LABOURER CONVICTED

Taranaki Daily News, 8 March 1935, Page 6

LABOURER CONVICTED

FALSE DECLARATION CHARGE.

SAID TERRIER WAS CATTLE DOG.

Benjamin Marsden, labourer, was charged at the Eltham Police Court yesterday with making a false declaration under section 9 of the Dog Registration Act, 1908. Represented by Mr. L. A. Taylor, Marsden defended the charge, but after a lengthy hearing was convicted and fined 10s and £2 12s costs. He was given two months in which to pay. The magistrate said that if Marsden registered the dog properly he would treat the matter with leniency.

Mr. J. L. Weir prosecuted on behalf of the Eltham Borough Council. A. J. McPherson, town clerk,’ gave formal evidence as to the fees for dog registration and the appointment of the dog tax collector. Arthur E. Lethbridge, borough inspector, said that on February 2 Marsden came to the office regarding the registration of a dog, which he claimed to be a cattle dog used for heading and driving stock. Marsden offered 2s 6d in payment of the fee. Witness said it would be necessary for Marsden to sign a declaration and Marsden agreed. He said he understood its meaning and signed it. Marsden told him that he was going to Riverlea and witness assumed that he was going out to a farm there as he had come from there about three years ago. The previous year Marsden had paid 10s dog registration fee. On February 16 witness told Marsden that it would be necessary to pay another 7s 6d to complete the registration of the dog as Marsden was not a drover, a farmer or a shepherd. He told him he had no right to sign such a declaration and Marsden replied that he had paid what he wanted to pay and was not going to pay any more. He had never known a fox terrier to work stock.

Mr. Taylor: I put it to you that two years ago you said to Mrs. Marsden .that you knew many fox terriers to be good with cattle. Witness: I deny that.

Opening the defence Mr. Taylor submitted that the information should be dismissed. It was plain that a guilty mind was a necessary ingredient in the commission of the offence, whereas the evidence showed that in making the declaration Marsden did not know it to be false. The inspector had known the dog since at least March, 1933, and knew that it should properly have been registered at a 10s dog. It was a pure revenue matter, with no public interest involved. It was the inspector who had filled in the form and handed it to Marsden for signature, and the inspector knew it was wrong.

The magistrate declined to uphold Mr. Taylor’s contention and refused to dismiss the case at this juncture. Mr. Taylor went on to say that Mrs. Marsderf would say in her evidence that in 1933 the inspector had said it could be used as a cattle dog because it had a strain of cattle dog in it. Marsden would deny that he had said anything about the dog being a cattle dog. Both defendant and his wife would say that they had decided last year to get rid of the dog and had written to people by the name of Murphy at Riverlea to take the dog and use it on the farm. The Murphys had actually arranged to take the dog. Thus on February 2 the declaration as to it being a cattle dog was in no sense false.

TENNIS MATCH AT NGAERE.

HUINGA VISITORS BEATEN.

By 13 sets, 112 games, to 3 sets, 63 games, Ngaere beat a visiting tennis team from Huinga. Results, with Huinga names first, are:—

Women’s singles: Mrs. Henderson lost to Miss Walker 2—6, Miss Lansdowne lost -to Mrs. Addenbrooke 4—6, Mrs. Martell beat Miss Stockman 6—5, Mrs. Andersen lost to Miss Sparks 2—6. Men’s singles: H. Henderson lost to G. Addenbrooke 4—6, L. Knowles lost to G. Harre 4—6, T. Kelly lost to G. Addenbrooke 2—6, L. Marfell lost to L. Taylor 4—6.

Women’s doubles: Mrs. Henderson and Miss Lansdowne lost to Miss Walker and Mrs. Addenbrooke 3—6, Mrs. Marfell and Mrs. Andersen lost to Misses F. Stockman and E. Sparks 4—6. Men’s doubles: H. Henderson and L. -Knowles lost to G. Addenbrooke and G. Harre 2—6, T. Kelly and L. Marfell beat G. Addenbrooke and L. Taylor 6—5. Combined doubles: H. Henderson and Mrs. Henderson lost to G. Addenbrooke and Miss Walker 2—6, L. Knowles and Mrs. Marfell lost to G. Harre and Mrs. Addenbroke 3—6, T. Kelly and Miss Lansdowne lost to G. Addenbrooke and Miss Stockman 5—6, L. Marfell and Mrs. Andersen beat L. Taylor and Miss Sparks

CYCLE RIDDEN AT HIGH SPEED.

RIDER CONVICTED AT ELTHAM.

At the Eltham Police Court yesterday Frank Hopkins, grocer’s assistant, pleaded guilty to riding a motor-cycle at a speed which might have been dangerous to the public. He was fined £1 and 10s costs.

Mr. J. L. Weir, for the borough council, said that Hopkins rode a motorcycle up the street past an intersection at a speed of 35 miles an hour. He said he was trying out the machine after it had met with an accident. It did not belong to him. It was desired to have this sort of thing stopped, especially at night. Hopkins said he did not think his speed was more than 25 miles an hour. GENERAL ITEMS Eltham Croquet Games Inter-club play between Avon players and Eltham at the Eltham Croquet Club’s lawns on Wednesday resulted in some very close games. Results were: Mrs. Collingwood and Mrs. Jenkin 26 v. Mrs. McKay and Mrs. Fountaine 23; Mrs. Alger and Mrs. Lampshire 17-26-26 against Mrs. • Cooper and Mrs. Manley 26-23-16; Mrs. McCrae and Mrs. Bryce 26-26-6 v. Lady Camcross and Mrs. Gubb 10-25-20; third game not finished; Mrs. Jenkin and Mrs. Collingwood 26 v. Mrs. Gower and Mrs. Egarr 11; Mrs. Jenkin and Mrs. Collingwood 26 v. Mrs. McKay and Mrs. Egarr 22.

Cyclists Without Lights. Harold, Taylor, a young grocer’s assistant, was fined 5s and 10s costs at the Eltham Police Court yesterday on a charge of riding a bicycle without a light. A charge of riding on the footpath was dismissed. Herbert Glentworth was also fined 5s and 10s costs for riding a cycle without a light. Alleged Assault.

At the Eltham Magistrate’s Court yesterday A. R. Kemp (Mr. J. Hessell) proceeded against J. A. Rankin (Mr. A. K. North) for damages amounting to £95 19s for alleged assault. When the case was called Mr. P Coleman applied for an adjournment to next court day owing to the illness of Mr. North, and this was agreed to by Mr. Hessell. Eltham Default Judgments.

Judgment by default was given by Mr. W. H. Woodward, S.M., at the Eltham Magistrate’s Court yesterday in the following claims: Eltham Motors Ltd. v. John O’Hagan, £7 14s (costs £1 14s 6d); J Scott v. E. Pratt, 13s lOd (8s); H. Wells and Co. v. J. Weedon, £2 7s 6d (£1 3s 6d).