POLICE COURT

Southland Times, Issue 21197, 25 September 1930, Page 4

POLICE COURT

MISCELLANEOUS LIST. SEVERAL MOTOR BREACHES. In the Police Court yesterday 'Mr IS. C. Levvey, S.M., dealt’with a miscellaneous list of cases. The Commissioner of Taxes, for whom Mr 11. J. Macalister appeared, proceeded against Eric Matthews Russell (Mr T. Meredith), George Edward Applegarth, of Bluff (Mr Gordon Reed), and Ernest Arnott Nichol, of Bluff (Mr B. W. Hewat), for failing to furnish returns of income. The Crown Prosecutor said there was no difference in the merits of the three cases. On behalf 1 of Applegarth a plea of financial hardship was advanced, and for Nichol, Mr Hewat reminded the Court that Nichol had been fined a week before for failing to furnish a land tax return, which could be regarded as part of the same lapse.' Applegarth and Nichol were each fined £2 and costs,’ and Russell was fined £5 and costs. Edgar William Challis (Lochiel) was fined 20/-, with costs 10/-, for driving a motor car without his license. For driving> a motor car without a reflector, Thomas Leonard (West Plains) was fined 20/-, with costs 13/-. Similarly charged, Jack Kelly (Ohai) was fined 20/- and costs 15/-. Stanley Ash, for driving,his motor cycle at a dangerous speed, was convicted and fined £2, with costs 10/-. On a charge of speeding, he was ordered to pay costs 10/-. His Worship, endorsing the defendant’s license, warned him that it would be confiscated should any further breaches be committed in the future. Charged with dangerous driving, John McDonald (Wanganui) was fined 20/-, with costs 10/-, and Stewart Clelland Kidd (Clifton) £6, with costs .12/-. Harry Clark, for failing to display lights, was fined 20/-, with costs' 10/-. Similarly charged, Walter*Ellis was fined 20/-, with costs .10/-. Charged with failing to give way to vehicles on the right at an intersection, George Berwyn Meredith (Mr T. Meredith) was fined £l, with costs 13/- and witness’ expenses 5/-.

David Ronald Jones (Woodlands), for whom Mr Gordon J. Reed appeared, pleaded guilty to driving a motor car in a negligent manner and to driving without a license. A fine of £2, with costs £1 7/- and witnesses’ expenses £1 was imposed on the first charge and 20/- and costs 10/- on the second. Robert Hume Miller (Waituna), charged with parking a car on the wrong side of the street, was fined 20/- and costs 12/-. John Livingston, who pleaded guilty to charges of failing to have his motor car equipped with a tail light and with a reflector, was fined 10/-, with 10/- costs, on the first and costs 10/- on the second charge. For failing to give way to a vehicle approaching on his right, a Chinese, Harry Yow (Mr Gordon Reed) was fined 20/-, with costs 12/-. Gerald Clark and Robert Sherriffs were each fined 10/- and costs for riding bicycles after dark without lights. For driving a motor lorry without a motor driver’s license and without a heavy traffic license, Thomas A. Woodward was finer! £3, with costs 12/- on the first charge, and 20/- and costs 10/- on the second.

For riding a bicycle on the footpath in Earn street, Walter Brown was ordered to pay eosts 10/-. . Alexander Low (Otautau), George Williamson (Ohai), John A. Mangan (Tuatarere), and Francis Soper (Lorneville) were each fined 10/- and costs 12/- for failing to produce motor drivers’ licenses when requested. For driving a motor car past the rear of a stationary tramcar, Noel Sutherland (Clinton) was fined 20/- and costs 12/-. For failing to display the respective lights on his motor cycle after dark, Thomas Smith was fined £2, with costs 10/-. Joseph Bragg (Grove Bush) was fined 10/-, with costs 12/-, for driving a lorry without a tail light. Joseph Fleming (Mabel Bush) was fined 10/-, with costs 12/-, for operating a motor cycle after dark without a tail light. Bessie Ross (Dipton) did not appear, but wrote pleading guilty to a charge of driving a motor car without being the holder of a driver’s license. She was fined 20/- and costs 12/-. For driving a taxi without having his license specially endorsed, Edward Hilton was ordered to pay costs 12/-. Ainsley Stuck, who pleaded guilty to operating a motor cycle without an efficient silencer, was ordered to pay costs 12/-. William George Shaw, for whom Mr Eustace Russell appeared, pleaded not guilty to driving his motor car in it dangerous manner. After hearing evidence at length and the argument by counsel, his Worship held that a purely technical offence had been committed. The defendant hail acted as he thought right in the circumstances. Defendant was fined £1 and ordered to pay costs £1 7/-, with witnesses’ expenses £2 19/8. Proceeded against by the city health inspector for allowing offensive matter and refuse to accumulate, Walter Mann was fined £3, with costs 10/-. Mischief Charge Dismissed. Ronald George Taylor (Mr Gordon Reed) pleaded not guilty to u,charge of committing mischief on September 19 by wilfully breaking a window, valued at £l4, the property of Charles Begg and Company. Senior-Sergeant Fox, who prosecuted, said that the defendant, who was in a drunken condition and being assisted along the street by companions, broke away and fell against the window which broke. The SeniorSergeant submitted that, by hie recklessness of consequences in becoming drunk, the defendant had brought his action within the scope of the legal offence of “mischief.” The widest possible interpretation should be adopted, argued the Senior-Ser-geant, because it should be recognized that drunken men could recklessly put themselves in positions to cause hundreds of pounds worth of damages, and, although they would be liable civilly, the amount could not be obtained from them if they were in impecunious circumstances. The Magistrate said that, although he appreciated the point raised, lie was of the, opinion that the section did not quite meet the case. The information was accordingly diemissed.