MAGISTRATE'S COURT.

Sun (Christchurch), Volume I, Issue 41, 25 March 1914, Page 8

MAGISTRATE'S COURT.

(Before Mr T. A. B. Bai!*f, S.M.) DISORDERLINESS.

Thomas F. Mitchell was eharged with drunkenness, and also with using iadecent language. He was convicted on both charges, and fined 20/- on the second. Senior-Sergeant Mathieson said that the accused had behaved in a very insulting manner. A constable in uniform passed him, and the accused put his fingers tq his nose, and raised a general laugh. His conduct and language were such that the constable took him in charge. Two first offenders were fined 5/- for drunkenness, in default 24 hours' imprisonment. One applied for time to pay r and was refused, as his record was a bad one, even though he was a statutory first offender.

MOTORCYCLE COLLISION.

Charles Beach was charged with riding a motor-cycle too fast over a crossing. A witness gave evidence that the defendant was riding at a speed of •«bout 24 miles an hour in Gloucester Street. Another motor-cyclist, named Perry, coming ajong Barbadoes Street, collided with the defendant, and was injured in the collision. He was thrown about ten feet, and fell on the back of his head.

Other witnesses gave varying estimates of the speed at which the defendant was travelling, one estimate being about fifteen miles per .hour. Constable Copland gave evidence as to interviews with Perry and Beach. Beach told him that if Perry did not want witnesses called for the prosecution he did not either.

Mr Dacre (for the defendant) objected to the admission of this evidence. He said that the defendant was assured that the statement made by him would not be used ki evidence against him. Constable Copland said that he got the statement under instructions from headquarters. Senior-Sergeant Mathieson said that the procedure was adopted to savetthe parties the expense of witnesses. If a party who was being prosecuted indicated that he was going to plead guilty, the witnesses would not be brought, and costs would be reduced. Mr Dacre said that Beach went over the crossing at six miles an hour. It was Perry who caused the collision. He was going at such a rate that when he struck the defendant's bicycle he was thrown right over his own "bicycle. The defendant gave evidence in sup.port of his case. Senior-Sergeant Mathieson: Did you get on your bicycle and clear out? Witness: No. The senior -«ergeant: If Sergeant Dwan says that you did, will you contradict him?— Yes. The senior-sergeant: I will ask you Worship to hear Sergeant Dwan. The. senior-sergeant questioned the witness as to his admissions to Constable Copland, and Mr Dacre protested. The senior-sergeant objected to the interruption, stating that he had listened to Mr Dacre "chattering" as long as he liked without interruption, and now he wanted no interruptions from Mr Dacre.

George Perry, the other party to the collision, who was also charged, said that he was only going seven miles an hour over the crossing. He explained that his bicycle did not get across the street—he went across the street instead on Ms head.

The magistrate decided that both defendants had exceeded the limit, and fined them 10/- each, with £1 costs each.

CYCLING WITHOUT LIGHTS. Eric Batten, a school boy, was dismissed, with a fine. John Farrow was fined 10/-. Frederick Campbell Spratt (Mr Eowe) pleaded not guilty. The question a*ose whether the sun had set at the time of the alleged offence. Constable Porteous said one daily paper gave the time at 6.43 on the date of the afiair. Mr Rowe said that another authority gave 7 it at 644. He thought that there should be some astronomical evidence on the. subject. "What was the time by the town clock?" asked Mr Eowe. ' "I don't know what the town clock said," replied the constable. He went on to explain that he left home at 7.30 "to catch bicycles," and at 8.5 he caught Mr Spratt "But the sun does not set by your watchl" Mr Rowe protested. The witness defended his watch from any aspersions as to its reliability. Mr Rowe gave an account of Spratt's movements after tho encounter with the constable, contending, that these showed that Ihe, constable's watch was wrong. The Magistrate said he would not convict A" this4sa.se. Alexander Waddeli and Harry E. Woods were each fined 10/- and costs. Arthjor Adlam was convicted and discharged. CYCLING ON FOOTPATH. Walter Mills was fined 7/- and costs for cycling on a footpath*