser was fined 10/- costs 7/-. Robert Canning, for driving past a stationary tram car was fined £2, costs 7/-. For a similar offence George Winton was fined £l, costs 7/-. Adam Swiess, for driving his car with no number affixed, was fined 10/-, costs 7/-. For driving motorcars without a driver’s license Robert Henderson, James, H. Johnston and James Buttolph were convicted and ordered to come up for sentence when called upon. For failing to notify the change of ownership of their cars Samuel Bailey and Thomas Robert Taylor were fined 10/- and costs 7/- each. For leaving his car standing for more than 15 minutes in a part of the street not reserved as a parking place Joseph Winders was convicted and discharged. For allowing pillion riding on his motorcycle, Eric UndriH was fined 10/-, costs 7/-. The evidence showed that defendant was proceeding along Tay Street with two people besides himself on the machine. For cycling on the footpath the following were convicted and fined: —Thomas Hamilton, £l, costs 7/-; Thomas Newall, 10/-, Charles Woodworth, £l, costs 7/-. HIGH SCHOOL BOY IN TROUBLE. In the Juvenile Court a High School boy aged 14 years was charged with the theft of a fountain pen valued at £1 1/from the shop of Mr Burn, jeweller. The evidence showed that the boy in the company of two others went into the shop and looked at some pens. After their departure a pen was found to, be missing. The boy pleaded guilty and was admonished by His Worship who pointed out the stain that such an act would leave on the lad’s character, and adjourned the case for one year. A TRAMCAR INCIDENT. Simon Muir, a visitor to Invercargill from the country was charged with failing to pay his fare before leaving a tramcar. W. J. Reid, motorman employed by the Corporation said that defendant boarded the tram at Yarrow Street and alighting at Mary Street did not place his fare in the box. When asked to do so defendant told witness “to go to the hot place and take the tramear with him.” Witness did not think he was the worse of liquor. Defendant who did not appear was fined £l, costs 19/-. DAIRYMAN CHARGED. Alfred Botherway (Mr Eustace Russell) was charged that while using premises as a dairy he permitted manure to remain within 30 feet of the cowshed. Mr F. W. Blair prosecuted on behalf of the Depart Alexander Adam, Milk Inspector, said that he visited the dairy on October 7 and found the cowshed in a very dirty condition. Dried manure was littered about and about 20 old sacks were strewn round the floor. In one of the stalk some milk had been spilt and had ot been cleaned up as it had an unpleasant smell. The floor was of concrete. Cross-examined witness said he had 20 years experience in dairying. Defendant had been warned on previous occasions. Mr Blair gave corroberatrve evidence as to the state of the shed. It was an old bnildrng His Worship: “It could not be so bad if a concrete floor had been laid down.” Mr Blair: Tf it had not had a concrete floor, defendant would not have got a license at all” Mr Russell for the defence said that it bad not been made clear what section of the Act his client had been charged under. The charge had not specified any clause, and the prosecution had not shown that the defendant was guilty of any breach. The case was dismissed. A BORROWED Thomas McCreath was charged with negligently driving a motor car and with stealing odd carpentering tools valued at 12/6, the property of A. Noble. For the Police, it was stated that the car was borrowed by defendant under most unusual errenTnstances. He had approached a motorist Irving in East Invercargill and representing hitn-setf as a lorry driver for the Farmer’s Dairy Federation said that his lurry had broken down and wished to

borrow a car to come into town and get a mechanic. He was lent the car by the kind hearted resident, and straight way went careering round town on a joy ride, ending up by smashing the car to pieces in a collision with the back of a heavy lorry. He was not in the employ of the Dairy Federation. ‘T would have very much liked to send him to the Borstal,” said His Worship. “I am particularly sorry for the man who got his car smashed up by this boy.” The case was adjourned for one month. A WINTON CASE. A young man named Albert Maitland McLachlan was charged with the theft of a parcel of clothing valued at £7 10/-, the property of one, Dawson Wilson. Accused was represented by Mr Gordon Reed and Senior Sergeant Scandrett prosecuted on behalf of the Police. Dawson Wilson, flax mill employee of Wrey’s Bush said that at the beginning of May he ordered a suit and extra pair of trousers from Mr Gilmour, a tailor of Winton. In company with accused and a Mr Flannigan, witness came into Winton in Hannigan's gig on October 17. He got the suit and placed it in the gig in the presence of accused. When witness came back later on in the day the parcel was gone. Subsequently he went down to the house of a Mr William Woods at 2 aun. where accused was working, and finding Woods reading in bed, asked him where accused’s room was. On being told, he went in and found the trousers of his suit hanging behind the door. Constable Fraser said that he knew accused by the name of McSweeney. Witness interviewed him in Riverton in connection with the theft and as he was wearing a coat and vest the material of which corresponded to a pattern witness had been given of the stolen suit, witness arrested him and charged him with the theft. Accused stated that he knew nothing about Wilson’s suit. He had bought the clothes he had on from a Mr Wilson in Invercargill. Mr Wilson was, according to accused, in the North Island. The case was adjourned until November 12 to enable further evidence to be called. Bail was allowed on one surety of £75. SITTING AT MATAURA. The Magistrate’s Court sat at Mataura on Tuesday, before Mr H. J. Dixon, S.M., when the following business was disposed of: — JUVENILE COURT. Two girls, aged 7 and 10 years respectively, were charged with stealing 180 mac roc ar pa trees from “Tahuna Mount,” Mataura, the property of Messrs Halliday’s, Ltd. Mr E. 0. Smith appeared for the children. The father was ordered to pay the value of the trees and the children were placed under the Probation Officer for 12 months. Three boys who hailed from Waimumu, and whose ages were 12, 13 and 15 years respectively, were charged with breaking insulators at Waimumu. Mr Bannerman appeared for the boys. The parents in each case were ordered to pay for the damage done, and the boys were placed under the control of the Probation Officer for 12 months. MAINTENANCE ORDER. An order was made against the father of five children, who were recently committed to the Caversham Industrial School, at the rate of 4/- per child per week. CHARGE OF THEFT. John William Allmon was charged, on the information of the Police, with the theft of a bag of oats valued at 27/6, the property of the New Zealand Government, and also with trespassing on the railway line. Defendant pleaded not guilty to the first charge and guilty to the second charge, and was not represented by counsel. Constable E. J. Murphy prosecuted and stated the facts of the case, which was to the effect that a sack of oats had fallen off a train on the way to Gore near Charlton. The oats were discovered by Ganger Spooner next morning and placed on the bank to be brought to Mataura when the surfaceman returned in the evening. The Ganger found that the bag had been removed and put in a ditch and covered with grass and stones. Accused was interviewed, made a statement and was charged with the theft of the bag of oats.

Evidence was given by Constable Murphy and Ganger Spooner. The accused, in defence, claimed that he removed the oats for the purpose of obscuring it from the view of the public. Going to his work, he told several of his mates what he had done and amongst them was the ganger’s son. On returning, he found the bag had gone and Spooner’s son had said that probably his father had removed it. Accused did not bother any more aboiit it. Cross-examined by Constable Murphy, the accused said he removed the oats to prevent it being seen by anyone on the road, but it could be seen from th.e railway line. He did not report the matter, but covered the bag over to protect it, and, returning at midnight, the oats had disappeared. Accused had no intention of taking the oats as he had no fowls or a horse. He had resided in Gore for two years. James Spooner also gave evidence. The Magistrate’s summing up was to the effect that the case was very suspicious,

but there was a doubt and he would give the accused the benefit of it and dismiss the charge. On the charge of trespassing, accused was convicted and ordered to pay 7/- costs and 4/3 witness’ expenses. BY-LAW CASES. On the information of the Borough Ranger (Mr A. Smith), Annie McCallum was fined 5/-, with costs 7/6 and solicitors’ fee 10/6, for allowing two cows to be at large. On similar charges, E. E. Bonney was fined 20/-, with costs 7/- and solicitor’s fee £1 1/-, and Emma May Perry 5/-, with costs 7/and solicitor’s fee 10/6. SITTING AT OREPUKI. POLICE AND CIVIL CASE. A sitting of the Magistrate’s Court was held at Orepuki on Tuesday last by Mr George Cruickshank, SM., when the following cases were dealt with:— DRUNKENNESS. A first offender, charged with being found drunk at Orepuki on October 27 last, was convicted and fined 10/-, costs 7/-. A first offender on a like charge was fined 10/-, no costs. / A third first-offender, charged with being found drunk in Main street, Tuatapere, on October 29, was fined £l, costs 7/-. BY-LAW CASES. Herbert Crow, charged with riding a bicycle without a light on Half-mile road, Tuatapere, after sunset on October 18, was convicted and fined 10/-, costs 7/-. Kearnan Kearns, same offence, was fined 10/-, 7/- costs. James Corbin, charged with on October 26, he did ride a bicycle after sunset in Dover street, Orepuki, without a light, was fined 10/-, costs 7/-. Frederick Lennon, same offence as above on November 1, fined 10/-, costs 7/-. Frederick Herrick, same offence as above, fined 10/-, 7/- costs, and for riding on footpath in Dover street, Orepuki, was convicted and discharged. POLICE CASES. Donald McKay, on remand from Tuatapere to Orepuki Court, charged that on October 21, 1924, at Tuatapere, was drunk while in charge of a motor-car on Main road, Tuatapere. He was convicted and fined £2, Court costs 7/-, witness expenses 10/-. Gavin Dickson, sent., was charged that on October 27, at Tuatapere, he did use obscene language within the hearing of persons in a public place, to wit Main road, Tuatapere. He was convicted and fined and ordered to come up for sentence and prohibited. CIVIL CASES. John Pitcairn Campbell v. R. A. Ferrier (judgment summons), claim £4 5/4. Defendant was ordered to pay £4 5/4 on December 1, or in default seven days in Invercargill gaol. Jean Fortune v. D. G. Te Au (judgment summons), claim £2O 10/7. Defendant was ordered to pay £2 10/- a fortnight, first payment to be made on November 10. David McGregor v. E. Marshall, chum for £3 4/-. The case was adjourned till February. W. Crowther v. J. McDougall. Judgment for plaintiff was given by default for 14/4,