MAGISTRATE’S COURT.

Temuka Leader, Issue 10180, 15 December 1927, Page 1

MAGISTRATE’S COURT.

SITTING IN TEMUKA,

TUESDAY, DECEMBER 13, 1927

(Before Mr C. R. Orr-Walker, S.M.)

CIVIL CASES

In the following cases judgment was given for plaintiffs by default: :W, J. Foster (Mil G. J. Walker) v. ■G. Ellen, claim £5 6s Gd (court -costs 15s, solicitor’s fee 15s Gel); J. Cross (Mr G. J. Walker) v. E, Howard, claim £1 15s (9s court costs); Guy Francis Hooper (Mr G. J. Walker) 'v. George Henry Robinson, claim £l3 10s, (court costs £1 4s, solicitor’s fee £1 lls): Agnes Elder (Mr F. J. Smith) v. Lionel W. Murphy, claim £l3 15s (court costs £1 ss, solicitor’s fee £1 lls); R. B. Comer (Mr G. J. Walker) v. H. Bennett, claim £8 lls (court costs 15s, solicitor’s fee 15s Gd). W. M. Coombs (Mr G. J. Walker) v. E. Williams, claim £3 IGs Gd; judgment summons. Defendant did not appear. Mr Walker asked for an order for payment of balance of 15s and costs. Ordep made for payment of £1 8s Gd forthwith, in default two days’ imprisonment in Timaru prison.

Chairman and members Temuka Domain Board 1 (Mr |G. J. Walker) v. R. A. Johnston; judgment summons. Defendant did not appear, and an f order was made for payment of £2 3 3s 3d forthwith, in default 21 days’ imprisonment in Timaru prison, “warrant to be suspended as long as defendant pays £4 per calendar month; first payment to be made on 13th January, 1928.

A. H. Fenn (Mr G. J. Walker) v. N. Simmons, claim £9 16s 4d;. judgment summons. Defendant did not Order made for payment of £9 ICs 4d forthwith, in default 10 days’ imprisonment inTimaru prison;' warrant to be -suspended as long as defendant pays £2 per calendar month; first payment to be made on 13th January, 1928. NEGLIGENT MOTORISTS. Charles Taylor was charged with having, ou the 28th October, driven a motor car in a negligent manner on the North Town Belt. Sergeant Dwan stated that defendant was a farmer, and was driving east along the North Town Belt. There were cows on one side of the road and children on the other, and in trying to avoid these, he swerved his car to the left and struck a telegraph pole. Several wires were broken, and defendant had been put to considerable expense to repair the damage done to his car. Mr G. J. Walker, who appeared for defendant, said the case was as stated by the sergeant. It had cost defendant £2O for the damage .done to his car, which was not insured.

■Defendant was convicted and fined £2, with 18s costs.

John Thomas Frederick ■ Baker was charged with having, on the 17th November, ridden a motor cycle along the Main North Road in a dangerous manner. Defendant pleaded guilty. Sergeant Dwan said defendant, who was a motor cyclist, as the result of a challenge, had set out to race two cyclists from Winchester to the Temuka north boundary. Some onlookers estimated his speed at from 45 to 48 miles an hour. There was only one intersection on the road; that was close to the town, and this constituted the danger to the public; but no accident occurred.

Defendant was convicted and fined £3, with 10s costs. Daniel Sugrue was charged with having, on the 24th November, at Temuka, driven a motor car in a dangerous manner along Wilkin street, and pleaded guilty. Mr F. J. Smith appeared for his defence. Sergeant Dwan said defendant was driving south along Denmark street and, meeting another car close to a street intersection, swerved to the wrong side and stopped, and the other car struck defendant’s, which was somewhat damaged. Defendant had paid for the damage to the other man’s car. Defendant said that as soon as he 1 saw the other car he put his brakes on and swerved to his wrong side. There, was a high fence at the corner which obstructed his view. Defendant was convicted and fined £2, with 15s costs. CHIMNEY ON FIRE. Helen Jane Webb was charged with having, on the sth November, allowed a chimney in her dwelling to catch fire. Mrs Webb appeared and said she had her chimney cleaned twice a year. She was convicted and fined 7s Gd, with 10s costs. ALLEGED ASSAULT. John Glanville Bryan was charged with having, on the 25th November, assaulted EdwArd Joseph McCabe, and pleaded guilty. Mr P. J. Smith appeared for the accused.

Sergeant Dwan said there had been a tug-of-war-in the Drill Hall, and afterwards accused had gone to complainant, who was standing by his car, and asked for a ride to Geraldine, and made an insulting remark. He was told to ask in a proper manner, and then, struck the

complainant. There were two witnesses, who were present in Court. Mr Smith, for defendant, said it was not a very serious affair. His client had pleaded guilty, but as a matter of fact, it was just a case of one man hitting another, It could not have been very serious, as the men had driven home together. Accused was convicted and ordered to pay witnesses’ expenses amounting to 295. ‘ LIQUOR CASES.

Timothy and Patrick O’Connor were charged with entering licensed premises while prohibited. Michael O’Connor was charged with having entered the same premises with Timothy and Patrick O’Connor, knowing that they were prohibited. None of the defendants appeared. Patrick Francis Peoples deposed to the men coming on to his premises on the dates mentioned in the charges, and being supplied with liquor. He did not know they were prohibited.

'Constable Southworth said he had interviewed the men at Orari, when they had admitted the charges. Sergeant Dwan said the men had ■given notice that their work precluded them from attending the Court.

Defendants were all convicted, Patrick and Timothy being each fined £2 and costs, and Michael £3 and costs on one charge and 10 s and costs on the other.

Henry Gordon appeared to answer four charges of having, on the 11th and 12th November, while prohibited, entered licensed premises and procured liquor. He pleaded guilty.

Sergeant Dwan said accused was a stranger to the town, and on the dates mentioned in the charge got the loan of a bicycle, rode to a hotel, and committed the offences. The prohibition order was issued on the 3rd November, at his own request. This was his first breach of his order.

. In reply to the Magistrate, accused said he was unmarried and had nothing to say.

Accused was convicted and fined £3 and costs, being given a month to pay. The Magistrate warned defendant that he was liable to imprisonment for a second breach of a prohibition order, and advised him not to appear again before him on a similar charge. “We want to help you as much as we can, but you will have to help yourself.”

''Frederick Pimm was charged with procuring liquor while prohibited, and pleaded guilty.

Sergeant Dwan said that defendant was seen going down High street towards the river, showing signs of liquor, and when he saw Constable Southworth approaching, he threw half a bottle of liquor over the fence.

Defendant was convicted and fined £3 and 10s costs. William Lawlor and Thomas Jno. Greelish were each charged with having been on licensed premises unlawfully. Doth pleaded guilty, and Mr F. J. Smith appeared on their behalf.

Sergeant Dwan said that at 10.50 on the night in question, Constable Southworth found the accused in a hotel yard. They had no liquor, but it was a singular coincidence that some people will persist in getting on to licensed premises after hours.

Mr Smith said the men had been to the billiard room and were going to a building beyond the hotel to see a tug-of-war practice. They had gone on to the premises to use the convenience, and did not realise that they were committing' an offence. /

In convicting the defendants, the Magistrate said the excuse offered was absurd, and the men would each be fined £l, with 10s costs. William Peter McGillen was charged on three counts with (1) being unlawfully on licensed premises, (2) entering licensed premises while prohibited, and (3) procuring liquor while prohibited. He pleaded guilty to all the charges. Constable Southworth said on the night of the offences he found defendant in a hotel with two other men. He showed obvious signs of being under the influence of liquor, and left when asked. Sergeant Dwan said defendant had been behaving pretty well recently. Defendant was convicted on all the. charges, and was fined £2 with 10s costs on the first, £3 with 10® costs on the second, and dischargedwithout fine on the third. (Other cases dealt with are reported under .separate headings).