MAGISTRATE’S COURT

Southland Times, Issue 23378, 9 December 1937, Page 7

MAGISTRATE’S COURT

WEDNESDAY (Before Mr W. H. Freeman, S.M.) Two youths, whose names were suppressed, pleaded guilty to casting offensive matter. Mr B. W. Hewat appeared for the defendants. Senior Sergeant W. Kelly, who prosecuted, said that at 1.25 a.m. on November 28 defendants committed the offence in the Crescent near the pie-cart. There had been numerous complaints about this nuisance in the past. For the defence Mr Hewat said that it was questionable if the action was an offence. The occurrence took place at 1.30 on a Sunday morning and counsel doubted if there was any offence. The defendants were not creating a nuisance and they were out of sight. Both men had responsible positions in the city. What they did was neither harmful nor offensive. Counsel asked for suppression of the names of both the defendants and asked that the minimum penalty be imposed. Each was fined £5 with costs 10/— and an order was made for suppression of their names. TRAFFIC OFFENCES For riding a bicycle on the footpath, to which charge he pleaded guilty, Rupert Phillip Tutty was fined 5/- with costs 10/-. Frederick Hunter pleaded guilty to riding a bicycle without a light and was fined 5/- with costs 10/-. For driving a. motor-car without holding a driver’s licence, to which charge he pleaded guilty, Arthur Sutherland was fined 5/- with costs 10/-. Charged with driving a motor-car which did not carry a warrant of fitness, John Pagan pleaded guilty and was ordered to pay costs 10/-. Albert Edward McFarlane, the owner of the car, pleaded guilty to not possessing a warrant of fitness and was fined 10/-, costs 10/-. Hugh Ferguson pleaded guilty to two charges of overloading a motor-lorry. On the first charge he was fined £5, with costs 12/-, and on the second he v/as ordered to pay costs 10/-. James Coveney pleaded guilty to negligently driving a motor-car. Mr B. W. Hewat, who represented the defendant, asked for leniency stating that the defendant had already been punished when the case was brought up in both the Magistrate’s Court and the Supreme Court. The defendant was ordered to pay costs £1 1/-. Francis Joseph Gantley pleaded guilty to trespassing on a racecourse and was fined £3 with costs 10/-. Robert Alexander Kirker pleaded guilty to failing to keep to the left while driving a motor-car and was fined £1 10/-. Charged with using obscene language in Esk street a man of 24 years was fined £3. Accused, who pleaded guilty, was represented by Mr J. C. Prain. For fishing without a licence William Patterson Reid and Jack Brass, the younger, both of whom pleaded guilty, were convicted. Reid was fined £3 with costs £2 3/6 and Brass was ordered to pay costs £2 3/6. DEMOLITION OF HOUSE An application was made by the Invercargill City Council for an order for the demolition of a house at 20 Venus street, Invercargill, owned by the Public Trustee as executor and trustee in the estate of Michael Welsh, formerly a farmer, of Invercargill. Mr James Robertson appeared for the Invercargill City Council and Mr G. Caldwell represented the Public Trustee. Evidence was given by the city health inspector (Mr R. Bleakley) who said that in his opinion the house was insanitary. The internal surfaces were dirty and damp and the expenditure that would be entailed in repairs was not justified. Mr Bleakley produced a letter from the medical officer of health at Dunedin (Dr T. McKibbin) stating that he had inspected the building and suggesting its demolition on the ground that the house was unfit for further use.

A.n order was made by the court for the demolition of the house after June 30, to give the tenant sufficient time to find suitable premises. Costs amounting to £2 12/6 were allowed against the District Public Trustee, to be paid out of the estate.