MAGISTERIAL

Timaru Herald, Volume LXXVI, Issue 11688, 22 February 1902, Page 4

MAGISTERIAL

TIMAP.U—FRIDAY, FEBRUARY 21s*. (Before Mr C. A. Wray, S.M.) /MAINTENANCE. Thomas Quinlan v. William Quinlan, an application for an order against defendant for the maintenance of his two sisters. Mr Raymond appeared for the informant.

Mr Raymond said the information was laid under the Destitute Persons Act, by Thomas Quinlan, against William Quinlan, for the maintenance of defendant's two sisters. The girls' father had been dead for some time, and the informant, though no relation, had taken them into Lis home, the defendant at the time agreeing to pay 5s each for their keep. Nothing had been paid for a considerable time, and defendant had enlisted in the Ninth Contingent. He (counsel) had received a telegram from defendant, asking that proceedings be withdrawn, as he was leaving some money for maintenance. Under those circumstances he suggested a remand till defendant could be communicated with, and an agreement made in proper form. ' His Worship consented to an adjournment for seven days. The case against J. McEnnis was withj drawn, satisfactory arrangements having been made for the boarding of the children. A TRAP ACCIDENT. George Brassell, farmer, Pareora, was charged with being drunk while in charge •f a horse and tiv.p. Accused pleaded not guilty, and wa.v defended by Mr Raymond.

. Sergeant WSirriiuj said that on Saturday, the Srh tiie accused was driving through the tov/n, and when near Werry'a hotel a iitr'e caila was knocked down, receiving injuries which necessitated medical attention. Constables Barrett and Joyce were st:>ndiag a short distance off, and went after the accused, who had driven off without stopping to ascertain whether the child was hurt or not. The police informed accused of the accident, saying that he had probably killed the child, but he replied " What if I have 1" Both the constables \vould swear thataccused was drunk, and unfit to be in charge of the horse and trap. Constable Joyce -gaive evidence that at about 3 p.m. "en the Bth inst. he was coming along George street in company with Constable Barrett. On nearing Stafford street his attention was attracted by the cries of a child, and on looking he saw a little boy on the ground among the horse's feet. The accused was called on by the bystanders to stop, but druve right on, taking no notice of the occurrence. The child was picked up and taken t-.i L'r Hogg for tieatmeat. Witness and Constable iJarrett went after the accused, and overtook him near Ballantyne's,. where he had stopped. Accused* was muddled with drink, and would have been arrested but for another man who was in the nap promising to take charge of.it.

To Mr Kavmocd: The accused drove the trap away after witness finished talking to him. The sustained a sprained ankle, but might not be otherwise much hurt. Constable Barrett said that he saw the child rolling from underneath the cart. A wor.a: l . was sitting on the back seat, saw the child, and ispoke to one of the men in front, who looked round. Witness went after the trap, which stopped at Ballantyne's. and mterviewecT" the accused. Another man promised to take charge of the trap, so it was allowed to proceed.

To Mr Raymond: There was no furious driving. The horse was trotting steadily, and there wa> nothing irregular about the driving. When witness spoke to accused he had no doubt whatever that he was drunk, acd not fit to take charge of the horse.

Mr Raymond, for the defence, said that the accused came in from Pareora in the morning, and transacted his usual business. About 3 p.m. he drove along the town, and as a trap was coming down Gabites' hill he had to swerve to the side to let it pass. The nurse girl who was with the child came too close, and the child was brushed over by the step of the trap. Biassell could see that it was not seriously hurt, and drove on to Miller's, the grocer. The constables came up to him. and he answered them rauier shortly, but they did no; arrest him or refuse to allow him to proceed. There was no evidence to show that he was unfit to be in charge of the horse and trap. George TlraJsel". f.:mer at Pareora, gave evidence that the ste;> of the trap projected about four inches bsyond the wheel, and brushed the child over. He could see that it w.i's not hurt, though it got a fright. He ca:;:s back to town that night and m;'de enquiries about it. He denied that he was drunk, but he had had some drink. To Sergeant "Wr.rring: Had had three or four bcer> during the oV.y, but took no spit its a:: all. The police did not say anything acniix-t hi-s driving home, or sugges- that- ids father should take charge. • W. Miller, grocer, gave evidence that accused was sober when he called at his shop. His face was a. bit red, as if he had had some drink, H>ut witness did not think him unfit to drive. The accused went into the shop and took out

the boxes, and the police came up afterwards. H. Gsaney gave evidence that accused called at his* shop about 3 p.m. on Saturday, the Bth inst. and made some purchases. Witness could see that accused htfd had a glass or two, but did not consider him drunk, or unfit in charge of a horse and trap. His Worship said that the question was whether the man was too drunk to have charge of a horse and trap. The police said that so far as his driving was concerned there was nothing wrong, but when they came near and spoke to him they could see he was drunk. It was 'father hard to draw the Jine in these matters, as a man who could carry boxes out of a grocer's shop, make purchases, and go about his ordinary business, although he might be under the influence of drink, could hardly be called drunk. There was great difficulty in these matters, and he had to be satisfied that the accused was too drunk to be in charge of a horse and trap before he could convict. In this case there was a doubt, and accused would get the benefit of it. The case was dismissed.

FAIRLIE.—MONDAY, 17th FEB RUAEY.

THE RABBIT ACT. Stock Inspector v. J. McArthur, Rhoborough Downs; failing to take reasonable steps to destroy rabbits. W. Black, stock inspector, gave the facts of the case. The defendant admitted the charge, and was fined £2, and costs £l. DIRTY SHEEP.

Stock Inspector v. Julius Siegert, Thomas Muir, Hugh Ross and C. Brosnahan; exposing lousy sheep for.sale in the yards at Fairlie.

W. Black, stock inspector, having given evidence as to the facts, the defendants were each fined 20s. without costs. DANGEROUS DOG.

Mahala Mason was charged with being the owner of a dangerous dag, not under proper care and control. Evidence was given as to the dog's viciousness, and the Magistrate ordered the dog to be kept tied up, telling the defendant that such a dog, if found on anyone's premises, might be shot.