MAGISTRATE’S COURT.

Temuka Leader, Issue 10051, 8 February 1927, Page 2

MAGISTRATE’S COURT.

GERALDINE. (Before Mr Grr-Walker, S.M.) DEFENCE ACT CASE. Win. H. Hampton was charged with failings to attend drill, and the Sergeant-Major stated that the case was a bad one. His Worship said he • had received a letter from defendant, who said he occupied a position in a school which was understaffed, and he could not leave on Thursday afternoons. He offered to do extra work at camp. In reply to his Worship, the Ser-geant-Major said defendant had not applied for leave. Defendant was convicted and fined IDs and costs. .MOTOR QABES. John* Bryant was charged with riding a motor cycle in a manner, that might he dangerous to the. public. A Constable Hogg said accused. r: w.as,. riding along Talbot- street about 8,. o’clock on a busy night, when there were many people about, and was travelling at about 45 miles an hour. He had a-lady riding behind him.

Defendant said he estimated his speed at 28 to 30 miles, but when speaking to the constable , said 40 miles. He said be had full control and was not going all out. There was little traffic on the road. His Worship: They heard you coming, probably. His Worship said lie held that 40 miles’ or thereabouts in a town' was dangerous, and he inflicted a fine of £5, with ..costs, and, by. way'of warning cancelled his license till 31st March.

Daniel Bell (Mr T. C. Farnie) was charged with driving a motor car in a manner that was dangerous.

Constable 'Callanan said' two girls were riding bicycles- to Geraldine, and defendant struck one of -the cycles, knocking the girl off; though she was not injured, the cycle was. It was a dark, wet-night, and ail had lights, the car travelling on the crown of the road.

(Accused pleaded guilty, hut gave evidence in mitigation. He said he drove at about 10 or 12 miles ali hour, and he was continually wiping the windscreen. They thought they struck a stone, and on stopping, a lady told them they had run over a bicycle. 'The lady said the cycle was broken hut no one was hurl. He only had four drinks all day. He could not see the cyclists.

<1 UICJV. lt;. ■ IUC fWSij : -W - ■ was broken hut no one was hurl. He only had four drink® all day. He could not see the cyclists. His Worship asked defendant, to explain how, it was he did not see ! the • cyclists. The defendant said his lights ' were not good. It was not in consequence of the drink, A 1 ■ His Worship thought%lib drink and the bad visibility were both contributing factors. ' Defendant was convicted of driving negligently and fined £5 and costs. , ADDED ED BREACH OF LICENSING ACT. Mrs A. G. Deverall was charged that on the 27th September she-did take liquor into a no-license district . without complying with the provisions of the Act. , It was stated that, defeii'dant had a clearing sale, and got in ; 15, gallons of beer and three bottles of whisky. Defendant pleaded not guilty, and iMC'Gol'l, of the jGI.F.q.A.,' said he received instructions from Mrs Deverall to order luncheon for the sale with beer and whisky, and he passed on the order. Mrs Deverall said she did not order the liquor. ■Constable ' Callanan said defendant made a statement to him in. which she said she was paying fertile liquor.’.: ■ ' - Mrs Deverall said Mr McColl suggested getting the liquor to help the sale. She said McColl had ordered it. His Worship held that .the evidence did not support the information, and he could not allow an amendment of the latter. Malcolm McColl was then charged with ordering the liquor for Mrs Dpvprall: and Mr H-odson for de-

Malcolm McColl was then charged with ordering the liquor for Mrs Deverall, and Mr Hudson for defendant pleaded guilty and' said Mr McColl overlooked the fact that the boundary had been altered and Peel Forest brought under the Ashburton no-license area.

Constable Callanan said many were under the impression that the Ilangitata river w r as the boundary, and the cases were brought as a

warning. Defendant was lined £2 and costs 10s.

Price was charged with sending liquor to a no-license area, and Mr Hodson for defendant said the order given to' defendant 'did not indicate that the liquor was to go to .a uo-liceiise district, and it was sent to Geraldine. The police maintained, that the offence was. unintentional, but maintained that greater care should have been exercised. ...... , ... Defendant wms lined £2* and costs. MAINTENANCE CASE. ■■ M. Mulhern was charged with failing to obey a maintenance order. Mr Faruie, for defendant, said defendant pleaded guilty, but asked for a modification of the order. He had only received £9O during the last year, and manifestly could not pay 3 Ois a iveek, as he had to maintain himself, and Was in arrears £7O 100. , ' ■ Mr Inglis appeared for the wife. •' The-derfendant gave evidence "at some length in support of his a.ppUcatibn,’ and said he was'"unable

to pay'more than lie had' done. ■ He - stated Uiat hit; wife' .had Kept hoarders.Mr Inglis i called evidence that : ) Mrs Mulhern- had only.. had one hoarder for three months -ail'd- two for a fortnight, and since then had been ill. ■ •'-After -a- long -hearing,-his Worship said the question-in his mind was whether ' defendant had done his best to get work, for the evidence was not satisfactory. He would defer tile case for two months to see if lie got work. It was obvious that the wife had not been earning and must be maintained. Defendant must understand that in the meantime he must pay his wife what he could, and on his actions the case would largely depend. JUDGMENT SUMMONS. McGregor and Bennett v. S. J. Bennett. Mr Barklie appeared for the plaintiffs, and stated that defendant had paid .other creditors. • On being sworn, defendant said he' Had only paid -older debts' and - for maintenance. His earnings had been £3 IDs and £4 a week.

'After 1 hfehring the evidence*. no order'Was' made. ' " ' ■

Vla.ll v; Cairns. Mr Barklie, for plaintiff, who obtained judgment for £3 18s in‘dune last, remarked that the plaintiff was a wine merchant. Defendant stated that he had been unable to pay. He had earned abodt £3 10s a week, but had not got the money in and had some £2O, owing to : him. He paid 12s 6d a week rent for a'house, and had been paying 10s for a shop. No order was made. . CIVIL CASES. C.F.iC.A. v. L. Storey. Mr Barklie, for plaintiffs, obtained judgment for, £3 4s 7d, with costs.' - Same v. J. Vincent, claim £6 8s sd. Mr Barklie. obtained judgment with costs.

Same-v. D. Bates, claim £25 19s lid. iMr Barklie obtained judgment' with costs!