S.M. COURT.

Taranaki Herald, Volume LXIII, Issue 144664, 26 April 1915, Page 7

S.M. COURT.

TO-DAY'S SITTING. I Mr. A. Crookc, S.M., presided at a sitting of the Magistrate's Cour-t this morning. BREACH OF PROHIBITION ORDER W. J. Brennan pleaded guilty to a charge of drunkenness and broach of a prohibition order. In connection with the latter, defendant claimed that lie had understood that the order could bo applied only in the district where it was taken mit, Patea ami Wanganui, but had been since informed that it affected the whole of Now Zealand. Sub-Inspector Foully said that the accused was convicted of an offence in Wanganui in June last, and part of the .sentence was that he was prohibited. Since then he had been living with his father in New Plymouth, this being his first lapse hero. The Sub-inspector added .that in fairness to the prisoner he would like to call his Worship's attention to the fact that lie had just boon iiu'orme.d that it was a practice in some courts in this island, when a prohibited person had been arrested for drunkenness, to hold that he could lie convicted tor the one offence only, either drunkenness or the broach of his older. Ho said this was not the practice in other towns. His Worship said a case in point, which went very fully into the matter, had lately'been decided in England. It was there held that an offender could be convicted of both the offences. In .the present instance, the delondant would bo convicted on the charge ol procuring iirpior during the currency of his prohibition order, and would be fined £1 .and costs 7s, in default IS hours’ imprisonment in the Nr-w Plymouth Gaol. On the charge of drunkenness lie would be convicted and discharged. Ho was allowed till -1 p.m. to find the money. CHARGE OF VAGRANCY. Charles Miller, alias Schmidt, was charged with drunkenness and, Inrther, with being a vogue and a vagabond,- and tint lie had been previously convicted of bsifig an idle and disorderly person. Prisoner pleaded guilty to the first charge, and o!e< ted to he tried by the magistrate on the second charge, to . which he pleaded guilty, but said he I would like to explain the position. I His Worship. Do you deny having ' been previously convicted of being an I idle and disorderly person ? | Schmidt; No; but that was at Strat- i ford, when 1 had 30s in my pocket and ; had only been in the town for four j hours. !

The Sub-Inspector; Still, you • were convicted t Schmidt: Oh, yes

On being granted permission to mako an explanation of the present case, prisoner said he had been working at dir. Newton King’s cement store for some time past, and had done no harm to 'anyone. However, lie had met some of his seafaring friends, and the result was that ho had had a tow drinks, leading to the present trouble. He reiterated that he had done no harm whatever, and said that he had been shipwrecked during his career, and since kicked from pillar to post as an undesirable person. He hoped that his Worship would, as a gentleman, giro him another chance.

The Sub-Inspector placed a different complexion on affairs. He said the accused had boon charged with vagrancy on no loss Thau five occasions, but had always escaped as an idle and disorderly Iverson with a limit or three months’ imprisonment, instead of as a rogue and vagabond and an incorrigible rogue, with a nnich longer limit. The prisoner was before tho court a. week ago, on a charge of drunkenness, when ho had been ordered to pay ill ' s tkl costs within seven days. This time had nowexpired without the money being forthcoming, though the prisoner had repeatedly called at the police station and asked to bo locked up again, as ho would not pay the line. His Worship entered a conviction mi the vagrancy charge, and sentenced the accused to one month’s imprisonment, with hard labour, in the New Plymouth prison. He was convicted and discharged on the charge of drunkenness.

CONCERNING AN ACCIDENT. Amy Longley, an infan}, claimed, through her mother, tho sum of £-17 Os from Robert Borrows and R. S. Johnston. Mr. il. H. Quilliam appeared for ihe plaintiff and -Ur. A. it, Stundish tor the defendant. In the statement of claim the plaintiff alleged that the defendants, on December Jl last, so wrongfully and negligently obstructed a certain highway, the jlaiigahia Road, near Uruti, by placin" and leaving thereon certain sacks contabling manure, that the plaintiff was thereby hindered and prevented iu her use of the road, the horse which she was riding becoming frightened ami unmanageable, ami throwing the plaintiff, who sustained serious injuries. The plaintiff therefore claimed the sum of £l7 6s as special damages, and a further sum of £6O as general damages.

The case was commenced at Wait-urn a week or two ago. On its being resumed to-day. Mr. Standish denied that ihe aoleudaius had been guilty of a •wrongful or negligible act in leaving the sacks of manure on tho road, and contended that the action was quite justifiable and within tho rights of a farmer having frontage to the road. It was fee usual practice iu the district to store goods by the side of the ’road, and iu this case they were only left there for a very short time. Robert Borrows, one of the defendants. said that on the morning of December 31 last Charles Smith and lie wont to tho Uruti store to obtain half a ton of manure, which was unloaded near the gateway of the .section. Some time later Smith went hack to the township, and witness returned to the house and took a pack-horse down to the gate, but did not start unloading theiMiceausc it was Imu-h time. While he was at the house, about to have dinner, he was informed that the accident had occurred. To Mr. Quilliam: Ho unloaded tho manure where he did because i-.c could not get it through tho gate. Evidence was given by R. Si. Johnston, the other defendant, by Charles Smith, Alfred* Featherslon. and Arthur l-'i-aser. the latter said ho had broken in the puny and did not consider it safe for a child In ride. After Mr. Standish had concluded the case lor tin- defence, the ease was adjourned until 2 o'clock.