MAGISTRATE'S COURT

Stratford Evening Post, Volume XXXVII, Issue 84, 2 November 1918, Page 8

MAGISTRATE'S COURT

DEFORE MR A. CROOKE, S.M. The fortnightly sitting of the Stratford Magistrate's Court was held yesterday. OBSCENE LANGUAGE, James Maxwell, pleaded guilty, when eharged that on 12th October at Whatigamomona, he did use obscene language on the platform of the railway station. Sergeant Dale appeared for the police. Constable Potter, Wliangamomona, stated that on the date mentioned, defendant was in the s ree't along with some other men, and hail language was being used, though he could not swear Ivy whom. He warned Maxwell Latei lie found him on the railway station in the midst of a number of men, saying that lie was going to fight the policeman, and using obscene language. Maxwell was a "waster." Maxwell: You don't know me, to call me a waster. Continuing, the constable said that defendant traded on the fact that he was a returned soldier. He was in the employ of the public works, and when sober was a really hard-working man. in reply to the Magistrate, Maxwell said he objected to a prohibition order being taken out against him. In explanation of the occurrence lie said he had a few drinks, and he did . not suppose it would have happened j if he had not had them. Maxwell was fined £'s and ordered to pay costs, 17s. ASSAULTED THE CONSTABLE. That on 15th October at Wliangamomona, he. did assault John Potter, police constable, while in the execution of his duty; and further that he did'wilfully damage a police uniform valued £2 12s (id, was the charge against Hector O'Halloran, who did not appear. Sergeant Dale said accused resided at Wliangamomona, and was a married man. He went home drunk and commenced to beat his wife, who went to the Constable for assistance. He went to the house, and on entering, was attacked by O'Halloran. A sctirfile ensued, the constable succeeding in downing his man, and pacifying.; him. Later O'Halloran threatened'' to sue the constable, and spread a tale of scandal. Constable Potter said that at 3 p.m. on loth October, he was called by Mrs O'Halloran, who said that her htiyband was breaking up the., •furniture and calling her vile names. When he got to the house O'Halloran said: "Has she sent for you again." Witness had previously been at the ■house owing to trouble. On the recent occasion O'Halloran flew at him and they bad a struggle, but witness got him down. Witness received a slight blow under the eye, and Ids overcoat was torn from top to bottom. Accused had since expressed sincere regret for the occurrence, and there had not been any more trouble . ; ' His Worship convicted O'Halloran, and ordered, him to come up for sentence when called upon, and to pay the damage to the overcoat £2 J2s 6'd. CIVIL. Judgment for plaintiff by default was given in the following civil cases: W. E. Jones (Malone and King) v. E. Ti'ask £lO, costs £1 8s Od; A. Drake (Mr P. Thomson) v. T. W. McDonald £9 3s'7d, costs £1 7s (kl; same v. J. Dodunski £1 (is Od, costs 12s; J. Pennington (Mr P. Thomson) v. Alfred Hail £l9 Us 9d, costs £1 5V (id; N.Z. Loan and Mercantile Co. (Mr Thomson) v. T. H. Trask £2 Us 3d, costs 6s; E. N. Heal (Mr Thomson) v. Sid. Sell wood £3 ss, costs 10s; O. Bridger (Mr Thomson) v. A. Gollop 10s, costs os.; Hospital and Charitable Aid Hoard v. Frank Dean £lO 7s, costs £1 Lis (kl; li. W. Currin (Malone and King) v. P. Hansen £3 10s, costs Us; judgment summonses —W. Love.tt v. A. Cuthbertson £2 17s Ud. Debtor was ordered to pay off 10s per month, first payment on 29th November; Masters Ltd, v. Cuthbertson, 19s lid—Ordered to pay within two months. Newton King (Malone and King) v. J. H. Robson £6S 4s 9d—To lie paid before 15th November, in default two months' imprisonment, A. J. Davgy (Malone and King) v. H. Slight £lO 18s 6d Ordered to pay within two weeks, in default seven days' imprisonment. FURIOUS DRIVING. Ernest CYabtree was charged that, on October 18th, on I.lountain Road, S.gaere, he was drunk, while in charge of a motor-car, and further, that he drove at a speed dangerous to the public. Mr A. H. Johnstone appeared for the defence, anil entered a plea of not guilty. . Sergeant Dale conducted the prosecution, and called evidence. James Fredric, Stratford., said he was returning home, on 18 October. His car was a light one, and he was traveling about twelve miles per hour, just, alter passing Ngaere Cardens. He was well on his o„ n side of the road. He roticed a large car coming along at about, forty miles per hour. Witness stopped as soon as possible, because he saw from the, manner in which the approaching ear

was corning that there was no chance of avoiding a collision. He stopped his car near the edge of the bank. The rear part of the oilier car caught it, and threw him out, and ! knocked the car over the bank. The ! car went about eight chains before stopping. Witness sustained a dislocated arm. A man in uniform got out of the car. Witness asked to be .driven to Stratford to have his injuries attended to. Another man (Crabtree) came along, and witness accused him of being drunk. After about twenty minutes Crabtree agreed to drive witness home. He denied being drunk, and stopped at the Police Station to see the sergeant. The latter told him to take witness home. This he did, and, on arrival, asked a friend of witness if he (Crabtree) was too drunk to drive a motor-car. The friend replied that he wanted to see him drive first. He asked if he could assist witness, anil he told him to get I)r Steven, lie wrote down the name in a book, the writing being very peculiar. To Mr Johnstone: He did not •><'- Clise the soldier of being drunk. The first thing he asked the soldier was whether he drove tho car, and said that the man must have been drunk. At the Police Station the sergeant came out and spoke to them. Witness had an accident Tour or five, years ago, when a car tipped over through skidding on the frosty road. He had his present ear two years. The. width ol | |the road at the. scene of the. accident 'was 51ft Gin. The metalled* portion was lift (an. The plan produced in Court was made last Tuesday. Cross-examination was proceeding when the Court adjourned till next sitting. . A case of assault, and an information in collection with straying cattle were adjourned till next iriday.