MAGISTRATE’S COURT.

Taranaki Daily News, 26 August 1921, Page 7

MAGISTRATE’S COURT.

NEW PLYMOUTH SITTING. Mr. A. W. Mowlem presided over a sitting of the New Plymouth Magistrate’s Court yesterday morning. CHARGE GF FORGERY. The case against Stanley Hunt Mercer, Tongaporutu, of on Ocotber 13, 1920, forging the name of W\ J. Avery, Awakino, to an order for liquor and forwarding it to David McPherson, licensee, Waitara, was further adjourned till September 1. The other two charges of keeping liquor for sale and of selling it in a no-license area were similarly remanded. Bail as before was allowed, viz., one surety in his own recognisance for £lOO and two of £lOO each. POLICE CASES. On the information of the police, Leslie Young was convicted and fined 10s (costs 7s) for leaving an unlighted car in Devon Street on the evening of July 29. Frank Balchin, for driving an unlighted vehicle along Robe Street on July 31. at 12.30 a.m., was convicted and fined £1 (costs 7s). Wm. Crane, motor-driver, Waitara, pleaded not guilty to a charge that on July 2 he drove a motor-car in the borough of New Plymouth at a greater than 12 miles per hour. Evidence was given by Constable Hadler and F. N. Jellyman, who estimated the speed defendant travelled through Devon Street between the intersections of Liardet and Queen Streets as 30 miles per hour. The defendant questioned how the witnesses could gauge the speed he was travelling without timing him. He had done his utmost to regulate his speed and always drove by his speedometer which, all the way from Waitara to New Plymouth, did not register more than from 12 to 15 miles per hour. The Magistrate convicted and fined defendant £1 (costs 14s).

C. Jeffries, who was £l2 'ls 6d in arrears on a maintenance order, was convicted and sentenced to 14 days’ imprisoriment, the warrant to be suspended if he paid £5 within 14 days and the balance of £7 Is 6d within a month, the warrant to become inoperative at the expiration of that time if Jeffries paid the amount in fall. The police proceeded, against George Sadler, chief steward at the Taranaki Club, for allowing the chimney at the club to catch lire on August 8. Con-st-able Parkinson, who gave evidence, said that both Sadler and the second steward admitted the offence. Defendant was convicted and fined 5s (costs

TRUANCY - CASES. The truant officer for the Taranaki Education Board (Mr. Geo. Pascoe] proceeded against Edward C. Rooke for failing to send his son to the West End School ou August 8,9, 10 and 11. The rnlos and by-laws of the .Education Board stated that a child from Standard 111. upwards may be given homework. To this provision defendant objected and took the step of keeping his boy away from school. Defendant said he had refftsed to send his son tq school till th*' schoolmaster

gave an assurance that his child should not be punished for failure to do homework. He thought that the school was the proper place for lessons, and not the home. He objected to the child having to do school work under compulsion.

The Magistrate said that defendant’s action amounted to his putting his authority as father of the child before that of the Education Department in the matter of school work. He could not accept defendant’s excuse. If the home-work set had been excessive, that would have been a different matter,. Defendant would be wisely advised, to send his child to school. In keeping the boy from school he had taken quite a wrong step. Defendant would be convicted and fined 10s (costs 7s).

Richard Simpson was charged 1 with failing to send his child Ito school on August 2,3, and 5. The truant officer said he had given defendant repeated warnings. Defendant, who did not appear, waj fined 10s and costs 7s. Foi’ a similar offence, Charlotte Mary Merhead, who made no appearance but put in a letter (a course which the Magistrate characterised as ”a very improper step”) was fined 10s (costs 7s). A MOTORIST’S OFFENCE. On the information of the Taranaki County inspector (Mr. B. Tippins), Philip E. England was charged that on July 27 last lie drove his car at a pace dangerous to the public, considering the surrounding circumstances. Defendant said he would plead not guilty. Mr. .1. H. Quiriiam, in outlining the case, said that the occurrence took place on the main road at Bell Block, where soime of the County Council’s employees were engaged in excavating the road for the purpose of putting in some new 3ft pipes. So as not to block traffic half of the road was being done at a time, the remaining part being boarded off, leaving about 8 feet of road for vehicles to use. Danger flags had been shown about 250 yards on either side of the work, and danger boards had been erected. The' inspector also had been stationed on the spot to regulate the traffic. At the time the defendant came along the second part of the roadway was being attended to. Defendant must have seen the danger notices, but, in any case, the inspector signalled him to stop. He however, did not slacken speed, but flagrantly disregarding the inspector's signal, drove down the hill over the excavation work and up the hill on the other side at anything from 20 to 25 miles per hour. Three of the council’s employees were working underneath, and, the road being in such an insecure state, they might have been buried by the impact of the fast-travelling car on the soft earth.

Defendant, in a statement, said he had been driving cars for 15 years, from the north of Auckland to south ot Dunedin, and this was the first time he had been accused of contravening the motor regulations. He admitted that he was travelling at 25 miles an hour, but when he reached the top of the down) grade and saw the inspector’s signal, which he thought was not a warning ta stop but to slacken speed, he slowed down to 18 miles an hour, which he thought was a reasonable pace. Ho did not know that any men were work-, ing underneath.

Tho Magistrate pointed out the gravity of the charge and convicted and fined defendant £3 (costs £1 8s).

COUNTY CASES. The county inspector also proceeded against Gordon Calvert for driving an unlighted, gig on the Waitara-New Plymouth road on August 12 an hour after sunset. He was fined £1 (costs 17s! 6d). For allowing 15 heifers and yearlings and one bull to be at large on the Upper Mangorei Road on August 12, Fred Smith was convicted and fined £2 (costs 17s 6d). BREACHES OF BOROUGH BY-LAWS. Hercules Moon, for riding an unlighted cycle after dark in Devon Street East, on August 10, was convicted and fined 10s (costs 7s W» Ewing, who rode a cycle on the footpath in Tukapa Street, Westown, on July 18, was fined 5s (costs 14s 6d). Eric Arden, for driving past in his motor-car on the near side of a tramcar, which had stopped at Gover Street to set down passengers, was convicted and fined £3 (costs 7s). R. Monteath, for riding a motorcycle in Devon Street on the outskirts of the borough at a speed greater than 20 miles per hour, was convicted and fined £2 (costs 7s). UNDEFENDED CASES. Judgment for plaintiff by default was given in the following undefended cases: Henry Brown and Co. (Mr. T. P. Anderson) v. Norman Hamlin, £44 Us 3d (costs £ 6 7s 6d); Standard Fire Insurance Co., Ltd. (Mr. A. Bewley) v. C. F. Smith, £8 2s (costs £1 10s 6d); Edward Vinsen (Mr. A. A. Bennett) v. Donald Ross, £9 13s (costs £1 5s 6d); Same v. Timi Putu Whatta, £7 6s (costs £2 6s 6d); Hallenstein Bros. (Mr. A, L. Lawrey) £1 16s (costs £2 4s). In the case of the New Plymouth High Schools Board (Mr. A. A. Bennett) v. Harry Middleton Lee, a claim for £42 4.3 10d, debtor fvas sentenced to six weeks’ imprisonment, tho warrant to be suspended for fourteen days to give debtor an opportunity of paying.