MAGISTRATE’S COURT, TEMUKA.

Temuka Leader, Issue 10283, 12 January 1922, Page 1

MAGISTRATE’S COURT, TEMUKA.

I TUESDAY, JANUARY 10, 1922. f (Before Messrs J. Blyth and Sinclair, £ J.P.’S;. ( EXCEEDING SPEED LIMIT. 6 John Stewart (Dunedin) was f (.■barged with having driven a motor i car along King Street, Temuka, at a i greater speed than ten miles an i hour, contrary to ihe Temuka Bor- 1 migli by-laws. £ T. W. Hart (Christchurch), George i Lewis Berry (Christchurch), John t Failoou (Waihao Forks), Angus f Mackenzie (Ealing). William B. J Morris (Ashburton), Miss Ella Hel- f more (Fendalton, Christchurch), i were; similarly charged. The charges ! were proved by Constable Simister . ind Mr Geo. Judson, Borough in- r ■peri or, and in each case a fine of '■ 20s, with 7s costs, was imposed. f Sydney George Owers (Mayfield) ' md Douglas H. Clement (Ealing) r were charged with driving a motor I bicycle along King Street at a speed ■ycoaling ten miles an hour, - cor.- t 1-ary to the Borough by-laws, and r were each fin' d 20s and costs. - c Defended Cases. ' George T. Gale was charged with i driving a motor car in King Strcei. t Temuka. af a speed exceeding ten ( miles an hour, contrary to ihe Bor- 1 ougb by-laws, and pleaded not c guilty. Mr Molloy appeared for .be defend.ee. Mr G. Judson, who gave 1 evidence in support of the charge, i said he took action because he saw i defendant trying to pass other cars. < He was exceeding the speed limit, i He noticed how long it took a car to ( pass a marked distance. Defendant i was travelling from 18 to 20 miles 1 an hour, when he tried to pass other ] cars. He had no positive proof of the i rate, defendant was travelling, but 1 he was sure it was fully 20 miles 1 an hour. Defendant deposed that on the elite of the alleged offence he < was travelling through Temuka on his way to the Show. He saw Mr 1 Judson' with one or two other men, and knew he was an inspector. A i car ahead of him was going to the hospital, and he had to pul! round < and pass it. He was travelling at the rate of 81 miles an hour. When < he came to the borough he slowed down on purpose because he knew that Mr Judson was on duty. Ho had his wife and family with him, and in reply to a remark, his wife said the speed was only a little over eight miles an hour. There was very little traffic on the road, in tact the car that went to the hospital was the only one in sight behind him. His speedometer was very correct. The Magistrate said the evidence was conflicting, and under the circumstances the charge would bo dismissed. N ~ George South (Geraldine) was similarly charged, and pleaded not guilty. " In this case there was again a conflict of evidence. Mr Judson. who gave evidence in support of the charge, said defendant passed another car and this he considered a dangerous thing to do on such a busy day (Show Day). On the day in question, lie took no notice of Cciis that kept in line. Defendant deposed that he could not swear as to his speed, as be had no speedometer, but he had had a good deal of experience and was sure he was nor, travelling at ten miles an hour nor anything near it. Defendant s evidence was supported by his father, and the charge was dismissed. William Small (Geraldine), charged with a similar offence, pleaded not guilty. Mr Judson said defendant had travelled at quite 20 miles an hour. He passed another car, but he could not say whose. Defendant swore that he never passed another car in Temuka that day. He was travelling at 10 miles per hour. He watched his speedometer, as he had been warned before he left Geraldine. The case was dismissed. , . Roy Sherratt, charged with exceeding the speed limit on a motor cycle, did not appear, but was represented by Mr Molloy. Mr Molloy said defendant could not appear, but was prepared to admit that he had travelled at about 10 miles an hour. It was, however, only a technical offence, and there had been no danger to the public. A fine of 20s, and 7s costs, was imposed. UNREGISTERED MOTOR BICYCLE. Albert Ernest Tate was charged with riding a motor cycle along King Street, Temuka. without the machine being ’ duly registered. Sergeant Dwan said defendant had since registered the machine. A lino of 10s, with 7s costs, was inflicted. FAULT V IDENTIFICATION NUMBERS. William Austin Reilly was chargee, with driving a muter cycle King Street, Temuka, without showing" the identification numbers at the front and rear, contrary to the Statute. Sergeant Dwan said there was one number on. the machine. Defendant said he had chalked the numbers on the machine before he loft Winchester, but one got rubbed off. Ho had new numbers put on. Fined 10s with costs 7s. Arthur Cross (Cave), was charged with driving a motor cycle along King Street, Temuka, without haling the registered number affixed at ihe front and rear of (lie machine, Defendant did not appear. Constable Simister proved the case. The in., chine had a back number on it. A fine of 10s and costs 7s was imposed. DRUNKENNESS. A first offender was charged wim drunkenness, the offence being P^ 1 '■ ed by Constable Robertson. A fine of 10s and costs was inflicted.

THREATENING BEHAVIOUR. John Joseph Nolan was charged, with (1) having used threatening behaviour in a public place, King Street, Temuka, whereby a breach of the peace may have been occasioned, and (2) with having used indecent language on the same occasion. Robert Brosnahan was charged with using threatening behaviour in a public place. King Street, Temuka, whereby a breach of the peace may have been occasioned. Nolan pleaded not guilty to both cnargcs. and elected to be dealt with summarily. Brosnahan did not appear. Sergeant Dwan conducted the case for the prosecution. Constable Robertson deposed that on the date of the alleged offence he saw a crowd in King Street. He saw defendant ihere, his face having blood on it. Asked him what, he had been doing end was told he had better go and bud out. 'When going away defendant used the bad language with which he was charged. Then Bros-, nahan appeared and wanted to fight but some one took him away. Thos. Harold Washington deposed that on the night in question he was standing in front of Mr F.* Martin’s shop and saw some men struggling with Brosnahan. Nolan -was going away, but Brosnahan headed him and wanted to light. They finally came to grips, and that was all he saw, but he heard Nolamuse the language complained of. Nolan gave evidence on his own behalf. Brosnahan took hold of him and he told him to let go. as he did not wmnt any trouble. Witness had to give Brosnahan a push and he fell. Then he got wild and wanted to fight. Witness told him he was not. looking for fight and went away, but Brosnahan got hold of him and knocked him down. He did not remember using any bad language and he was not in the habit of using bad language. The Bench said Brosnahan appeared to have been the cause of the trouble. In the case of Nolan, the '•hinge of threatening behaviour would be dismissed, but on the charge of bad language he would be convicted and fined £2, with witness's expenses ss. Brosnahan would be convicted and fined £2, with Court costs 9s, and witness’s expenses ss. BAD LANGUAGE. Walter Leslie Reilly was charged with having used indecent language in King Street, Temuka, within the hearing of persons passing, and pleaded guilty. Sergeant Dwan said on the date of the charge defendant was riding along King Street, and saw the traffic inspector and interviewed him. Some words took place between them and the language complained of was then used. Defendant had pleaded guilty, and that was something in mitigation. The police did not want to press the charge, but they wanted - everyone to understand that when the traffic inspector was doing his duty they must not use bad language to him. The Court said this sort of thing must be stopped, and a fine of 20s was imposed. FIREWORKS IN THE STREET. D. Ward and Alex. Russell were* charged with having let off fireworks in King Street, Temuka, on the 31st December, contrary to the Temuka Borough by-laws. The charges were proved by Constable Simlster, who said defendants had let off bombs. A fine of 10s with 7s costs was inflicted in each case. Michael Hannifin, charged with letting off fireworks at Christmas time, pleaded guilty, and was convicted and discharged, with a caution. RIDING WITHOUT LIGHT. Cyril Barker was charged with riding a bicycle at night without a light." Constable Simister proved the charge and defendant was fined 5s and costs. CIVIL CASES. Judgment for plaintiff was given in the following cases; Capper and Sheen v. S. Bates (Studholme), claim £ll 12s -Id, Court costs 275, and solicitor’s fee £1 11s, were allowed. S.C. Farmers’ Agency Co.. Ltd. v. A. G. Hooper, claim £1 18s. The Court costs were 17s 6d. Mr Aspinall appeared tor the plaintiff in both cases.